What Do I Do If I'm Out of Compliance?
In this episode of The Assisted Living Compliance Podcast, I answer one of the most common questions operators ask:
"What do I do if I'm out of compliance?"
As a former government licensor and investigator, I've seen facilities handle compliance issues the right way—and I've seen facilities make situations much worse than they needed to be.
One of the biggest misconceptions in assisted living is believing that being out of compliance automatically means your facility is in serious trouble. The reality is that compliance issues occur in facilities of all sizes. What often separates strong operators from struggling operators is how quickly they identify problems, correct deficiencies, and implement systems to prevent those issues from happening again.
In this episode, I break down the difference between:
If you catch yourself out of compliance, the priority is simple: get back into compliance as quickly as possible. I discuss why it's important to document when the issue was discovered, what corrective actions were taken, and how maintaining internal records can help demonstrate your efforts if questions arise later.
These records are not necessarily intended to be provided to licensing. Rather, they serve as an internal record of your facility's actions and decision-making process. If questions ever arise in the future, you can clearly demonstrate that you identified the issue, took corrective action, and worked to prevent it from happening again.
I also explain why I generally advise against proactively contacting licensing to report every compliance issue you discover. While transparency is important, operators should understand that licensing agencies often have an obligation to follow up once notified. In many situations, your best course of action is to correct the issue, document your corrective actions, and strengthen your operational systems moving forward.
If licensing identifies a compliance issue during an inspection or investigation, I discuss the importance of following the required Plan of Correction, completing all corrective actions, and implementing systems that help prevent the issue from occurring again.
I also talk about a critical mindset shift for operators: compliance is not about being perfect. Compliance is about having systems in place that identify problems, correct problems, and reduce the likelihood of repeat deficiencies. Facilities that stay compliant year after year typically aren't lucky—they have strong operational systems that support compliance every day.
One of the most important lessons from this episode:
Never lie to licensing.
If an inspector or investigator is asking questions about a potential compliance issue, there is often a reason. In many cases, they may already have information that suggests a problem exists. Providing false or misleading information can create significantly larger problems than the original deficiency and may trigger additional scrutiny, investigations, or credibility concerns.
I've found that many facilities create more risk for themselves by attempting to hide mistakes than by simply addressing them. Most compliance issues can be corrected. However, dishonesty can damage trust and create challenges that are much harder to overcome.
What to do when you discover a compliance issue yourself
Why documentation matters when correcting deficiencies
The difference between self-correcting and being cited by licensing
Why strong operators document corrective actions
How Plans of Correction work
Compliance issues happen. What often matters most is how you respond when they do.
Hosted by Lonnie Ridgeway, former government licensor and investigator, assisted living owner, and compliance consultant.
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