Though the long-term care industry has faced financial challenges for years, the COVID-19 pandemic has created a state of crisis. Providing personal protective equipment, testing and staff support has severely strained facilities’ budgets, putting pressure on risk management to do more with less. In 2020, nursing homes spent roughly $30 billion on PPE and additional staffing alone. An analysis conducted by the American Health Care Association and National Center for Assisted Living (AHCA/NCAL) estimates that the long-term care industry is expected to lose $94 billion during the two-year period (2020-2021). Declining occupancy due to fewer new residents is further fueling the dilemma. The AHCA/NCAL estimates occupancy rates have declined to 67% since the beginning of the pandemic. This session addresses the overall impact COVID-19 has had, and continues to have, on the operations of long-term care facilities. This includes:

• Reopening issues for facilities
• How reductions in revenues and increased regulatory compliance costs are negatively affecting risk management budgets
• Reputational risks affecting the future of the LTC industry
• New OSHA regulations, increased infection control protocols and the vaccination controversy
• Winding down and transitioning COVID-only facilities

Among the leading causes of professional liability claims against long-term care facilities are resident falls, pressure ulcers, and other types of improper care. This session will address the use of Clinical Risk Management to prevent negligence claims filed against long-term care facilities.

12:00 PM – 12:45 PM EST

Nursing homes and assisted living facilities are often sued by family members of residents who have experienced falls, pressure wounds, unexplained injuries or death at nursing homes and turn to litigation as a recourse. But long-term care facilities can adopt strategies to avoid ending up in the courtroom. This session will address the importance of setting and managing family expectations, potential use of negotiated risk agreements and waivers prior to an incident, early resolution to prevent incidents from turning into lawsuits, and ways to resolve suits outside of the traditional courtroom setting. This includes investigations, enhanced communication with residents’ families, and alternative dispute resolution (ADR).The session will also cover the types and amounts of damages sought and awarded; and how to use contractual risk transfer and indemnification agreements to mitigate professional liability risks.

01:30 PM – 01:45 PM EST

In 2014, the Federal Bureau of Investigation identified the first of many attacks on long-term care facilities like nursing homes. Cyber threats in nursing homes have only become more common since then due to weak cybersecurity and the potentially lucrative information on facility servers providing an incentive for hackers. Cyberattacks result in millions of dollars spent on forensic investigations, insurance claims, data recovery, and lawsuits, further draining financial assets away from struggling long-term care facilities. This session will address the types of cyberattacks targeting LTC facilities including the recent shift from probing for PHI to ransomware and phishing, denial of service attacks, etc.; breach reporting requirements; HIPAA compliance; and the market for cyber coverage.

Employment practices liability has become one of the leading exposures for nursing homes, assisted living facilities, and other long term care providers. Because the LTC industry experiences a high turnover and employs many low-paid workers, it is a often a target for EPL claims. This session will address the common types of EPL claims that facilities face including racial discrimination and sexual harassment, as well as new claims theories being put forth in connection with the COVID-19 pandemic that facilities did not adequately protect employees by providing personal protective equipment. It also will provide best practices for preventing such claims including the use of exit interviews, signed releases, and employee/management awareness training.

09:45 AM – 10:00 AM EST

From slips and falls to musculoskeletal injuries caused by lifting and moving patients, the rate of occupational injuries and lost time among nursing home employees is seven times greater than the average rate across all other industries, according to data from the Bureau of Labor Statistics. This session will address the implementation of workplace safety protocols in skilled nursing facilities, OSHA regulations, infectious disease protocols stemming from COVID, state presumption statutes, as well as other less-common occupational injuries like assaults by combative residents.\

10:45 AM – 11:00 AM EST

Long-term care facilities purchase myriad types of commercial insurance coverage including property, general liability, professional liability, workers’ compensation, and employment practices liability, among others. With the current hardening of the insurance market, facilities are seeing premiums for most lines of coverage skyrocket while capacity is retracting. This session will provide an update of market conditions for all lines of insurance coverage typically purchased by LTC facilities.

11:45 AM – 12:00 PM EST

This closing keynote will prognosticate how the COVID-19 Pandemic will impact the Future of the Long-Term Care Industry.

12:25 PM – 12:30 PM EST