Risk Insights: Senior Living & LTC: Recent Episodes

Marsh's Senior Living & LTC Industry Practice

Marsh’s Senior Living & LTC Industry Practice brings together industry leaders, Marsh specialists and risk experts to discuss the risk trends affecting the senior living and long-term care industry.

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This episode of Risk Senior Living and Long Term Care explores how artificial intelligence is rapidly entering the workplace and why senior living and long-term care organizations need to approach adoption with caution. Host Tara Clayton speaks with Laurel Cornell, Regional Managing Partner at Fisher Phillips, about the fast-changing legal landscape surrounding AI, from shifting federal priorities to a growing patchwork of state and local laws governing privacy, biometrics, consent, and employment practices. The discussion makes clear that while AI can drive efficiency, it can also create exposure if organizations implement tools before fully understanding what data is being collected, how it is being used, and which laws may apply.

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Part two of Beyond the Incident: Using CRPs to Build Trust and Reduce Risk in Senior Living shifts from defining CRPs to showing what effective CRP communication looks like in practice, especially in the critical hours and days after an incident. Using the same fall scenario, the discussion outlines how timeliness and discipline work together: leaders don't rush to judgment, but they also don't allow silence to create space for assumptions, outside influence, and a hardened family narrative that becomes difficult to change.

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Part one of Beyond the Incident: Using CRPs to Build Trust and Reduce Risk in Senior Living introduces communication and resolution programs (CRPs) through a realistic fall scenario and shows how quickly a routine event can escalate when staff speculate, vent, or unintentionally "seed" a narrative that families carry forward. The conversation breaks down what a CRP is (and isn't): a proactive, disciplined approach that emphasizes early event identification, fact-based communication, thoughtful event analysis, team support, and when appropriate financial or non-financial resolution.

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Senior living and long-term care providers are facing a more complex and aggressive litigation environment than ever. In this episode of Risk Insights: Senior Living and Long-Term Care, host Tara Clayton sits down with senior care litigation partners John Hall Jr. and Drew Graham of Hall Booth Smith to unpack what's driving today's claims trends and why these cases are uniquely challenging, blending medical realities of aging with emotionally charged narratives in court.

Drawing from their book, Aging Accusations and Accountability, Hall and Graham share practical, defense-minded strategies for narrowing the gap between what care actually looks like inside a community and how it's later portrayed in investigations, regulatory findings, and the courtroom. From documentation and early claim investigation to addressing corporate structure head-on, they outline how providers and their partners can better prepare and reflect full picture of the care delivered.

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Host Tara Clayton and her guest, Scott Bertulis, senior vice president, loss control with Marsh’s Senior Living and Long-term Care industry practice, discuss workers’ compensation management and how workplace injuries can have a significant financial and operational impact, but with the right approach to loss control, companies can reduce risks to protect their employees and keep costs under control.

Episode #20 Full Transcript

Webinar replay: Workers’ Compensation Update for Senior Living & LTC Industry

Contact us with questions: marshseniorlivingltcpractice@mmc.com

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Identify possible cyber vulnerabilities and risks linked to third-party vendor relationships, as well as the significance of being prepared for potential cyber incidents.

Episode 19 Full Transcript

Senior Living & Long-Term Care:

https://www.marsh.com/en/industries/senior-living-long-term-care.html

Cyber:

https://www.marsh.com/en/services/cyber-risk/insights/defining-uncovering-cyber-risks-digital-supply-chain.html

Email Tara Clayton: marshseniorlivingltcpractice@mmc.com

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Host Tara Clayton and her guest, co-leader of Marsh’s Senior Living & LTC Industry Practice Michael Pokora, discuss some of the challenges owners and operators face — including staffing and wage pressure, severe weather-related events, and a complex litigation environment — emphasizing the need for proactive risk management strategies to help address market dynamics.

Episode 18 Full Transcript

Show Notes:

Senior Living & Long-Term Care General and Professional Liability Benchmark Report for Senior Living and Long-Term Care

Email Tara Clayton: marshseniorlivingltcpractice@mmc.com

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Everyone loves a field trip. But when transporting senior community residents, there are some special considerations that need to be made before the fun can begin.

Explore the unique risks that can present for owners and operators when transporting seniors in this episode of Risk Insights: Senior Living & LTC.

Episode 17 Full Transcript

Senior Living & Long-Term Care

Senior Living & LTC Workforce Safety Education Video Library

Senior Living & LTC Risk Summit

Email Tara Clayton: marshseniorlivingltcpractice@mmc.com

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Having pre-conceived notions is common, but these biases are not without consequence. Recognizing and addressing implicit bias in senior living and long-term care communities is critical to ensure the well-being and dignity of residents.

Learn about the prevalence of implicit bias in senior living settings, the impact it can have on residents' mental health, and strategies to address and reduce bias in this episode of Risk Insights: Senior Living & LTC.

Episode 16 Full Transcript

Senior Living & Long-Term Care:

https://www.marsh.com/en/industries/senior-living-long-term-care.html

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The use of artificial intelligence (AI) in the employment context is not new, but it is evolving and growing. Utilizing AI in employee training and development can enhance learning experiences and personalize training programs, analyze employee performance data, and provide targeted recommendations for skill development and career advancement. But as employers look to AI to create efficiencies, they must also be mindful of the need for transparency, human oversight, and continuous testing and auditing of AI tools.

Explore the use of AI in the employment context and understand the potential risks and discriminatory impact associated with it in this episode of Risk Insights: Senior Living & LTC.

Episode 15 Full Transcript

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The employment landscape in the senior living and long-term care industry is facing significant challenges including increased scrutiny from federal agencies such as the EEOC and NLRB. Learn how owners and operators can be proactive in understanding and complying with employment laws to mitigate the risk of lawsuits and penalties.

Episode 14 Full Transcript

Goldberg Segalla

“What the DOL’s new worker reclassification rule could mean for businesses”

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Hear about steps that senior living and long-term care community owners and operators should take to ensure they are in the best possible position to emerge from a property loss quickly and effectively.

Episode 13 Full Transcript

OneRallyPoint

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Tara Clayton is joined by John Derse, Senior Partner and Healthcare Provider Industry Practice Leader at Mercer and David Mitchell, Partner in Mercer's Career Consulting Practice. Together, they examine changing workforce dynamics and provide suggestions for how owners and operators can take an evolved approach to staffing for greater workforce success.

Episode 12 Full Transcript

www.mercer.com

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As Congress considers minimum staffing ratios for long-term care providers, the healthcare industry as a whole continues to struggle with staffing shortages. Listen as host Tara Clayton and Scott Tittle, Head of Government Relations and External Affairs for VIUM Capital, discuss what owners, operators, and healthcare providers can do educate the Hill and make their voices heard.

Episode #11 Full Transcript

Link to VIUM Capital’s website: https://www.viumcapital.com/

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Owners and operators provide essential residential and care services for millions of Americans. Listen as host Tara Clayton and John Atkinson, leader of Marsh’s Senior Living & LTC Industry Practice, discuss how they are working to ensure these specialized providers are properly protected for the risks they face.

Episode 10 Full Transcript

2022 General and Professional Liability Benchmark Report: https://www.marsh.com/us/industries/senior-living-long-term-care/insights/gl-pl-benchmark-report.html

Captive Solutions: https://www.marsh.com/us/services/captive-insurance.html

Property Advisory Solutions: https://www.marsh.com/us/services/risk-consulting/sectors/property-consulting.html

Marsh’s Cyber Risk Practice: https://www.marsh.com/us/services/cyber-risk.html

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Episode 9 Show Notes

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Read the transcript here.

https://www.marsh.com/us/industries/senior-living-long-term-care.html

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Risk Insights: Senior Living & LTC podcast is hosted by Tara Clayton with Marsh’s Senior Living & Long-term Care Industry Practice. Each month, Tara, a former litigator and in-house attorney, speaks with industry experts about a variety of challenges and emerging risks facing the industry.

For a transcript of this episode click here.

Direct Supply Technology & Innovation Center

Marsh’s Cyber Self-Assessment

2022 General and Professional Liability Benchmark Report for Senior Living and Long-Term Care

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The holiday season brings specific challenges for senior living and long-term care providers who serve residents with dementia. In this episode, host Tara Clayton is joined by a Shavaughn Carey, an associate director with the Alzheimer's Association, to discuss important considerations for senior living and long-term care providers as they work with residents with dementia.

Learn more about the Alzheimer's Association here.

https://www.alz.org/

You can access a transcript of the episode here.

https://tinyurl.com/3fs7usfr

If you have any feedback on this podcast, please contact us at marshseniorlivingltcpractice@mmc.com.

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In this episode of Risk Insights: Senior Living & LTC, listen as host Tara Clayton and Amy Barnes, Marsh’s Head of Climate and Sustainability Strategy, delve into the many facets of ESG — climate, sustainability, and social responsibility to name a few — and the importance of understanding their value for owners and operators.

Marsh’s ESG Risk Rating is a complimentary self-assessment that enables you to measure your organization’s environmental, social, and governance performance, improve your ESG risks, and gain access to risk and insurance benefits. ESG Risk Rating results can be used to identify your most critical sustainability and climate-related risks and opportunities, and work with Marsh’s advisors to further develop your ESG strategies. https://tinyurl.com/bdcw4ra5

You can access a transcript of the episode here.

https://tinyurl.com/2u7ekea4

Share hypotheses to explore potential outcomes of good ESG performance by contacting Amy Barnes at amy.barnes@marsh.com.

If you have any feedback on this podcast, please contact us at marshseniorlivingltcpractice@mmc.com.

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Drew Graham, a defense attorney and partner with Hall Booth Smith, joins Tara Clayton to review how litigation for senior living and long-term care has changed in the post-COVID-19 era. They discuss how judges are managing the backlog of cases, the rise of private-equity backed lawsuits, and tips for how defense counsels can better calculate potential damages.

Marsh Advisory’s Claims Solutions steps in to act with your team, enhancing specialization and increasing your capacity at a time of need. We proactively identify and advocate to improve claims outcomes, working closely with your business and carriers. https://tinyurl.com/2s3k8tdx

You can access a transcript of this episode here.

tinyurl.com/5n6ynsvr

Learn more about Hall Booth Smith here. https://tinyurl.com/2p873my4

If you have any feedback on this podcast, please contact us at marshseniorlivingltcpractice@mmc.com.

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Tara Clayton is joined by Marsh clinical risk specialist Doris Fischer-Sanchez and property risk consultant Jonathan Frost to review how to the senior living and long-term care industry needs to consider and address preparedness planning for workplace violence, including active shooters.

You can access a transcript of this episode here. https://tinyurl.com/bdfue8ny

Doris and Jonathan will go deeper on this issues in an August 24 webcast, "Safety and active violence preparedness in senior living & LTC." You can register for the webcast here. https://tinyurl.com/r2z46ry2

Marsh's Senior Living and LTC Industry Practice Risk Summit will be held on September 28-29 in Chicago, IL. To learn more information and request an invitation, please email marshseniorlivingltcpractice@mmc.com.

If you have any feedback on this podcast, please contact us at marshseniorlivingltcpractice@mmc.com.

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Tara Clayton is joined by Marsh clinical risk specialists JoAnne Carlin and Doris Fischer-Sanchez to review how to create, promote, and maintain a culture of safety.

For a transcript of this episode, click here. https://tinyurl.com/mr46efdh

Marsh's Senior Living and LTC Industry Practice Risk Summit will be held on September 28-29 in Chicago, IL. To learn more information the summit, click here. https://cvent.me/D2bvRZ

If you have any feedback on this podcast, please contact us at marshseniorlivingltcpractice@mmc.com.

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Tara Clayton welcomes Argentum’s James Balda and ASHA’s Dave Schless to the show to discuss industry advocacy, workforce issues, and how the government can make long-term care more financially accessible for more Americans.

You can access a transcript of this episode here. https://tinyurl.com/msa2bj7j

You can learn more about James Balda and Argentum's industry advocacy on its homepage here. www.argentum.org

To get more information on David Schless and the work ASHA is doing for the industry, visit its home page here. www.ashaliving.org

Marsh's Senior Living and LTC Industry Practice Risk Summit will be held on September 28-29 in Chicago, IL. To learn more information and request an invitation, please email marshseniorlivingltcpractice@mmc.com.

If you have any feedback on this podcast, please contact us at marshseniorlivingltcpractice@mmc.com.