Most providers of senior housing and assisted-living services market their communities in many ways; through written materials, web-based advertisements, testimonials, and broad-based advertisements, to name just a few. Once created, an operator cannot control these materials’ circulation. The materials create a look, feel and impression of a community, and sometimes they can make implicit promises of results. These materials can create exposure for an operator. The following discussion will identify areas of legal exposure and offer suggestions to mitigate your risk by working with your marketing team toward a mutual goal of accurately communicating what you provide to your residents, setting reasonable expectations for the residents, and mitigating risk.
This article first appeared in In-House Defense Quarterly magazine.