Make no mistake: Long-term care providers will take a victory wherever they can, and the Trump administration's move to rescind the Obama administration's ban on pre-dispute arbitration agreements is a win with a capital "W."
The use of arbitration agreements in nursing homes may be bouncing back after it was banned in last year's final rule for long-term care providers.
In a victory for a Georgia nursing home, a listed forum for arbitration was not an integral part of the document signed by a resident's mother, a federal judge has ruled.
The White House has not banned arbitration agreements in long-term care. But if a recent executive order got providers thinking about life without these contract provisions, that might be a good thing.
A state law to protect nursing home residents cannot be invoked to bring a suit against an assisted living provider, a federal judge recently ruled, reversing his earlier decision.
Arbitration agreements signed by a resident of an Extendicare facility are valid, a jury in Kentucky determined Friday.
A new study shows that long-term care claim severity and loss rates have grown 4% each year since 2009, and the liability costs per bed is expected to be $1,540 by next year.
Nursing homes cannot use arbitration agreements to combat lawsuits related to residents' care, the West Virginia Supreme Court ruled on Friday. The court decided, in the unanimous decision, that "disputes should be decided by juries of lay citizens rather than paid, professional fact finders who may be more interested in their fees than the disputes at hand," according to published reports.
Hundreds of nursing home owners and operators blitzed congressional buildings in Washington on Thursday, pressing lawmakers for better Medicare payments, a halt to post-acute payment bundling system talk and other improvements. But one thing they weren't expecting to make much progress on was long-term care reform.
By refusing to review an Illinois appellate court ruling, the U.S. Supreme Court has tacitly agreed that a state law nullifying nursing home arbitration agreements supersedes the Federal Arbitration Act, which favors arbitration agreements, according to a Bureau of National Affairs report.
The American Health Care Association and the National Center for Assisted Living have voiced opposition to the recently reintroduced Fairness in Nursing Home Arbitration Act. Members of both the House and Senate have submitted the legislation for congressional consideration.
Senators Wednesday re-introduced the Fairness in Nursing Home Arbitration Act, a bill that would prevent nursing homes from requiring residents to sign arbitration agreements as a condition of admission. The bill failed to pass through Congress during the last session.
U.S. Rep. Linda Sanchez (D-CA) on Friday re-introduced a bill that would prohibit nursing home and assisted living operators from including pre-dispute arbitration clauses in their admissions contracts. Providers wasted no time attacking the bill.
The Fairness in Nursing Home Arbitration Act of 2008, a bill that would eliminate arbitration agreements as a requirement for admission into a nursing home, is one step closer to becoming a law.
The House Judiciary Committee Wednesday approved the Fairness in Nursing Home Arbitration Act, which would outlaw the signing of an arbitration agreement as a prerequisite to admission in a nursing home.
Nursing homes took their case for arbitration agreements Wednesday to a Senate joint committee, which heard testimony for and against a bill that would invalidate arbitration clauses in admissions contracts.
The Senate Judiciary Committee and the Senate Special Committee on Aging will hear arguments both for and against the Fairness in Nursing Home Arbitration Act this Wednesday.