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Scherer, Judith E., March 1993 - THE IMPACT OF STATE LEGISLATION ON RETIREMENT HOUSING MANAGEMENT: ISSUES OF LEGITIMACY

Abstract: State legislation influences the development of housing options for the elderly, describing legitimate standards and regulating management of facilities. The range of available services is the result of managers' calculations of how best to make a profit within the constraints imposed by legislation. The impact of state legislation can be assessed on the facility level by examining management decisions. In this dissertation operations in an Alabama domiciliary facility, a Florida independent-living with personal care facility, and a South Carolina continuing care retirement community were examined from the perspective of the contract firm providing management for the three facilities. Management responses to legislation, regulations, and inspections were classified as legitimization responses. As proposed, under comprehensive legislation managers more frequently used the adapt to and identify with response combination. Under non-comprehensive legislation the alter and avoid/deviate from response combination was used more frequently. More specifically, managers used the adapt to response to similar extents no matter how comprehensive the legislation, about 73% of response totals. This indicated that a certain level of compliance may be a condition of existence for all facilities. The identify with response was used less frequently under non-comprehensive legislation. Perhaps these managers had to first create a legitimate niche for their facilities within an undefined and uneducated market before they could identify with legitimate standards. Efforts to alter legitimate standards were more frequent under non-comprehensive legislation, perhaps as part of an effort to create a legitimate niche and educate the local market. Efforts to avoid/deviate from legitimate standards were more frequent under non-comprehensive legislation. Ambiguities in the legislation may have contributed to the frequency of this response pattern. The research provided evidence that legislative style does affect facility management. It supported the conclusion that both "housing" and "care" models of board and care are needed within the long term care continuum.

 
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