Dementia Care Disclosure in Delaware: What Facilities Must Tell You by Law

The Law Families Don't Know About

Delaware has a consumer protection law that most families searching for memory care have never heard of: the Dementia Care Services Mandatory Disclosure Law, codified under Title 6, Chapter 25K of the Delaware Code.

The requirement is straightforward — any facility that markets or advertises itself as providing dementia care, Alzheimer's care, or memory care must provide a detailed written disclosure to prospective residents and their families before admission. This isn't optional. It's not a best practice. It's a legal mandate, and you can demand it from any facility using memory care language in its marketing.

What the Disclosure Must Include

The written disclosure must cover several specific categories:

Care philosophy and approach — How does the facility conceptualize dementia care? Is it person-centered? Activity-based? What theoretical framework guides their programming? This section separates facilities that have a genuine clinical approach from those that simply locked a hallway and called it a memory care unit.

Staff training and qualifications — What dementia-specific training do direct care staff receive? How many hours? How often is it refreshed? Is it provided by certified dementia care trainers or is it generic in-service education? Delaware doesn't mandate specific dementia training hours for assisted living staff, which makes this disclosure section your only window into actual training standards.

Staffing levels and patterns — How many staff members are dedicated to the memory care unit on day, evening, and overnight shifts? What is the resident-to-staff ratio? Are these dedicated memory care staff or do they float between the general assisted living population and the secured unit?

Physical environment and security — What features prevent elopement? Alarmed doors, wandering management systems, secured outdoor spaces? How is the unit physically designed to reduce agitation and confusion? Are there circular walking paths, adequate lighting, and visual cues?

Assessment and care planning — How does the facility assess cognitive function at admission and over time? How often are care plans reviewed and updated? What tools do they use? How do they communicate changes in a resident's condition to the family?

Medication management — What is the facility's approach to psychotropic medications? Are chemical restraints used to manage behavioral symptoms? What safeguards are in place? Delaware follows federal guidelines discouraging unnecessary use of antipsychotic medications in dementia patients. Ask how the facility reviews medication decisions and safeguards residents.

Activities and programming — What structured activities are designed specifically for residents with cognitive impairment? Generic bingo and television don't constitute dementia programming. Look for evidence of sensory stimulation, music therapy, reminiscence activities, and outdoor access.

Why This Matters: Delaware Has No Separate Memory Care License

This disclosure law exists because Delaware does not issue a separate license for memory care facilities. Memory care is provided within secured units of licensed assisted living facilities or nursing homes — the same facilities governed by the standard Title 16 licensing regulations. There's no additional regulatory layer ensuring that a "memory care unit" meets any specific clinical or staffing standard beyond what every assisted living facility must provide.

The disclosure is the gap-filler. Without it, a facility could market a locked wing as "specialized memory care," charge a 25% premium over standard assisted living (memory care in Delaware averages $9,500/month versus $7,600 for standard assisted living), and provide no meaningfully different care.

How to Use the Disclosure

Request the written disclosure from every memory care facility you're evaluating — before the tour, not during it. Having the document in advance lets you compare facilities on paper and prepare informed questions for the visit.

Red flags to watch for:

• Vague or generic language — If the disclosure reads like marketing copy rather than specific clinical information, the facility may not have a genuine dementia care program
• No mention of specific training programs or hours — "Our staff is trained in dementia care" without details is meaningless
• Identical disclosures across corporate-owned facilities — A boilerplate document copied across a chain's properties may not reflect what actually happens at the specific location
• Refusal or delay in providing the disclosure — The law requires it; hesitation to produce it is a significant concern

If a facility markets memory care services but refuses to provide or claims ignorance of the mandatory disclosure, you can file a complaint with the Division of Health Care Quality (DHCQ) or contact the Long-Term Care Ombudsman at 1-855-773-1002.

The Delaware Care Decision Toolkit includes a memory care disclosure verification worksheet that turns the Chapter 25K requirements into a scored comparison tool — making it practical to evaluate multiple facilities side by side.

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