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Senior Living Liability

TL;DR

  • Memory care is frequently licensed within the same category as assisted living, which is why the insurance is so often treated as the same thing. The claim profile is not the same thing.
  • Two exposures define memory care, and both turn on policy wording rather than on limits.

Comparison

Memory care versus Assisted living

What changes when we add memory care to an assisted living operation?

Whose decision: Assisted living operators opening or converting a memory care unit.

Last updated

Side by side

FactorMemory careAssisted living
LicensureFrequently within assisted living, sometimes with a dementia endorsementAssisted living
Defining exposure oneElopement and wanderingFalls
Defining exposure twoResident on resident altercationNegligent admission and retention
Decisive wordingAssault and battery trigger language, and the professional services definition reaching supervisionProfessional services definition and abuse sublimit
Staffing scrutinyUnit-level ratios, not facility-wideFacility-wide generally accepted
Underwriter evidence soughtElopement risk assessment, egress testing, drill log, missing resident protocolAssessment and care planning process
Relative cost per bedHigherLower

The recommendation

Re-read the assault and battery endorsement before anything else

Behavioral expressions of dementia, including physical aggression, are clinically expected in this population. When one resident injures another, the claim against the community is about assessment, placement and supervision, which is professional liability in substance.

But many assault and battery endorsements apply to any claim arising out of assault or battery regardless of how it is pleaded, which pulls that claim to a sublimit that is frequently a small fraction of the main limit. For a memory care operator that is the single most important open item in the program, ahead of premium.

Then confirm the professional services definition reaches supervision and the provision of a safe environment, so an elopement claim is covered rather than argued about, and confirm no wandering or premises security exclusion has been attached at any layer.

Follow-up questions

Memory care versus Assisted living: what people ask next

Is a dementia unit just an assisted living unit with locked doors?

Not for insurance purposes. The resident population is selected for conditions that produce wandering and sometimes aggression, which means the community has knowingly accepted a foreseeable risk it is staffed and secured to manage. That is a different underwriting proposition.

What do underwriters want to see specifically?

Unit-level staffing ratios rather than facility-wide, documented elopement risk assessment on admission and change of condition, secured egress testing records, a drill log, de-escalation training records, and a written missing resident protocol with evidence it has been practiced.

Go deeper

Free coverage review

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

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