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Senior Living & LTC: Understanding the ADA, the FHA, and where they intersect

Learn about the similarities and differences between the ADA, the FHA and where each applies for owners and operators.

Senior living and long-term care communities are multifaceted in that these settings can provide both housing to individuals as well as areas that are, or could be, considered areas of public accommodation. For this reason, allegations of discrimination can appear in a number of settings. It is important to understand how your operating model impacts the application of federal and state anti-discrimination laws and what you need to know so that you are compliant.

Listen as host Tara Clayton and her guest Joel Goldman, an experienced industry attorney and advocate, discuss the similarities and differences between the Americans with Disabilities Act and the Fair Housing Act and where each applies — and sometimes intersects — to owners and operators of independent living, assisted living, memory care, and skilled nursing communities.

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Key takeaways

Know the law

While the ADA is designed to protect those with disabilities, the FHA is far broader. It's important to understand when, how, and where the FHA applies to your communities.

Know how to communicate

Communication protocols that clearly outline how to address requests for special accommodations should be shared with all public-facing staff.

Know your rights

Understand that you can comply with the law without having to blanketly accept requests for accommodations. 

Our speakers

Tara	Clayton

Tara Clayton

Client Executive, Senior Living and LTC Industry Practice

Tara Clayton is a client executive in Marsh’s Senior Living and LTC Industry Practice. In this role, she advises clients with strategic and tactical advice concerning effective general and professional claim resolution, risk management, and strategies to obtain maximum insurance coverage across lines of coverage. Tara’s expertise with complex litigation and creative risk management initiatives helps reduce costs, enhance value, and increase client control of their risk management programs.

Goldman Joel

Joel Goldman

Partner, Hanson Bridgett LLP

Joel Goldman represents a wide array of developers, owners, and operators of senior care communities, including, assisted living, continuing care, and congregate senior communities. He focuses on regulatory, licensure, and operational issues, as well as resident and risk management issues.

Joel is also a founding member of the California Assisted Living Association and has served on its Board of Directors since its inception in 1994.

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