CCRC and life plan
Does one policy cover all our levels of care?
It should, and whether it does turns on the professional services definition rather than on the schedule of locations.
Confirm the definition spans the whole continuum rather than being drawn around one licensure category. Residents move between levels as their needs change, and the claim most likely to fall in a seam is the one arising from the transition itself: whether the decline was recognized, whether the move was timely, whether the receiving level was appropriate.
Also confirm the named insured schedule covers every operating entity on the campus. CCRC structures frequently separate the entity holding the continuing care contracts from the entity operating the skilled nursing beds, and a plaintiff will name both.
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More ccrc and life plan questions
What insurance exposure do refundable entrance fees create?
Residents holding refundable entrance fees are creditors as well as residents, which produces directors and officers claims the liability program will not answer.
Are volunteer trustees personally exposed?
Yes, on governance decisions about an obligation running decades forward. Many trustees were never told that is what serving involves.
Do our bond covenants dictate our insurance?
Frequently yes. Tax-exempt bond documents carry insurance covenants the same way a HUD loan or a REIT lease does, and the program drifts away from them annually.
How should the aggregate be structured on a single campus?
A per location endorsement does nothing on a campus, because the campus is one location. Size the aggregate against the whole campus claim frequency instead.
Do we need fiduciary liability separately from D&O?
Yes. Fiduciary covers ERISA duties for the benefit plans; D&O covers governance of the organization. Sharing a sublimit means one exhausts the other.
How do resident trust funds work at a CCRC?
The balances are larger than at a standalone facility, and the funds are held in a fiduciary capacity that a standard crime form does not necessarily reach.
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