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Alliance November Legal Update and News Report

  • By:
  • Carl Swan
  • |
  • Nov. 3rd, 2014

Thank you for the opportunity to provide you with this November edition of the Alliance Legal Update and News Report focused on issues and solutions affecting our Senior Living Industry.

This month we have included a white paper from our team on the topic on many peoples minds - Ebola. General Counsel David Thurber shares a few thought provoking tips on disease protocol that communities should have in place and be reviewing regularly. Also included is a 2014 Update on SIX key areas that every HR executive should be thinking about. If you have any questions about these issues, please reach out to me or contact David directly.

In the News Section I have included a key claims report produced by CNA entitled CNA Aging Services Claims Report examining closed claim amounts associated with commercial and cyber risk exposures. This analysis provides a direct comparison of claim characteristics, including trends infrequency and severity. Also included is additional information on Ebola with a link to additional resources, as well as an article from HHS with information for healthcare providers interested in risk assessment for HIPAA compliance.

The fall conference season is just about behind us. It has been an encouraging time as we have traveled the country learning from all of you. Our time in Nevada, Washington, Oregon, Utah and now Texas was full of meaningful conversations and insightful observations. I will be in Palm Springs at the CAHF event next week. If you will be attending and have an interest in connecting, please let me know ASAP.

As we head into the Holiday season I am reminded about all that we have to be thankful for. I hope that you, your team and the residents you serve have a wonderful start to the season.

Alliance Risk Reports

EBOLA - Just another Communicable Disease?
Alliance Insurance Group
J. David Thurber The conversation around a communities standard of care, is materially relevant to your defenses when and if something like a communicable disease event strikes. Communities do not want to be caught without answers to questions about their preventative or responsive protocols for any communicable disease outbreak. And because Alliance provides “communicable disease” coverage to so many senior care companies,coverage issues for such a time as this may also become relevant, at least relevant enough to begin thinking about the issues.

EMPLOYMENT UPDATES 2014 - News you can use...and should read
Alliance Insurance Group
J. David Thurber As he has done in the past, Alliance General Counsel, David Thurber, provides a year end look into a number of employee and employment related issues that EVERY employer and HR Executive should have on their radar. Read on for updates on SIX key areas that every HR executive should be thinking about.


CNA Aging Services Claims Report
This 2014 report by CNA provides a side-by-side comparative analyses of CNA insureds’ professional liability closed claims from January 1, 2007 through December 31, 2011, with the corresponding closed claims from January 1, 2012 through December 31, 2013. This analysis permits a direct comparison of claim characteristics, including trends infrequency and severity. The report also reviews claims with settlement or judgment awards equal to or greater than $1 million. In addition to analyzing professional risk exposures, this report examines closed claims associated with commercial and cyber risk exposures. The report demonstrates that resident safety remains an abiding challenge for aging services organizations.

Ebola Guidelines and Information Resources
GuideOne Insurance
While long-term and post-acute care providers are not among those considered front-line healthcare providers dealing with emerging cases of Ebola, it is important for providers to seek information and resources that are available, in the event of an exposure or epidemic.
HHS releases security risk assessment tool to help providers with HIPAA compliance
U.S. Department of Health & Human Services
A new security risk assessment (SRA) tool to help guide health care providers in small to medium sized offices conduct risk assessments of their organizations is now available from HHS.
Falls are top reason for lawsuits against skilled nursing facilities, report states
Tim Mullaney This comes as no surprise to our Risk Management team or our clients, but resident falls continue to present the greatest risk of lawsuits to skilled nursing facilities and other long-term care providers, according to a recently released report from a top PL/GL carrier.
HUD’s Senior Living Refi Boom is Over
SH News
Cassandra Dowell After a blockbuster year for The Department of Housing and Urban Development’s (HUD) lean mortgage insurance program in senior housing, volume fell more than 25% in fiscal year 2014, marking the end of a boom for government financing in the sector.

Commercial Property & Casualty

Property Safety: Preparing for Winter
GuideOne Insurance
As the fall weather is becoming more prominent and we begin to experience colder temperatures, it is time to perform annual maintenance and prepare for winter. Being proactive now could save your organization from potential losses, and also protect your building from damage during the harsh winter.

3 Ways to Use Tech When Developing a Disaster Plan
Property Casualty 360
Disaster planning has never been a fun topic to discuss. Many organizations think they are prepared, but don’t go beyond the traditional catastrophic/emergency preparedness strategies for when a disaster strikes. Insurers need to have a clear approach about how their business will continue both during and after a major disaster.
What Smart CEOs Know About Risk
The Rough Notes Company, Inc.
It has been said, “It’s not what you know, it’s who you know that counts.” The clear connotation is that “connections” are what get us ahead in life, more than anything else. Some people rely so heavily on connections that nothing else really matters to them.

Employee Benefits

EBRI’s 2014 Health and Voluntary Workplace Benefits Survey: Workers’ Ratings of Health Care System Continue to Fall
Employee Benefit Research Institute
Although American workers rank their own health care highly, their opinion of the overall U.S. health care system is low and continues to fall, according to a new report by the nonpartisan Employee Benefit Research Institute (EBRI).

U.S. Workplaces Need an Ebola Strategy
Life Health Pro
Just how concerned should U.S. employers be about protecting their employees from the Ebola virus? That depends largely upon the industry you’re in – at least for now.


8 Ways Employers Can Make a Difference with Mental Health
Life Health Pro
Mental Illness Awareness Week (Oct. 5-11) highlights the fact that one in five Americans takes at least one psychiatric medication, such as an anti-depressant or anti-anxiety drug. It’s obvious that something about our modern lifestyle needs to change. And I have a clear — and perhaps surprising — idea of where that change should start: the workplace.

Work Friends Increase Engagement
Benefits Pro
Employers who find a way to help employees each have six to 25 friends at work will have a distinct competitive edge in their marketplace. Their employees will be far more likely to love their job and will work harder if the boss recognizes their work anniversary by inviting those friends to participate in it.

Your HR Toolbox

HR Benefits Education Efforts Fall Short
Benefits Pro
More than two-thirds of employers only talk to their employees about the benefits available to them during the enrollment period. And that just doesn’t get the job done.

Getting the Most Out of HR
The Rough Notes Company, Inc.
Fact is, nothing is more unpredictable than people—which is why having a strategy to manage them is so important. For many years, the ThinkHR team has had the wonderful experience of helping thousands of business owners implement and protect the opportunity that exists in strategic HR practices, the same owners every one of you would love to get in front of and do business with.