Georgia Gov. Brian Kemp’s focus on comprehensive litigation reform took a step forward recently with the introduction of legislative measures that senior living leaders are applauding.
SB 68 and SB 69 include provisions that would limit third-party litigation funding, reform premises liability laws, require plaintiffs to demonstrate actual medical costs, and prevent double-dipping on legal fees.
“For far too long, our litigious environment has been an inhibiting factor for operators in Georgia,” Georgia Senior Living Association President and CEO Catie Ramp said in a news release. “Rising insurance costs often make it difficult for providers to keep their doors open.”
Ramp said that GSLA applauded the work of the state’s elected leaders to support “common-sense and fair litigation reform that will rebalance the senior living ecosystem, protect access, improve resident care and preserve our workforce.”
The Georgia Center for Assisted Living similarly said that the bills provide critical support for long-term care providers by “limiting excessive jury awards for non-economic damages, streamlining legal processes, and enhancing protections against frivolous lawsuits.”
“These legislative measures create a more balanced legal environment for long-term care facilities, allowing them to allocate resources more effectively toward patient care while reducing the threat of excessive legal costs and liabilities,” a GCAL spokeswoman told McKnight’s Senior Living.
Acknowledging that many industries struggle with high insurance premiums and costs associated with legal actions, Kemp, a Republican, argued during his state of the state address last month that those issues challenge the healthcare workforce and the ability of providers to operate.
In 2023, the American Tort Reform Association named Georgia its top “Judicial Hellhole” after a series of “nuclear verdicts.”
Willis Towers Watson released an analysis in October showing that nationally, senior living and care providers could see their professional liability and property insurance rates increase by 5% to 10% this year, with intense scrutiny on loss development and difficult venues.
Source: McKnights Seniorliving
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