Each time you welcome a new resident into your facility, you do so under a shared understanding. In an ideal scenario, you’ll provide the services and level of care that residents expect. In return, they’ll abide by the rules of your Residential Care Facility for the Elderly (RCFE).
The problem? If you leave things implicit, your resident might expect a service you don’t provide. Or they might step out of line but then argue they didn’t know they were doing so. This creates an at least minor inconvenience for your team. Or it can snowball until you find yourself in court, potentially being held liable.
Your resident contracts give you a way to avoid this sticky scenario. These agreements play a key role in helping RCFEs avoid liability claims, and defend against them if they do arise.
Putting your resident contracts to work for you
Let’s look at a few specific ways your resident agreements can cover your liability.
Disclosure of inherent risks
Smart RCFE owners include language in their contracts about known risks that the resident assumes by moving in. You can help cover yourself by including contract language that lays out some inevitabilities and likely scenarios for that resident (e.g., falls, cognitive decline, side effects from medications their doctors prescribe).
By writing these out and having the resident sign that they’re known and that they understand these risks are inherent no matter where they live, you can release your facility from liability here.
Contracted services (and what’s not included)
Your resident contract should explicitly state what services you provide. It should also spell out anything you don’t offer that residents or their families might expect.
Your contract might state that you offer:
- Medication management
- Assistance with the activities of daily living
- 3 meals a day
- Transportation to and from any medical appointments
- Laundry
- Housekeeping
Evictions
If a resident becomes difficult because they won’t abide by your rules, it increases the risk for your facility. Unruly residents are more likely to have accidents and cause problems for others.
That’s why your resident contract needs to include information about your eviction parameters and processes. Make sure they’re compliant with Title 22.
Get help reviewing your resident contracts
The California Department of Health and Human Services has a Guide to Admission Agreements for RCFEs that can provide a loose template to follow for their resident contracts. Generally, though, RCFEs want contract language that’s more robust than what’s laid out there.
To talk with a liability expert about what should and shouldn’t be included in your contracts, contact our team. We have extensive experience providing RCFE liability insurance and helping owners navigate claims. We can apply our knowledge to review your current contracts and identify potential holes. Contact our team at InsureMyRCFE at (805) 413-5668 today.
