How to Handle Liability When Starting an Assisted Living Business

Transcript

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looking at getting into assisted living, but uh one of the things that's holding you back is the the idea of, man, there's a lot of liability here and I don't know if this is something that's actually going to work for me or not, and you're just a little bit scared about that. Well, in today's video, that's exactly what we're going to be talking about. We're going to be going through that process a little bit, helping you navigate it, understand um what the liability concerns are um that

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they are valid for sure, and uh what you can do to kind of na navigate those, how to mitigate those, and set yourself up for success uh going forward. So, if that's something that you are interested in, make sure you stick around for today's video. We're going to help you out a ton with that um here in today's video. Um for the um I my name is Brandon Gustafson by the way. I help first-time assisted living entrepreneurs launch profitable purpose driven businesses creating prosperity, purpose,

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and peace in their lives. Super excited to have you here with me. Um if you are interested in working directly with me, if you're confused, you don't know how to start, type in roadmap down below. We'll get you a link uh that is kind of specific to to helping you and guiding you through the process of how to get started. Would love to help you out with that. Just type in roadmap. I'll make sure I get you the link and I'll talk a little bit more about that program and that opportunity here at the end of the

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video as well. So, with that um out of the way, let's hop into our our topic for for today. Um I just want to get into liability. This is a comment that I see actually quite often on Facebook and YouTube comments. Um people that are just like, you know, I'm I want to do this. I'm really uh interested in getting into assisted living, but I just I'm a little concerned about all the liability that's there. I don't want to put myself in a bad situation, expose myself to, you know, getting uh having

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somebody come in and sue me uh for something. Um I I just I you know, that that's something that is I I don't really want to do. And and so I want to help resolve that for you today. And I also want to have a frank conversation with you. Liability is a real concern. um you are likely going to have some issue with staffing. So, let me tell you a little bit of a story um of what happened in one of our facilities a few years ago. We had uh we had some empty beds and so we brought in a resident

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from another facility at one point and uh we were super excited. You know, you always want new residents. You make it a really good experience and everything. Uh but this resident happened to bring bed bugs with them. Um, and that's just not something that you uh, as much as we try to vet everything. Um, it's it's kind of lower on the lower end to like inspect all of their stuff to see if there's bed bugs in there. And, uh, so they brought bed bugs into the facility. Luckily, it stayed kind of focused on

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the one room. Um, and we were able to to get rid of those bed bugs, but one of our staff members who was caring for the resident at the time um, ended up getting those bed bugs on her, took them home and ended up getting bites and had to kind of resolve that um, from her standpoint. Um, and luckily we have workers comp insurance. And so we didn't have to pay for anything other than just like our workers comp um, premiums and and the coordination, but because we had that that insurance in place, it helped

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us resolve that. We've had that happen with a cleaning person who's walking around and uh like cut their hand or they got hurt on on their cart uh with the cleaning supplies and they ended up having to go to like a Instaare urgent care type of a place to receive uh some care and ended up having to uh take a few days off of work because of the injury that they sustained and were able to cover that with workers comp. So, this is one of the reasons like you you put these things in place, you're going

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to be able to mitigate a lot of your liability by having proper insurance. Another example, we've had a resident um who has claimed to fall in one of our facilities a few years ago and um we were because we had the correct insurance in place, the liability and the property insurance, we were able to go through a process that was going to take us through court and I can't get into a lot of the the proceedings there uh for legal reasons, but we were able to work through that process. We we had

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attorneys that were involved um all through the insurance company and we're able to come to a resolution with that resident and get everything covered and uh put ourselves in a better situation. And a lot of that came from having insurance. So, I'm going to talk a lot about insurance here as we get into the video because it's so important for you to have that insurance. This is one of the biggest ways for you to kind of mitigate some of that liability and risk that you have in front of you. So, if

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you're like, I don't I don't really want to get into assisted living because I could be opening up myself to all kinds of lawsuits. I'm I'm working with residents and families and staff and there's just a lot of people involved. I don't know what could happen. Um, the reality is yes, you could have those types of instances happen. But, having been in this industry, having owned facilities since 2020, I'm also here to tell you that there are ways to mitigate this. And that's what I want to kind of

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work through with you so I can take those those doubts and remove them or at least help you feel comfortable that there are ways to get around them so that you can still be successful in running this type of business and still have that um you know that time and financial freedom that you're looking for, building a legacy, having an impact in the communities that you want to be working in. And for those of you who are my healthcare workers, like you you're familiar with this, right? you you work

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in in this space and uh where you work, you're either if you have your own business or you're you're working at a hospital or a care facility or whatever, they have those insurance um components in place so that um if if something were to go bad that that you're able to cover that. And if you have uh depending on the type of work, you may have uh your own personal insurance that you're going to carry just to to give yourself some extra liability coverage, right? So, it's the same thing um that that it's I

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mean it's the same idea, but you're just doing that with with your own business. So, these are things that they feel scary. They're not that bad. I promise you. Uh you're going to be able to navigate this. Um and and it's it's actually uh not nearly as scary as as you might think it is. So, I want to get into um understanding uh some of these liability risks. Um some things that you will want to be aware of, and this this is not comprehensive by any means. It's it's

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quite a short list, but these are the things that you could potentially be seeing um and and need liability coverage for. Um resident falls definitely a thing, especially if you're working with an elderly population. They often times are going to lose balance. Um and that that is something that you need to be aware of. So, you may need to make sure that you have grabbs grab bars and and other things inside of the facility that are going to help mitigate that. Having those types of things are

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actually going to help your insurance premiums and uh gives your residents and their families more confidence that you are there to protect them um in in that vulnerable state. Um next is med errors. This is a big one. um meta errors can can be very um and this is like um uh you're you're not tracking the medication correctly and that can open you up to liability uh in the event that uh a staff member or somebody else has been taking medication um that they shouldn't be taking uh and those types

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of things. This is why we have very solid processes and procedures for our business that state how med pass is going to happen, how it's going to be tracked. We track, we we evaluate those on a very regular basis to make sure everything is tracked correctly uh because we want to make sure that everything is is good. And so you're able to put these little processes in place and and help mitigate some of those errors, right? Which is which is what you want to be doing. Staff negligence. This is a big one. You need

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to make sure that you are training your staff so that it reduces the amount of staff negligence that that could potentially happen. But um from time to time and those of you who have worked in these facilities know that not always our staff um you know aware of what's going on and maybe they're they're these positions are very high turnover and so you're oftentimes going to get staff members who are just not as um uh diligent in their work as as they probably should be. And so that's a risk

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that you need to be aware of and make sure you have good staff training and make sure you have good policies and procedures in place for what to happen what happens if a staff member is being negligent with their job. And oftentimes that is uh relieving them of their duties and and moving on to other staff members and and and hiring new staff. Uh family lawsuits, this can happen as well uh for a variety of reasons. So you just want to be aware of that. This is where having good liability insurance is is

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key. And then staff injury and illness. This can happen and if a staff member is injured and they continue to work then that could perpetuate the the injury or if they are ill and they come to work and they get other staff members or the residents sick that's also not good and we don't want to to be doing that obviously but if it gets to a bad spot and this is a big thing during COVID um you wouldn't want somebody to come in with with COVID infect the entire population especially a more vulnerable

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population if you're serving an elderly population and that could create um some issues. So, these are the some of the the types of things that you need to be aware of that, hey, these are potential risks, and I'm sure there's others. If you think of others, just type them in the comments down below. Uh so that other people can be like, "Oh, yeah, that's that's a good idea. I want to make sure I have coverage for it." I'm not telling you these things to scare you. What I'm telling you these things

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for is so that you are aware of them and when you're talking with your insurance broker, when you're talking with other people that you can say, "Hey, um, I just need to make sure that, you know, we're we're in a good spot here. We make sure we have coverage for for each of these things just in the event that something does happen." And you want to make sure you have those policies and procedures for each of those things as well. It's going to give you peace of mind and help you move forward with

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confidence that you know you've got coverage and everything is is going to be in a good spot uh for you there. All right. Now, let's talk about uh something that is is I think really important. This is part of um when I when I teach you how to get started, I teach you um the first thing that you need to do is build your foundation, right? So, you've got to build a strong foundation uh as you're trying to start your assisted living business. And there's there's several components to that and I talk about

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them. And if if you need help with one of these things, um I'm going to give you some some keywords that you can type in the comments down below and we'll make sure we get you some some uh re links and resources. Um you need a business plan. So, just type in BP down below if you need help with your business plan. I've got a checklist that I can get over to you. But, you need a business plan that's going to be like, "Hey, the this is how my business is going to run." You're actually going to

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have a section in there that's all about liability. So, that's a good thing. Um, but you're going to need a business plan. You're going to need need to do your underwriting. So, if you need help with that, just type in calculator down below. We'll send you a link for our underwriting calculator as well as so you can get access to that. But that's going to help you move forward with confidence that, hey, this is actually going to be profitable. Um, so that's something you need. You should be doing

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your market research. I teach something in my book, The Profitable Assisted Living Facility. It looks like this. Uh you can get on Amazon or if you go to the alibook.com um or just type in book down below we'll send you a link for that. Uh but I have you know the hard copy have audio version of it. You can get it on on Kindle as well. There's a companion workbook. Um so those things are going to help you out as you're trying to get started. But um I in that book I talk about my 5% rule for market research. So

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make sure you go check out the book on that. If you're interested in learning more about it just type in five down below. we'll do a video that's specific to the 5% rule that's going to help you move forward and be like, "Yes, I know there's enough people here in my area that I can serve this population and we can be successful." Um, and then the fourth thing you need to do when you're building your foundation is creating an entity. And when you're creating an

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entity for your business, um, work with an attorney first off. You could do this on Legal Zoom. You could do this by yourself. But I highly recommend in a in a world that is um so latigious as as what we live in today where people are suing people for whatever. Um I think it is worth it to to work with an attorney. Spend a few hundred to a couple thousand dollars to work with an attorney to set up your entities correctly and make sure you have extra protection. Um, but when you do that, it's going to take all of

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the risk and all of the liability from your business and shield it from yourself. This is the big the big reason why you need to have an entity. I'm not an attorney. This is not legal advice, but this is why you want to be doing these types of things because if something happens, a resident falls in in your facility or you have a staff member that gets bed bugs like like I was just talking about here at the start of the video, I in each of those situations never worried that somebody was going to be able to come after my

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personal residence because I had entities set up. I had them treated like entities. We're not piercing the corporate veil. we're doing things that we need to be doing in the way that we have structured our entities and we're treating them like businesses. And you need to to do those things. And when you have proper LLC's set up and proper um entities that are holding your real estate and and your operational entity, um it's going to provide walls around those businesses and that protects you.

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Um and that's what you need to do. Protects your personal assets, protects your personal finances and puts you in a spot where you are protected. This is this is why it is worth it to spend a few hundred to a couple thousand dollars to work with an attorney to get these things set up so that you don't have to worry about that and you have an incredible amount of peace of mind and and that will help you out um there as well. So please do not operate without a legal structure. You could, I mean, you could

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do it. You could get licensed. You could do everything in a sole prop under your own social security number and all of those things, but if you do that, you open yourself up to liability, and I I don't want you to do that. Um, I want you to have entities that are created. If you're interested in learning more about entities, just type in LLC down below. We'll do a separate video that's on entity creation and what that looks like, how it can help you out, and building up those walls around you to

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help you have some of the confidence that you need. I know uh for somebody that's new to this and trying to figure out how to get into assisted living, that world can feel confusing and overwhelming and it's like I have to talk to an attorney and they they're very educated and uh they they use big words and their legal documents are long and they don't it's not real English, right? It's all of these things and it can feel confusing and overwhelming. So, I get that. Um, but also what I have

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found in working with attorneys um, for several years now is they are generally very good at working with you when you are their client and they are a big advocate for you and they will help answer your questions and help you out uh, through that process. So, please hire an attorney. Please create a legal structure. Just do those things. It's going to make your life that much easier. I promise. But I'm also going to tell you this. Please don't do that first and be like, "I'm making progress." Because that's

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fake progress. I got to be honest with you. If you want to be working on something from the beginning that's like going to help you actually start your business, start working on your business plan. Start doing your underwriting. Do those things first. Don't worry about the entity creation. You can do that at any point. do it before you close on the business, but don't worry about doing it until after you have validated the idea. Don't spend the money on it until you have validated the idea, you have the

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home in place and you're ready to start moving forward because it's just fake progress. Now, if you get if it makes you excited cuz you know, I've made the LLC and and everything is going to be good and and we're moving forward with it, then cool. If that's going to give you some motivation and help start the ball rolling, but um like don't don't let that be the thing that you're just like, I made the LLC. uh I can take a break for three months now. Don't do that. Start working on the business

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plan. Put in the hard work first. That's what's going to help you be successful. We cover that in the road map challenge. If you want to learn more about that, just type in road map. We'll get you a a link to the to the challenge below. All right, let's get over to the insurance policies that you're going to need. So, you need to have your entity, right? But then you are also going to need to have certain types of insurance policies. The three big ones that you need to make sure that you have are your liability

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insurance, your property insurance, and workers comp insurance. Those are the three big ones that you're going to need to have. And I highly highly suggest that you work with an insurance broker who is familiar with commercial insurance. I I don't have a recommendation for you because I also want you to go and find somebody that is kind of in your local area. They're going to understand the market, the coverage types that that you need. um they'll be able to navigate and negotiate uh better pricing for you and

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better rates. And just understand that from the beginning, you're probably going to have to pay higher rates because this is an asset class. It's just a little bit weird. Um most times with like workers comp, you can't go through traditional workers comp uh types of insurance. Uh like the ones that you're going to see advertised online, you're going to have to go with like the state-based one. Um because your your asset class, assisted living, is just this weird kind of stepchild of

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of a thing. It's not really healthcare, but it's more health care than traditional business. And a lot of places don't want to accept that risk because it's just in between. This is where working with an insurance broker is so important. So, if you want a video on like why brokers are important, just type in broker down below. We'll we'll do a video that's specific to insurance brokers um and why you need them and how you can leverage them to find better insurance coverage for for what you're

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looking for in for for your assisted living business. But liability, property, workers comp insurance, those are the three big ones that you're going to need. Make sure you have appropriate coverage for for the amount of liability that you're taking on. Um again, insurance broker is going to be able to tell you, is a million dollars enough? Do you need more than that? Should you get umbrella coverage? Um, like what are the the types of coverage that you should be looking at and how is that

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going to benefit you and and and protect you and your assets um in the event that something bad happens? We hope nothing bad happens, but having been in this business since 2020, I know that it does. Um, and having that insurance has really gotten us out of a bind several times, and I'm so grateful that we have that in place. So, make sure you are getting that insurance. Make sure you're you're paying attention to what you need and that you're talking through a lot of that with um with that broker. They're

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going to help you get get you exactly what you need. Okay. Now, let's talk about your your riskmanagement strategy. This is a big one. In addition to your your insurance and having the entity created, um you're going to want to have a riskmanagement strategy. This is something that is internal for you. All right? And actually when you have these things in place and they're well documented, they they are actually documented and they are actual processes that you have in place, it is going to

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reduce your insurance premium. So it's going to save you money. It's going to take a little bit of time up front, but in the long run, it's going to help you out a ton. It's also going to give your uh your staff confidence in how to handle situations that may be uh putting you out for risk or liability. um because these are policies and procedures that you have in place that they know what to do if something happens. So number one um is around your staff. Please, and and this is a this is a a

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thing that in most states is required, but please have a strong hiring process for your staff, including background checks. Um the this oftentimes there's going to be a fee associated with it, but it's less than $50 in most states um per per person that you're you're doing this with. It's it's not very expensive. Um excuse me. But you're going to uh need to do either a name based or possibly even a fingerprint based background check on on your staff members to make sure that they don't have any criminal

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history or history uh of abuse or or anything like that that would put you at risk um with your residents. Okay. So, make sure you have that have solid uh hiring processes uh in the way that you're interviewing people, making sure that you're comfortable with them because what you do not want to do is bring a staff member into your home that um could do something with residents or the medication or or something along those lines that puts you and your entire business at risk. So, make sure

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you are spending time interviewing, bringing people in, doing the background checks. Next is having solid policies and procedures around all of these areas of risk um that that you might have. And a lot of states are going to tell you what those areas of risk are going to be in their state statutes. So they do make this kind of easy for you. You just need to find those state statutes that your policies and procedures need to kind of line up with. And that's something I teach in inside of my coaching programs

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is how to do that. Uh so if you're interested in learning about that, just type in launch down below. we'll get you a link to to one of my coaching programs that uh where you can work directly um with me and I can give you some guidance on that. U but you want to make sure you have solid policies and procedures and when you have those things in place and they are clear and they are reviewed on a regular basis um by by your staff they're updated on a regular basis and then uh your staff are reviewing them on

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an annual basis or whatever cadence that you need to have. It lets them know, hey, I am doing the things that I'm supposed to be doing and I know how to handle these situations when they come up with the resident falls. We know what to do. We know how to track it. We know what to report inside of our our EHR system, excuse me. Um, and and how we can move beyond that, right? So, these are the types of things that we that you're going to want to make sure you have in place. Clear policies and

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procedures. Uh, ongoing staff training program. Those could be, hey, you need to review these policies and procedures. Or it could be maybe you have a monthly staff meeting, and a component of that is a liability or a risk training um component that takes 5 to 10 minutes. And you do that every single time you have a staff meeting there. Here's how we're going to handle these situations um or or something along those lines. Make sure as well that you have very strong incident reporting mechanisms and

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processes in place so that if something does happen, you're able to document those things in your EHR system or whatever system you're using to be like, "Yep, uh, Sally, she fell. Um, she fell because of XYZ. Um, this is how we handled that situation. She has bruising in this area. There were or there were no visible um markings um when she fell. Uh, she didn't report any injury. um you know those types of things you need to make sure that you are documenting every single thing because in the event that

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something does happen and you are taken to court. The more documentation you have the better off you're going to be. Document absolutely everything. For those of you in healthcare you know if you didn't document it it didn't happen. So make sure you are documenting everything that happens to your residents. Okay. So that's your riskmanagement strategy. Develop one internally. um create that risk management strategy and then and then implement it and actually do those things because that's what's going to

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allow you to um feel confident in the way that you're running your business that helps mitigate that risk and really uh makes makes it so you're not going to have those issues. Now, I want to address something with you is in in how you're getting started. And I talked about this at the start of the video. There's so many of you that watch my channel that you're just like, I don't know how to get started. And then you have the fear of well once I do get started then um how am I going to find

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residence or how am I going to handle the liability? Um how am I going to handle all of these things? And I just want to encourage you and tell you that those fears, they are valid. So I want to validate you number one. Um they're valid. Like th those are real things. Um but I also don't think that you should let that stop you because just think about where you're at today. Um, and and I don't know where you're at. Maybe you're you're you're a nurse. Maybe you're you're in a care home. Maybe

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you're an administrator at another facility and you want to start your own or um you know, you're a real estate investor. Wherever you're at along the path, you're looking at assisted living and you're like, I really I can see the income potential there and the impact that I can have on those communities. I can create something better. Like if this is if I'm talking to you, just type in me down below. I just want to hear you. Um, but you you're just like, but this thing

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could happen or that thing could happen and you're just going to sit on it. Think about where you're at today and where you want to be. Just take take a few minutes and just think about that. Uh like pause the video if you need to because um if you let those things that are fear just kind of get in the way and and stop you from reaching your goals and moving beyond that, you're just going to stay stuck where you're at today. And so if you want to move forward, then you've got to start taking action. And those

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fears that you have, they're real, but they're going to be there in anything that you do. And uh if you want to be really successful, then you've got to start taking action. Like that's the that's the most important for thing for you to do is to stop sitting on your hands and start doing something. And when you do that, that's going to bring you a lot of success. Any type of business, any line of work that you do, there is some kind of risk involved. And and and it doesn't matter

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what it is. And so you just need to tell yourself, you know, especially for those of you that are my healthcare workers, and I know there's so many of you out there that that watch this channel, um, that want to do this. It's like any any type of business that that is out there is going to have liability. The work that you do right now has has that liability. Um, anything out there has it. But if you uh I also know you're watching this channel because you want something more. you you

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want to move things forward and uh you just got to do it. All right. Um and for those of you that are like real estate investors and you're just like, I don't know what what I want to do. Any any business that you work with, like you're doing single family real estate, you're doing multif family, whatever it is, uh you're going to carry a lot of that risk as well. Um it doesn't matter um what it is. You you always have risk. But if you let those things hold you back, you're just never going to to make

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progress. Like I'm just going to be blunt with you. You're not going to make progress. You're going to get stuck there. And the more that you I mean you watch this video, there's a ton of information in here on how you can mitigate that risk. Um that risk is all manageable. There are ways around it. You're creating the correct entities. You are getting the proper insurance. You're doing your own risk mitigation strategies. you're doing these things, that's going to mitigate the risk and

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make it a lot easier for you um to to move forward with this. The opportunity in my mind with assisted living far outweighs the the the risk that is involved because you can control it and you can set up systems and processes for you to to be successful. So, I just want to encourage you that you can do this. You can move forward. You can be successful. And a lot of that just comes down to planning and following a process. And I teach people this um in my focus framework all the time. If you're interested in learning more about

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that, just type in focus down below. We'll do a video that's specific to the focus framework. But what I want you to know is there's a process to to getting started with this. And if you're confused and you don't know how to do it, you don't you're just like, I don't I want to do assisted living, but I'm not sure how to do it. I don't know how to get started. Um, I would love to have you in my roadmap challenge. Type in roadmap down below. We'll get you a link

00:28:22 - 00:29:19
or just go to roadmapchallenge.com. It's a great opportunity for us to work together. Um, it's in a group setting, but if you get a VIP ticket, you can ask me whatever questions. And it is all focused on helping you know how to get unstuck, how to get started, and I'm going to get you a road map by the end of the the challenge that that's going to help you be able to move forward. I love teaching that. I love coaching people, and I would love to have you there. um because I know that it's going

00:28:50 - 00:29:48
to help you out, help you be successful and help you start getting unstuck and start moving towards your dream. And that's what I want for you. So again, type in roadmap down below or just go to roadmapchallenge.com. Uh we'll have links below uh for you for that inside of our YouTube description description. Um and you can also get the book. Go to the alibook.com or just type in book and we'll send you the link for that as well. Um, but that book is also going to just be super helpful in helping you know how to move

00:29:19 - 00:30:04
forward and how to be successful. And now there's an audio book version of it. So, if you like hearing my voice, uh, you're going to love the book cuz it's long. Uh, and there's there's just so many good things in there uh, that I think are going to really help you out along the path. So, if you found this video to be helpful, make sure you like the video, subscribe, ring the bell as well so you get notified every time we put out content like this. We go live on Tuesdays and put out content on

00:29:41 - 00:30:30
Thursdays, all designed to help you launch your assisted living business, know how to get started with that business. Uh, I just want to thank you again for watching. My name is Brandon Gustafson. I help first-time assisted living entrepreneurs launch profitable, purpose-driven businesses, creating prosperity, purpose, and peace in their lives. And I would love to help you out along your path to launching your assisted living business. And I just want to remind you that it doesn't take a lot, just a little bit. Just keep

00:30:06 - 00:31:05
going step by step by step. But I promise you, if you do and you are consistent and persistent, you're going to be successful. Thanks for watching and have a great day. Oh, hold on. I have some some chats in here. Let's get in here. All right. Um, I'm going to answer these really quick because you guys are you guys are in here. You're you're live. Um, uh, looking forward to joining the next Roadback Challenge. Your nurse manager, eager to start your journey in RAW. Uh, thank you, um, Alexander. would love to

00:30:37 - 00:31:34
have you on there. Um, so get in there. Um, and and we'll see you there. Yeah, roadmap challenge.com. Would love to see you on there. Um, and uh, Lisa agreed. Risks are opportunities in disguise. Focus. Yeah, the focus framework. I love it. Thank you, Lisa. I appreciate appreciate you all uh, being here with me live, by the way. Uh, and and just typing in those things. Uh, it's always fun when I'm not sitting here by myself. Uh, so I appreciate it. And, uh, just go to roadmapchallenge.com. We'll just

00:31:06 - 00:31:59
throw that here in the chat. roadmapchallenge.com. Would love to see you in there. Um, our next one's a few few weeks away. But, um, would love to see you in that opportunity in that in that experience. Uh, it's all designed with helping you move forward with this. So, uh, excited to see you all there. And with that, want to thank you all for watching. And remember, it doesn't take a lot, just a little bit. Keep going step by step by step. And I promise you, if you do and you are consistent and persistent,

00:31:33 - 00:31:36
you're going to be successful.