Risk Management

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Proactively managing potential risk is critical for all providers, including assisted living. NCAL has created resources geared towards assisted living administrators and nurses to support the development of a variety of policies and procedures needed for this setting.

The information is not intended as legal advice. Providers should seek knowledgeable counsel for advice that is tailored to the actual facts and circumstances and takes into account all relevant laws and regulations.​

Pr​ivate Caregivers 

​Private caregivers (PCGs) - also called private duty personnel or private sitters - hired by assisted living resident’s family can be important partners providing companionship and for the resident’s plan of care. However, PCGs are not community employees, nor can or should they be supervised by the community management; consequently, communities must consider management and liability issues.

NCAL’s Risk Management Work Group prepared a resource to offer key considerations for assisted living communities when residents and their families hire PCGs to provide supplemental services and support. The following also includes links to sample documents, including a sample Private Caregiver Agreement, and several state requirements for PCGs.

 Private Caregiver Resources

Major Resources
Selected States with Requirements Related to PCGs (not comprehensive)

Resident Sexual Consent 

Sexual consent for assisted living residents requires ensuring resident rights regarding confidentiality, the right to make independent choices, and the right to private unrestricted communications with others, which must be balanced with concerns about resident capacity to give consent. Different issues arise in various contexts, including two residents with capacity to give consent, one resident with capacity and one without capacity (or where capacity changes), between married and unmarried couples, and between staff and a resident.

NCAL’s Risk Management Work Group created a checklist for assisted living communities to be prepared in managing issues that may arise regarding resident sexual consent.​