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NaCCRA Forum: General

Liability & Risk in Type A CCRCs
Bert

In our Type A California CCRC, our CEO has determined that there is now so much risk in streaming our live exercise classes on Zoom that the CEO has eliminated this streaming process even though all attendees have signed liability waivers. This extends to deleting all exercise videos from our resident web site.


What's happening at your facility? Is your facility implementing a more restrictive activity environment with the justification of risk and liability?


The exercise Zoom theory seems to be that a staff member leading an in-person class can directly control the class attendees and react to an injury like falling. When residents Zoom in our apartment or use staff-created videos, there would be no staff help in case of injury even though staff is "instructing" on the video. We do have pendants, pull cords and telephone for immediate help in any case. The assumption appears to be that a CCRC can not limit injury liability with a signed liability release: family or others can (and would) sue in spite of the release. One other wrinkle: we have outsourced our complete fitness program to a third-party.


Our CEO maintains that regulators have deleted waivers for CCRCs that used to be applicable in COVID times. I have checked with California regulators who said there were never exercise video streaming regulations. Further the CEO indicates our corporate lawyers have said not to take on the "additional risk" of staff streaming or exercise videos. I maintain it would be better the have a lawyer that helps us find ways to continue the health and wellness of as much exercise for the elderly as possible.


When we point out that other organizations (possibly like yours) allow and promote video exercise, the CEO says these organizations just haven't learned the new liability environment yet.


What's the status of exercise videos and Zoom streaming at your facility? We have further noticed other activities, like our woodworking shop, are being regulated much more severely by management even though we've never had an injury.


Is your facility implementing a more restrictive environment with the justification of risk and liability?


Bert Laurence

Ken Peabody

I live in NJ, and we certainly have exercise videos that can be done in our apartments. I've never heard of that restriction. It seems a little over the top. If you haven't done so already, check local and state regulations as to the veracity of your CEO's claim./

Leslie Durr

This sounds spurious to me although I'm not an attorney. Maybe an issue with the CEO? Wouldn't be the first time.

JERRY EICHHOLZ

At Friendship Village Chesterfield, Missouri we have an inhouse TV channel where various exercise programs led by staff are available to be viewed in apartments or villas. We have a Fitness Classroom where residents can attend in person classes or view and participate in the class activities from their "home."


Jerry R. Eichholz

SocialWorkerMO

Let me recommend a book with a chapter on how overemphasis on safety becomes a barrier to active living. The book is available online and residents of retirement communities are referencing it so they can better interact with management effectively.

Disrupting the Status Quo of Senior Living: A Mindshift by Jill Vitale-Aussem

Chapter 8 ("It's My Life: Paternalism and Surplus Safety")


Your comments are insightful and much appreciated. Given the amount of investment each resident contributes to their community initially and in an ongoing manner, it is reasonable to expect respectful, collaborative engagement with management on issues that impair quality of life.

Good luck, and keep us informed.




Leslie Durr

Westminster Canterbury of the Blue Ridge in Charlottesville, VA. has been reading that book and calling for a change in paradigm from paternalism to recognizing the stakeholder status of residents. Many residents have had impressive, responsible careers and want to be part of decision making in their lives.

The CEO, who had been here for 11 years, just "retired" and the residents made sure that the search committee was aware of the book and looking for a new CEO who espoused the new paradigm. He's still in the honeymoon phase...

Enver Masud

I agree. At Ashby Ponds management believes that checking and potentially entering our apartments in Independent Living is being done for our safety — even though this appears to violate the Code of Virginia § 55.1-1210.

The fact is one could have a heart attack minutes after they check on us, and we wouldn't be discovered until the next check — 24 hours later.


Ann MacKay

I endorse Maura Conrys book recommendation. Jill's book is a must read for both Executive Directors and residents. Here are some passages I collected when reading the book and using Readwise on the Kindle.


We must remove paternalism from the equation and support all residents in making their own well-informed decisions—whether we agree with them or not.


We shifted from the traditional framework of segregation, paternalistic rules, and institutional mindsets to an inclusive culture of possibilities and purpose, where people continued to grow and flourish, instead of just existing.


I learned about the role that ageism plays in our communities and how our current focus on hospitality undermines many of the things that are important to well-being.


...learned about the importance of purpose, growth, and inclusion, new approaches to driving organizational change, and the way that building design can promote a healthier community.


Fear of future disease or decline, indeed, seems to be a driving force behind the exclusion of elders living with frailty.


Highly competent, highly experienced human beings move into a senior living setting and become helpless consumers.


I realized that my current approach was undermining the power and capabilities of the people who lived in my community. I was creating helplessness.


...when every suggestion brought up by residents was met with a response from the executive director that he’d run the idea by the corporate office


This type of culture is often driven by a desire for corporate branding and standardization. Proponents of this approach point to hotel, restaurant, and retail chains.


...for a sense of community to develop, people need to have influence on their community and see themselves as citizens instead of consumers of services.


...when we operate from a place of control, we stomp the life and personality out of communities and squash the spirit of those who live and work in them.


Ann MacKay







Claire Hassid

We have exercise videos on our closed circuit channel at Peconic Landing, Greenport, NY. It's great to have this as an option and support to the in-person sessions. One would think this would be a much needed service at any CCRC. We are glad to have it.


Peconic Landing is dedicated to helping members stay physically fit, especially as it relates to balance. Being able to follow a video at home is part of this well thought-out effort. We also have security devices we can wear around our necks, and moreover, have an Alexa unit we can call out to by simply saying "Echo, security" and someone will come to our home.


This is what I know about lawyers. "If there is fault to be found they will find it." That's a good thing. However, it is up to a CEO to weigh the risks/rewards in situations such as this.

Charles Nadler

In Wind Crest, an Erickson Community, we have Exercise Classes that are sent over our TV Channel.


I happen to be a licensed lawyer still in practice and it seems the lawyers your CEO is listening to are over the top.


Most lawyers are trying to protect themselves and so over protect their clients. CEOs tend to protect themselves. Some lawyers are real problem solvers. Some CEOs are real problem solvers.


They explain the risks to their client with likelihoods. How frequent have there been injuries during exercise classes?


I have never heard of an in home injury from over TV exercise classes at Wind Crest in my 5 years here.

Susan Farkas

I am very surprised by the decision made about ZOOM based exercising in one's residence. There is a lot of publicity about the need for exercise in CCRCs, for the benefit of the residents and the CCRC's too. Helping people to stay healthier is very important for all.


The way it goes, this CCRC (or potentially other CCCRs too) will be screening and limiting what residents watch and do in their apartments for fear of some kind of litigation ....

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