As an Assisted Living Facility, it is crucial to stay informed about legal developments that may impact your operations and liability. A recent New York case, Craig DeRusso et al. v. The Church Aid of the Protestant Episcopal Church in the Town of Saratoga Springs, Inc., has highlighted important distinctions in the legal landscape that govern Assisted Living Facilities. Understanding the implications of this case can help you safeguard your facility from potential liabilities.
The case involved Craig DeRusso, a resident of the Home of the Good Shepherd in Saratoga County. DeRusso filed a lawsuit claiming inadequate care under Public Health Law § 2801-d, which typically pertains to residential health care facilities. The facility's defense argued for the dismissal of the claim on the grounds that the law does not apply to assisted living facilities.
In deciding the legal issue placed before the court, the court made the following key legal findings:
The court ruled that Assisted Living Facilities fall under Public Health Law article 46-B, separate from residential health care facilities defined under article 28. This distinction is critical as it delineates the regulatory framework and standards applicable to each type of facility; and
The court noted that the legislative intent demonstrates a clear separation between assisted living and residential health care facilities. The absence of assisted living facilities in § 2801-d indicates that the legislature intentionally excluded them from its provisions.
Ultimately, DeRusso's claim was dismissed, affirming that residents of assisted living facilities are not entitled to protections under § 2801-d, which is reserved for residential health care facilities. In light of this case, Assisted Living Facilities should consider the following strategies to mitigate potential liability:
1. Comprehensive Training for Staff
Ensure that all staff members are trained in the specific regulations and standards that apply to assisted living facilities. This includes understanding the differences between assisted living and residential health care regulations.
2. Robust Care Plans
Develop and implement individualized care plans for residents that are regularly reviewed and updated. This demonstrates a commitment to providing quality care tailored to each resident’s needs.
3. Documentation and Record-Keeping
Maintain thorough and accurate records of all care provided, including assessments, care plans, and any incidents that occur. Good documentation can protect your facility in the event of a dispute.
4. Regular Policy Reviews
Regularly review and update facility policies and procedures to ensure compliance with current regulations. Engage legal counsel to assist with these reviews.
5. Resident and Family Engagement
Encourage open communication with residents and their families. Establish channels for feedback and address concerns promptly to prevent escalation into legal claims.
6. Liability Insurance
Consider obtaining comprehensive liability insurance tailored to your facility’s needs. This can provide an additional layer of protection against potential claims.
Conclusion
The case of Craig DeRusso illustrates the importance of understanding the legal frameworks that govern Assisted Living Facilities. By proactively implementing strategies to protect against liability, you can enhance the quality of care in your facility while safeguarding its reputation and financial health. Stay informed, stay compliant, and prioritize the well-being of your residents to foster a safe and supportive living environment.
As always, we are here to assist you in navigating these complex legal landscapes. If you have any questions or need further guidance on managing your workforce effectively, please do not hesitate to reach out.
Our firm has extensive experience counseling individuals, businesses, and others on statutory and regulatory requirements, as well as preparing and implementing applicable policies and agreements. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.
This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2025 Law Offices of Pullano & Farrow PLLC