Community Services and Long-Term Care: Issues of Negligence and Liability. ABSTRACT


Channeling agencies operating under the National Long Term Care Channeling Demonstration Program had complex assignments to assess the needs of older people requiring long term care, to determine what services met such needs, and to arrange for the delivery of services from a wide and disparate array of resources while continuing to “manage” the case to assure appropriateness of services. Responsibility for what happened to a client was spread across several agencies, organizations, and individuals, some of whom were agency employees, while others were volunteers from structured volunteer programs, neighbors, friends, employees or agencies.

This document was intended to provide case managers, Channeling agencies, social service agencies, volunteer bureaus and others with information about liability to which they, their employees, their agencies, volunteers, agents and others were exposed. It was also intended to furnish guidelines and suggestions for avoiding liability, avoiding or minimizing risks of negligence, and in general demystifying the area of liability, negligency, and many aspects of legal relationships.

Although specific laws vary from state to state, this paper can be used as a guide to general legal principles which should be followed by case management agencies.

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