John Durso

What should organizations that serve seniors do to protect themselves during the pandemic?

Certain segments of the population, such as the elderly, are more likely to contract the virus and die from it. First responders, like healthcare workers, are also likely to contract the virus. 

In that way, the pandemic exposes organizations serving seniors to increased liability exposure on at least two fronts. Residents and employees may sue such organizations for negligence, which is defined by case law as a breach of duty causing injury. Federal and state regulations, as well as state agencies that license or survey organizations, provide standards of care that impose a duty which the organizations serving seniors must follow. 

Plaintiff lawyers representing residents or employees who contract the virus will use these regulations to define the duty and breach of duty in individual cases or class action cases. Thus, your organization must become aware of these regulations and establish policies and procedures to comply with them. Failure to comply could lead to fines or loss of licensure as well as lawsuits by individuals. 

LeadingAge monitors federal regulatory positions and has held daily informational calls. Similarly, state associations monitor and report on state licensure and survey issues. 

The response of the organizations serving seniors will have to change as the regulatory conditions are updated and more is understood about the virus. You must take proactive steps to establish compliance with federal and state regulations, as well as new court cases, to reduce your liability. 

You should also contact your insurance company to see if it requires policies or practices to maintain your insurance coverage so it will defend you when a potential liability surfaces.