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Senior Living Liability

TL;DR

  • Both carry combined general and professional liability, an excess tower, property, workers compensation, employment practices, auto, crime and cyber. Listing the coverages does not distinguish them.
  • What distinguishes them is which terms decide the outcome, and that follows from the different claim profiles and the different regulatory frameworks.

Comparison

Skilled nursing versus Assisted living

How does an assisted living program differ from a skilled nursing one?

Whose decision: Operators moving between settings, adding a level of care, or comparing programs across a mixed portfolio.

Last updated

Side by side

FactorSkilled nursingAssisted living
Regulatory frameworkFederal requirements plus state licensure; survey and certificationState licensure only; fifty different regimes
Claim severityHigherLower, but rising with acuity
Dominant claim typesPressure injuries, falls, medication errors, abuseFalls, medication errors, negligent admission and retention, elopement
Decisive policy termDefense treatment and retention erosion, because defense cost is highProfessional services definition and abuse sublimit
Regulatory defense needHigh; survey and civil money penalty exposureLower, but licensure action exposure is real
Multi-state complicationRelatively uniform federal overlayMedication delegation rules differ substantially by state
Typical per bed costHigherLower

The recommendation

Do not extend one program across both without re-reading the wording

The common failure is growth. An assisted living operator adds skilled nursing, or the reverse, and the new category is added to the schedule of locations at renewal. Premium adjusts. Nobody revisits the terms.

Coming into skilled nursing, the terms that suddenly matter are defense treatment, retention erosion and regulatory defense, because the claims are more expensive to defend and the survey exposure is real. Coming into assisted living, what matters is the professional services definition and whether medication delegation practice matches each state.

Treat any addition of a level of care as a re-underwriting event rather than a schedule change, and get the acuity and staffing for the new category into the submission specifically rather than blended.

Follow-up questions

Skilled nursing versus Assisted living: what people ask next

Can one policy cover both?

Yes, and it should, provided the professional services definition spans both and the aggregate is sized against the combined frequency. What it should not be is a policy written for one with the other added to the location schedule.

Which is more expensive to insure per bed?

Skilled nursing, by a wide margin, because both frequency and severity track acuity. The spread between them varies enormously by state.

Go deeper

Free coverage review

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