Fetterolf, Michael
(2017)
Survey of legal pressure in assisted living.
Master Essay, University of Pittsburgh.
Abstract
One of the most important Public Health issues in the United States regards how society manages its rapidly aging population. Assisted Living Facilities (ALF) have emerged as a popular alternative to conventional nursing homes by emphasizing a resident’s choice in their care, dignity, autonomy, and privacy. Environmental pressures such as age demographics, policy issues, economics, and disjoint regulation – stemming from the federal government’s apprehension to regulate the industry – have resulted in wide variation in standards of care from state to state. In response to these pressures and variation, ALFs have begun to accept more individuals with complex care needs such as severe dementia (Zimmerman, Sloane Reed, 2014). Lawsuits, claims, and settlements have targeted these variations in standards of care and may reshape the principles upon which Assisted Living was founded. Typically, nursing homes are medically focused and regard resident safety as the most important value. Legal pressure, however, may force Assisted Living facilities to function in a similar regulatory environment as nursing homes. This thesis measures opinion-based survey responses from Assisted Living administrators concerning the prevalence of legal pressure in the Assisted Living industry. Surveys were sent out to facilities in the eastern, middle, and western US (ranging from north to south in each region) and accounting for 10 total states. Responses were gathered by mail or electronic means. Analysis of responses showed that most administrators have noticed an increase in lawsuits, claims, and settlements over the past five years. Furthermore, most administrators associated this increase with an effect on values such as dignity, privacy, choice and safety.
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