Tag Archives for Accessory Dwelling Units

AARP report: States’ care for seniors “painfully inadquate”. Major gaps in RI

Published in RINewsToday on October 2, 2023

Last week, the Washington, DC-based AARP released its latest Long-Term Services and Supports (LTSS) Scorecard, calling care provided to seniors and persons with disabilities during the last three years after the COVID-19 pandemic “painfully inadequate.”  This nine-page report detailed state specific data, finds major gaps in providing care in every state, including Rhode Island, especially in these categories:  “Housing for Older Adults”, “Home Care Costs” and “Home Health Aide Supply”. 

The LTSS Scorecard, consisting of 50 indicators, focused on: affordability and access; choice of setting and provider; safety and quality; support for family caregivers; and community integration, using data from a variety of publicly available sources, such as the Centers for Medicare and Medicaid Services, American Community Survey, and Bureau of Labor Statistics.

Many benefits of accessing the data

According to AARP, this Scorecard can be a roadmap for improving the LTSS systems and the lives of those who rely on assistance.  Many others will benefit by reviewing this data, too. Federal, state, and local policy makers can identify priorities and ensure resources are allocated equitably. Aging advocates can glean public data and hold government officials accountable. Family caregivers can identify needed resources and become actively involved in policy discussions and advocacy. Seniors relying on long-term care programs and services can learn to inspire culture change and demand available tools. Finally, employers can improve workplace policies and practices to assist caregivers and healthcare groups so they can explore public-private partnerships and alliances. 

Like the findings reported in AARP’s LTSS Scorecard in 2020, Rhode Island ranked 12th in the country in 2023, but this year’s Scorecard reveals that the state has made some progress in improving care options for older Rhode Islanders, specifically the enrollment in the Program of All-Inclusive Care for the Elderly (PACE), as well as the availability of Adult Day Services.

“The pandemic reinforced the need to strengthen long-term care for countless loved ones across the country, including here in Rhode Island,” said AARP Rhode Island State Director Catherine Taylor in a Sept. 28th statement announcing the release of the 2023 LTSS Scorecard. 

“AARP’s Scorecard shows that there are many roads to meet the needs of all Rhode Islanders who deserve the very best care, including the 121,000 family caregivers in our state. The overwhelming majority — 87% — of Rhode Islanders age 45+ would prefer to receive care for themselves or loved ones at home with caregiver assistance. Yet, our low rankings in Housing for Older Adults (51st), Home Care Costs (43rd) and Home Health Aide Supply (41st) underscore how difficult it is for them to age the way they choose. It’s time to accelerate our efforts, for the sake of saving more lives,” she says.  

RI is dead last in housing

“In particular, Rhode Island’s dismal ranking for Housing for Older Adults – dead last – points to the urgent need to increase the supply of affordable, accessible housing. We can do that by passing legislation early in 2024 to strengthen homeowners’ ability to build an accessory dwelling unit (ADU) to allow them to age in place, support a family member, or house a caregiver,” Taylor said.

A national snapshot of the LTSS Scorecard’s 2023 Data

According to Scorecard, 12 states, including Rhode Island, have enacted paid family leave laws and 18 states have paid sick day laws, which can be used to assist caregivers. AARP’s latest Scorecard also reported that only 6 states provide a tax credit for family caregivers’ out-of-pocket expenses. Rhode Island does not provide a tax credit – nor is it among the 7 states that have statewide laws protecting caregivers from discrimination in the workplace that ensure they are not unfairly treated due to caregiving duties outside of work.

Meanwhile, it was reported that dozens of states experienced declines in the number of care choices that help support family caregivers. For instance, 16 states, including Rhode Island, had declines of 10% or more in access to home health aides since 2019. 

Regarding Home and Community-Based Services (HCBS), the LTSS Scorecard reported that 11 states, including Rhode Island, had state policies that improve presumptive eligibility for Medicaid HCBS at the time of data collection, making it possible for people to go home to receive care after being in the hospital – rather than having to be admitted to a nursing home while their eligibility for Medicaid payments is being determined.

The research indicated that many states also have large numbers of people with low care needs living in nursing homes, indicating a lack of HCBS access and services. More than 20% of nursing home residents in Rhode Island have low needs – compared to 9% nationally.

Data confirms Major Workforce Crisis in nursing facilities across US

As to nursing homes and institutional care, the AARP’s 2023 Scorecard confirmed that a  major workforce crisis exists in facilities across the country. Across all states, wages for direct care workers are lower than wages for comparable occupations, with shortfalls ranging from $1.56 to $5.03 per hour. In Rhode Island, wages are $1.79 lower than other entry level jobs.   

Nationally, more than 50% of nursing staff in nursing facilities leave their job within a year (53.9% turnover rate). However, in Rhode Island, the rate is slightly better than the average, at 49.3% – with Montana, Vermont, and New Mexico experiencing the highest averages in staffing turnover.  

Staffing disparities are also a significant challenge, say researchers, noting that residents of nursing facilities with high admissions of Black residents receive almost 200 fewer hours of care per year compared to residents of facilities with high admissions of white residents. 

According to the LTSS Scorecard, only 22% of nursing facility residents live in a facility with a 5-star rating in the US – with less than the national average, about 20.2%, of Rhode Island residents living in a 5-star facility. Gaps in workforce and equity result in persistent problems in care, say the researchers. One measure, pressure sores, can be life-threatening as they can lead to bone or joint infections, cancer, and sepsis. In this measure, 10% of facility residents nationwide experienced a pressure sore.

Finally, this year’s Scorecard announced that there is progress being made to create innovative and effective alternatives to traditional nursing facility models. Specifically, the researchers say that 10 states, including Rhode Island, made strides in nursing home innovations, such as by utilizing Green House® Nursing Home availability and policies, which includes small facilities, private rooms, and other best practices.

AARP’s 2023 LTSS Scorecard identified recommendations that can fix the nation’s delivery of long-term care programs and services to enable seniors to age in place in their communities. It called for increasing support to the nation’s 48 million family caregivers, “who are the backbone of the long-term care system, providing over $600 billion in unpaid care, such as with paid leave, tax credits, and other mechanisms to address health and financial needs.”

AARP Rhode Island continues to call on the Rhode Island General Assembly to support the state’s 121,000 family caregivers by advocating for enhancements to the state’s Temporary Caregivers Insurance program.

Recommendations on enhancing Long-Term Services and Supports

The Scorecard’s recommendations also called for investing in states’ Home and Community-based Care Infrastructure, by increasing support and training for home health aides and home visits, supporting the ability to access and use medical devices and equipment, and updating key Medicaid regulations and payment models.  

To tackle the workforce crisis, a recommendation suggests that it is crucial to support both nursing facility and in-home workforce by improving recruitment and training, increasing pay, and expanding the ability of trained nurses, aides, community health workers and other paraprofessionals to take on some aspects of care. States can choose to enact and enforce staffing and related care standards.

A recommendation also calls on States to expand the use of innovative, effective models for nursing homes can improve both quality of care and quality of life, such as with smaller facilities and private rooms and to address inequities by investing to close the staggering gaps in access to quality care and facilities and staffing shortages.

(Editor’s Note:  During the pandemic, then Governor Gina Raimondo allocated $5 million towards 2 changes in nursing homes – making all rooms private and providing non-shared, private bathrooms – for all residents – efforts to follow up on this effort have not resulted in what happened to that initiative according to the RI Department of Health).

Another recommendation urges states to create multisector plans for aging and building of coalitions and age-friendly health systems, to help seniors to age in place at home by having affordable and accessible housing and transportation, improved community design, and comprehensive emergency preparedness plans.

Researchers also suggested the advancing innovation in cities, counties, and states by supporting comprehensive state- and community-wide aging plans and piloting new approaches and programs, like Green House® Nursing Homes and presumptive eligibility, that can then be scaled.

Finally, Climate Change is increasing national disasters, and the LTSS Scorecard recommends that every state have a sound emergency preparedness plan to support nursing home residents, in particular, in times of crisis – including natural disaster.

“AARP’s LTSS Scorecard shows some progress and innovation, but there’s still a long way to go before we have systems that allow people to age well, and independently, for as long as possible and support the nation’s 48 million family caregivers. It’s also clear some emerging issues deserve more attention – from whether nursing homes are prepared to confront natural disasters, to whether they have plans in place to maintain and grow their workforces,” says Susan Reinhard, Senior Vice President, AARP Public Policy Institute.

The LTSS Scorecard is a charitable project made possible by a grant from AARP Foundation, with support from The SCAN Foundation, The Commonwealth Fund, and The John A. Hartford Foundation, and has been updated every three years since 2011.

To view the full Scorecard and state-by-state information visit https://ltsschoices.aarp.org/ 

To view the Scorecard for specifically Rhode Island, go to:  https://ltsschoices.aarp.org/scorecard-report/2023/states/rhode-island.

To view Previous Scorecards (2011, 2014, 2017 and 2020) go to https://ltsschoices.aarp.org/scorecard-report/report-archive/

House passes legislation to encourage the construction of ADUs

Published in RINewsToday on May 29, 2023

Rhode Islanders will be able to develop accessory dwelling units (ADUs) on their property under legislation sponsored by Rep. June S. Speakman (D-District 68, Bristol/Warren) and approved by the House. When the dust settled, H 6082 Aaa was passed by a vote of 61-10.  Of the 10 who voted against, 8 were Republicans and 2 were Democrats.  

Speakman had the backing of Speaker K. Joseph Shekarchi and his leadership team.  The legislation is co-sponsored by Majority Whip Katherine Kazarian (D-District 63, East Providence, Pawtucket), who is the number three ranking member in House leadership, and also by Chairman Stephen Casey (D-District 50, Woonsocket), who chairs the House Municipal Government and Housing Committee where the bill is still being considered. Speakman chairs the House Commission on Low- and Moderate-Income Housing, as well.

Other cosponsors of the ADL legislation are: Rep. Megan Cotter (D-District 39, Exeter, Richmond); Rep. Jason Knight (D-District 67, Barrington; Rep. Susan R. Donovan (D-District 69, Bristol and Portsmouth; Rep. Teresa A. Tanzi (D-District 34, Narragansett, South Kingston); Rep. Cherie Cruz (D-District 58, Pawtucket); Rep. Terri Cortvriend (D-District 72, Middletown, Portsmouth). A similar bill (2023-S 1006) has been introduced in the Senate by Sen. Victoria Gu (D-Dist. 38, Charlestown, Westerly).

House lawmakers give thumbs up to ADUs

AARP Rhode Island’s successful efforts to enact ADL legislation last year gives more zoning flexibility to the types of structures and arrangements that would quality as ADUs.  During the 2023 legislative session, the state’s largest aging group working closely with House lawmakers, aging and housing groups to advance H 6082 Aaa to make further tweaks to allow more Rhode Islanders to make further improvements to their homes by giving them an opportunity to develop ADUs on their property.   

The ADU legislation was written in collaboration with AARP Rhode Island, for whom increasing production of ADUs has been a primary policy goal for several years.

A video on ADUs from AARP: https://www.facebook.com/AARPRI/videos/1010939269550548/

With the passage of H 6082 Aaa, part of the 14-bill housing package backed by Shekarchi to encourage housing production, the Senate begins its debate on a companion measure (S 1006), introduced by Sen. Victoria Gu (D-Dist. 38, Charlestown, Westerly).

ADUs, sometimes called “in-law apartments” and “granny flats,” are accessories to existing housing, either as a conversion of part of a house (such as with a walkout basement), an attachment to a house or a smaller, detached dwelling. They have become increasingly popular around the nation in recent years as states and municipalities grapple with expanding the existing housing stock while preserving the feel of residential neighborhoods. Seniors, especially, have taken to ADUs as a way to downsize their living space while staying independent in the community they love.

The bill would provide homeowners the right to develop an ADU within the existing footprint of their structures or on any lot larger than 20,000 square feet, provided that the design satisfies building code, size limits and infrastructure requirements.

The purpose of the bill is to encourage the development of rental units that are likely to be more affordable than many other apartments, and also provide opportunities for homeowners with extra space to generate income that helps them maintain ownership of that property.

Combatting the Housing Crisis

“For many people, especially single people and older adults, ADUs provide just enough space and could be a more affordable option than a larger, traditional apartment. For some, they might make it possible to stay in their neighborhood or near family members after downsizing from their own home, or they might be an opportunity to live in a neighborhood where apartments are scarce or are otherwise out of their price range,” said Speakman in a statement announcing the passage of H 6082 Aaa. “We need more rental units of all types in our state, and making it easier for homeowners to use their extra space in this manner is an avenue that will help develop some in relatively short order without altering anyone’s neighborhood or requiring new, expensive construction,” she said.

To ensure that the bill achieves its goal of housing Rhode Islanders, the legislation prohibits ADUs constructed under this provision from being used as short-term rentals, and streamlines the permitting process.

“Our housing crisis is very complex, and we must be creative and identify all the tools we can to create housing that makes the most of our resources. This particular bill removes some of the obstacles to building ADUs while respecting municipal land use policies.  Our commission learned that there are many people in Rhode Island who already have space that they’d like to use in this way, but our laws make it complicated. We desperately need housing, so it’s in the public’s interest to make it easier,” said Speakman. “This is a step in the right direction toward a goal that is going to require a cooperative effort across the state for years into the future,” she adds.

Speakman considers H 6082 to be a small but important part of the much broader effort that Rhode Island must adopt to encourage the development of affordable housing.

Strong support for creating ADUs

In her testimony before the House Municipal Government and Housing Committee where the bill is the being considered (before passage on the House floor), AARP Rhode Island State Director Catherine Taylor stated that passing H 6082 Aaa would be a “great step forward” to improve the existing ADU legislation and to provide municipalities with guidance on how to apply the law in their locality.

ADUs can potentially improve the lives of seniors, caregivers, and people of all ages, too, says Taylor. According to AARP Rhode Island’s November 2021 Vital Voices survey over 54% of Rhode Islanders over age 45 would consider creating an ADU if the space was available. In addition, a strong majority (84%) of Rhode Islanders aged 45 and over strongly or somewhat support town ordinances that makes it easier for property owners to create an ADU. “Allowing ADUs by right where the proposed ADU is located within the existing footprint of the primary structure or existing secondary attached or detached structure and does not expand the footprint of the structure will provide the housing options and security that Rhode Island residents are looking for,” notes Taylor.

In addition to the AARP, the bill has the support of numerous organizations and agencies, including the Rhode Island League of Cities and Towns, Rhode Island Housing, the American Planning Association Rhode Island Division, Grow Smart RI, RI Realtors, and Housing Network RI.

Although there was no opposition at the committee hearing for the legislative proposal, the House GOP caucus supports the concept, but expressed concerns about its impact on Rhode Island communities.  When the legislative proposal came to the House Floor no Republican lawmakers voted for H 6082Aaa.

GOP supports ADU concept but opposes passage as written

“While ADUs have been a fabric of housing throughout Rhode Island including the rural districts that I represent, they bring with them some concerns that should not be overlooked,” says House Minority Leader Michael Chippendale (R-District 40, Foster, Glocester).” The current proposal can be modified into an effective tool to help combat the housing shortage, but it requires input from all of our municipalities – particularly those like the ones in my remote district,” he notes.

Chippendale says that this legislative proposal currently before the Assembly isn’t inherently bad, but it needs to consider the challenges it creates for all 39 municipalities. “For example – if there is not sufficient off-street parking, which this bill severely limits, towns like Foster, Glocester, Western Coventry and others can have problems. Issues such as snow plowing an already narrow roadway, the passage of large vehicles such as fire trucks, garbage trucks and others that can be impacted by cars parking on the roads.  Further, they can represent a drain on limited resources such as drinking water when more people are being allowed to draw from an existing aquifer that may already be operating under duress. The same applies to neighborhoods that have water districts with limited water supply,” he adds. 

With Speakman’s ADU Legislation passed on the House floor, it is now time for the Senate to act and pass its companion measure.  Expanding ADUs in Rhode Island communities is sound housing policy that will provide access to much needed housing. Yes, it is the right thing to do.  

To download a copy of AARP Rhode Island’s “The ABCs of ADUs,” watch a Tutorial on ADUs and find other resources, go to: www.aarp.org/RIADU.

General Assembly considers “Granny Flats” proposal

Published in RINewsToday on April 24, 2023

By Herb Weiss

After AARP Rhode Island’s successful efforts to pass legislation last year, giving more flexibility to the types of structures and arrangements that would quality as accessory dwelling units (ADUs), during this year’s legislative session the state’s largest aging group is working closely with state lawmakers, aging and house groups to advance H 6082. Introduced by Rep. June Speakman (D-District 68, Bristol/Warren), the bill makes further improvements to enable more Rhode Islanders an opportunity to develop ADUs on their property. 

ADUs, sometimes called “in-law apartments” and “granny flats,” are accessories to existing housing, either as a conversion of part of a house (such as with a walkout basement), an attachment to a house or a smaller, detached dwelling. They have become increasingly popular around the nation in recent years as states and municipalities grapple with expanding the existing housing stock while preserving the feel of residential neighborhoods. Seniors, especially, have taken to ADUs as a way to downsize their living space while staying independent in the community.

H 6082 was written in collaboration with AARP Rhode Island, for whom increasing production of ADUs has been a primary policy goal for several years.

Encouraging the Construction of ADUs

H. 6082 would provide homeowners the right to develop an ADU on any lot larger than 20,000 square feet, provided that the design satisfies building code and infrastructure requirements. H 6082 would also provide homeowners on lots smaller than 20,000 square feet to construct an ADU within the existing footprint of the primary structure or existing secondary attached or detached structure that does not expand the footprint of the structure, provided that the design satisfies building code, size limits and infrastructure requirements.

The purpose of H. 6082 is to encourage the development of rental units that are likely to be affordable, and also provide opportunities for homeowners with extra space to generate income that helps them maintain ownership of that property.

To ensure that the bill achieves its goal of housing Rhode Islanders, the legislation prohibits ADUs constructed under this provision from being used as short-term rentals and streamlines the permitting process.  Speakman considers H 6082 to be a small but important part of the much broader effort that Rhode Island must adopt to encourage the development of affordable housing.

“Our housing crisis is very complex, and we must be creative and identify all the tools we can to create housing that makes the most of our resources. This particular bill removes some of the obstacles to building ADUs while respecting municipal land use policies,” says Speakman in a statement announcing her sponsorship of the ADU legislation.

“For many people, especially single people, and older adults, ADUs provide just enough space and could be a more affordable option than a larger, traditional apartment. For some, they might make it possible to stay in their neighborhood after downsizing from their own home, or they might be an opportunity to live in a neighborhood where apartments are scarce or are otherwise out of their price range,” notes Speakman, calling for more rental units.

“Accessory dwelling units are a great option to enable seniors to live at home independently and with dignity near their loved ones. They are also a very simple way to increase housing stock. Like several of the other pieces of legislation in the housing package I’ve put forward this year, this bill was developed based on feedback: in this case, from AARP, who made the ADU legislation one of their top priorities for this session,” stated House Speaker K. Joseph Shekarchi (D-District 23, Warwick). “I am proud to support and co-sponsor this legislation because I know what a difference it will make for many seniors in Rhode Island to safely age in place,” he said.

Hearing puts spotlight on housing bills

On March 16th, the Municipal Government and Housing Committee held a hearing on H 6082, part of a 14-bill housing package had earlier in the month by Shekarchi to encourage housing production. The legislation in the package stems from the work of the House Commission to Study the Low and Moderate Income Housing Act, which Speakman has led since its inception in 2021, and another commission studying all aspects of land use and development.

In her testimony, AARP Rhode Island State Director Catherine Taylor stated that passing H 6082 would be a “great step forward” to improve the existing ADU legislation and to provide municipalities with guidance on how to apply the law in their locality.

ADUs can potentially improve the lives of seniors, caregivers, and people of all ages, too, says Taylor. According to AARP Rhode Island’s November 2021 Vital Voices survey over 54% of Rhode Islanders over age 45 would consider creating an ADU if the space was available.  In addition, a strong majority (84%) of Rhode Islanders aged 45 and over strongly or somewhat support town ordinances that makes it easier for property owners to create an ADU.

“Allowing ADUs by right where the proposed ADU is located within the existing footprint of the primary structure or existing secondary attached or detached structure and does not expand the footprint of the structure will provide the housing options and security that Rhode Island residents are looking for,” notes Taylor.

Warwick resident Keri-Lynn Edge and her husband contemplated building an addition on her property for her widowed mother who required constant care and assistance with activities of daily living. “Buying a home or condo, even if closer to us, would leave us in a similar predicament. It would take me away from my home to care for her and handle her affairs. So, an ADU seemed like the perfect solution,” she told the Committee. 

“Unfortunately, I am currently at a standstill with how to progress, and I am hopeful that this talk of ADUs comes to fruition,” says Edge, noting that the City of Warwick only allows one dwelling on a property and even though it is aware of H 6082 it won’t authorize building of ADUs until legislation is enacted.

In comments, retired Registered Nurse Timothy Tobin spoke of his long-standing plan to build an ADU on his daughter’s property in Bristol to live closer to her and his five grandchildren. Ultimately, he found out that in Rhode Island’s economic climate, specifically in his town, this project was too costly. “Between restrictive town and state building codes and very high prices for the actual building to comply with the codes, our dream is all but dashed,” he said.

RI Housing, the Housing Network, RI Realtors, and the Rhode Island Chapter of the American Planning Association (offering comments to make the bill clear) submitted testimony supporting the expansion of ADUs. Governor Dan McKee, sending his blessing and support for the passage of H 6082, noted it will “clarify and noting that it will streamline permitting processes, standardize notice and advertising requirements, and incentivize creative ways to build more housing in Rhode Island.   

And RI AARP members sent dozens of emails from all corners of the state urging the Municipal Government and Housing Committee to pass the ADU legislative proposal, too.

Although there was no opposition at the committee hearing for the legislative proposal, the House GOP caucus supports the concept, but expressed concerns about its impact on Rhode Island communities.  “While ADUs have been a fabric of housing throughout Rhode Island including the rural districts that I represent, they bring with them some concerns that should not be overlooked,” says House Minority Leader Michael Chippendale (R-District 40, Foster, Glocester).” The current proposal can be modified into an effective tool to help combat the housing shortage, but it requires input from all of our municipalities – particularly those like the ones in my remote district,” he notes.

Chippendale says that this legislative proposal currently before the Assembly isn’t inherently bad, but it needs to consider the challenges it creates for all  39 municipalities. “For example – if there is not sufficient off-street parking, which this bill severely limits, towns like Foster, Glocester, Western Coventry and others can have problems. Issues such as snow plowing an already narrow roadway, the passage of large vehicles such as fire trucks, garbage trucks and others that can be impacted by cars parking on the roads.  Further, they can represent a drain on limited resources such as drinking water when more people are being allowed to draw from an existing aquifer that may already be operating under duress. The same applies to neighborhoods that have water districts with limited water supply,” he adds. 

Ultimately, no action was taken at the hearing, noted House Communications Director Larry Berman, noting that it’s the usual practice to receive input at the first hearing. “We expect a second hearing to be held in the coming weeks in which it will likely be voted on and moved to the full House for consideration,” he said.

According to Berman, the Senate has not yet duplicated this bill, but he anticipates that the upper chamber will before the end of the session in June. “It won’t be included in the budget because it doesn’t have a fiscal impact on the state,” he stated, noting .

Speakman has backing from House leadership.  In addition to Speaker Shekarchi, it is co-sponsored by Majority Whip Katherine Kazarian of East Providence, who is the number three ranking member in House leadership, and also by Chairman Stephen Casey of Woonsocket, who chairs the House Municipal Government and Housing Committee where the bill is the being considered.  Of course, Speakman chairs the House Commission on Low and Moderate Income Housing as well.

Other H 6082 cosponsors are: Rep. Megan Cotter (D-District 39, Exeter, Richmond); Rep. Jason Knight (D-District 67, Barrington; Rep. Susan R. Donovan (D-District 69, Bristol and Portsmouth; Rep. Teresa A. Tanzi (D-District 34, Narragansett, South Kingston); Rep. Cherie Cruz (D-District 58, Pawtucket); Rep. Terri Cortvriend (D-District 72, Middletown, Portsmouth).

While the House mulls over Speakman’s legislative proposal, Smithfield just passed an ADU ordinance allowing property owners of single-family and multi-family homes to construct ADUs up to 900 square feet.  Other communities might consider following this community’s lead. 

With strong support of House Democratic caucus and no fiscal impact on the state coffers, there’s a very good chance that H 6082 might just make it to the legislative finish line.  Now it is time for the Senate to quickly act and pass a companion measure.  Expanding ADUs in every Rhode Island community is sound housing policy that will provide access to much needed housing. It’s the right thing to do.