Brian McGovern is a partner at Crowell & Moring’s New York office. He provides legal counsel and representation to healthcare and nonprofit clients, including continuing care retirement communities, nursing homes, home care agencies, hospices, hospitals, pediatric facilities and managed care plans.
The CCaH model has moved from the conceptual phase in several states into actual proposals and communities. There are a few potential concerns or risks — beyond actuarial or financial — that a sponsor may encounter with this model.
When a medical assessment determines that a resident needs a higher level of care, the liability risks to a senior living community increase until the resident is relocated. But what if a resident doesn’t agree that a move is necessary?
