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Senior Living Liability

Question

Do I have to disclose survey deficiencies to underwriters?

Short answer

Assume yes, and volunteer it: survey results and star ratings for certified facilities are public information that any underwriter can and does look up, so the only thing you control is whether they see the deficiency alongside your explanation or on their own.

Why this is not really a disclosure question

Survey findings for facilities certified under Medicare and Medicaid are published. So are quality measures and star ratings. An underwriter evaluating a senior care account will pull that history as a matter of routine, and so will a plaintiff firm.

That makes the framing of the question wrong. You are not deciding whether the underwriter learns about a deficiency. You are deciding whether they learn about it from you, with context, or from a database, without any.

What an underwriter is actually reading for

Not the existence of a deficiency. Nearly every facility has survey findings, and an account with none looks less like a perfect operator than like an incomplete submission.

They are reading for pattern and response. A repeat finding in the same area across cycles says the correction did not hold. A serious finding followed by a documented plan of correction, a staffing change and a clean re-survey says the opposite. The second story is a much better risk than the first even if the headline severity was higher.

How to present it

For each significant finding: what was cited, what the facility determined the cause to be, what changed operationally, and what evidence exists that the change held. Dates matter, because they let an underwriter see the interval between finding and correction.

Keep it factual and short. This is not an argument that the finding was unfair; underwriters have read that letter many times and it does not help. It is a demonstration that the organization notices problems and fixes them, which is the only thing that predicts future loss.

The connection to price

In this class underwriters are pricing management quality as much as exposure, because the exposure is broadly similar across facilities of similar acuity while the management varies enormously. Survey history is one of the few objective, verifiable windows into management they have.

That is why the submission work is worth doing properly. An operator who arrives with a loss run, a schedule of values and nothing else is asking to be priced on the class rate. An operator who arrives with the survey narrative, staffing and turnover data and quality measures is asking to be priced on themselves.

The one place to be careful

Nothing in your submission should overstate a correction that did not happen. A statement to an underwriter that a practice was changed, made when it was not, is a materially different problem from a survey deficiency, and it can reach the validity of the policy.

Where a correction is in progress rather than complete, say that. In progress with a date is credible. Complete when it is not is the one version that can hurt you later.

Primary sources

Sources and references

This answer draws on the following regulatory, statutory, and standards-body sources. Coverage availability and program structure also depend on market appetite and underwriter discretion not captured by these sources.

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