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Senior Living Liability

TL;DR

  • On a guaranteed cost program with a small retention, the carrier handles claims and there is nothing to decide. On a large retention program most claims resolve entirely inside your money, and the entity handling them controls investigation quality, defense counsel selection and reserve accuracy. All three are your money.
  • That is why the decision follows the retention rather than the size of the operator. Somewhere between a modest retention and a large one, claims handling stops being a service you receive and becomes a function you are buying.

Comparison

Carrier claims handling versus A third-party administrator

Should we appoint our own claims administrator?

Whose decision: Operators on a large retention or deductible program, and anyone considering one.

Last updated

Side by side

FactorCarrier claims handlingA third-party administrator
Whose money is being spentThe carrier money above the retention, yours below itYours, explicitly, which aligns the incentive
CostIncluded in premiumA separate fee, per claim or per program
Defense counsel selectionCarrier panel, usuallyYours, subject to carrier approval, which allows venue-specific and repeat-firm continuity
Reserve settingCarrier methodology, often conservativeYours, which matters because reserves drive collateral and drive how underwriters read your loss run
Senior care specificityVaries; some carriers in this class are very good at itSelectable, and the main reason to do it at all
Reporting to youStandardized, on the carrier cadenceSpecified in the service agreement, including cross-claim pattern analysis
Administrative loadNoneReal: selection, oversight, escalation triggers and carrier approval
Reporting obligation to the carrierHandled internallyStill yours; an administrator does not relieve you of the duty to report a claim that could reach the carrier layer

The recommendation

Appoint one once most of your claims never reach the carrier, and choose on caseload rather than on fee.

The threshold is not a dollar figure, it is a proportion: when the majority of your claims resolve inside the retention, you are self-insuring the working layer and the question is who administers it. Below that, the carrier handling it is doing the work at its own expense and there is no argument for paying twice.

When you do appoint one, the selection criterion that predicts service best is caseload per adjuster, followed by the proportion of their book that is long-term care. A generalist administrator will not know to preserve the delayed egress log, to pull the care plan revision history, or that the staffing record for the shift is the whole case. Ask for the named adjuster and their turnover rate, because continuity on a file that runs three years is worth more than the fee difference.

Two things to write into the agreement. An explicit escalation trigger, expressed as a reserve threshold, because the obligation to report a claim that could reach the carrier layer remains a condition of your coverage regardless of who is handling it. And a periodic pattern analysis as a deliverable, because the point of handling your own claims is not only cost control: the person who sees fifty files can tell you what to change in the buildings, and that will not happen unless you require it.

Follow-up questions

Carrier claims handling versus A third-party administrator: what people ask next

Does using a TPA affect our relationship with the carrier?

It requires the carrier approval on most fronted and large-deductible programs, and it should be raised before the selection is announced internally. Handled properly it improves the relationship, because a carrier reading well-reserved, well-documented files from a specialist administrator is looking at less uncertainty.

Will a TPA reduce our premium?

Not directly, and not in the first year. It reduces retained loss through better investigation and defense cost control, and it improves your loss development, which is what prices you once you are loss rated rather than class rated. That is a two to four renewal effect rather than an immediate one.

Can we handle claims in-house instead?

Some large operators do, with a dedicated risk function. It works where the volume supports the salaries and where the operator can genuinely maintain independence from the buildings. Below that scale the fixed cost is hard to justify and the person doing it ends up reporting to someone whose budget the claim hits.

Go deeper

Free coverage review

The general answer is above. Yours is in your policy.

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