Consumer Directed Negotiated Risk AgreementsConsumer Directed Negotiated Risk Agreements • August 3rd, 2020
Opponents and proponents of the concept often fail to agree on fundamental concepts underlying negotiated risk.1 Similarly, states have enacted legislation authorizing or prohibiting what is described as negotiated risk – however those states have defined the concept so differently than other states that it is difficult to understand the concept as a cohesive whole.2 Negotiated risk can be broadly defined as the shifting of responsibility for certain consequences between the resident and the assisted living facility. Further concepts of definition vary greatly between lawyers and industry actors, and will be discussed later.
