When you run a Residential Care Facility for the Elderly (RCFE), preventing lawsuits is a pressing concern. You’re probably doing what you can to make sure your staff is aware of the care the state requires. You might have invested in risk mitigation tools like anti-slip mats. Any way you can find to lower your risk of legal action helps you protect your business long-term.
Sometimes, though, RCFE owners find themselves in court not for their own actions, but because of the actions of others. You could potentially be sued for a resident’s financial abuse by a family member, for example.
To help RCFE owners and managers navigate around this unwelcome scenario, let’s take a closer look.
The risk factor: Mandated reporting in California
Per California state law, every staff member at every RCFE is a mandated reporter. That means that if one of your team members sees something that could constitute elder abuse, they have a legal obligation to report it.
This is where you can get into hot water. If your team turns a blind eye to the signs of financial abuse, you can be pulled into the situation.
Your RCFE might then face legal action on grounds of:
- Negligence
- Failure to protect
- Breach of contract
In short, there are a number of ways that courts have found RCFEs complicit in the financial abuse of their residents. Fortunately, you can do the right thing and lower your risk at the same time. That means training your team on proper reporting protocols.
Training your team to identify and report abuse
Because every staff member is a mandated reporter, every staff member needs to be trained to watch for the signs of abuse — including financial abuse. That means watching for things like:
- Unpaid bills when the resident had sufficient resources before
- Financial paperwork disappearing
- Checks missing from a resident’s checkbook
- Residents not having the clothing or other personal items they need
The California Department of Justice has training materials, including sample tests, you can use to educate your team.
Also, make sure you establish clear reporting procedures. Generally, it’s most effective to create a chain of command here. Staff should report to their supervisors, who can run it up the ladder.
When it reaches you or one of your facility managers, someone needs to make an official report. You can file that report with local law enforcement or your area’s long-term care ombudsman (neutral official).
You can find contact information for your ombudsmen using this webpage from the California Department of Aging. Click your county on the map or find and click it in the alphabetized list below. The resulting page should have ombudsman contact information.
Ideally, thorough staff training allows your RCFE to notify the appropriate authorities when you see potential signs of abuse. This protects you from being held liable for something happening under your nose.
If you do find yourself facing legal action, the right liability coverage can offer the defense you need. To talk with a team of experts about the policies that best align with your RCFE’s needs, contact our team at InsureMyRCFE at (805) 413-5668 today.
