Signing on the dotted line counts in arbitration cases, even if the text explaining that arbitration is voluntary isn't in bold print.
There has been so much in the news about arbitration agreements over the past year. Are we in the clear and can we use them again?
A skilled nursing provider won a court victory last week when the Wyoming Supreme Court agreed an arbitration agreement signed by a deceased resident's daughter was binding.
Like so many other contemporary debates, the arbitration issue has degenerated into a talking-points battle.
When the American Health Care Association sued the Centers for Medicare & Medicaid Services last year, my assessment was that it might win the literal battle, but lose the hearts and minds of consumers.
Any way you slice it, last week was a rough one for long-term care operators.
Eldercare service providers would be well advised to watch proposed arbitration rules that have been aimed primarily at banks — for now.
Pennsylvania nursing home resident who sued for neglect was recently ordered by a federal judge to submit to binding arbitration instead, even though the document authorizing it was not signed by a facility representative.
A U.S. District Court judge recently sent a lawsuit between a Mississippi law firm and an Ohio nursing home back to state court after determining the law firm failed to show sufficient evidence that the amount of alleged damages warranted the matter being in federal court.
Plaintiffs in a negligent death lawsuit are asking the Texas Supreme Court to reconsider its recent ruling giving providers more leeway in forcing arbitration over alleged negligent care.
It has been said that we are the residue of our choices. If that's true, what should we make of the Supreme Court these days?
The U.S. Supreme Court has rejected a petition from Extendicare Homes to review a conflict over an arbitration agreement and wrongful death lawsuit.
Ruling: State courts cannot treat nursing home arbitration agreements differently than other contractsJuly 10, 2013
State courts do not have the authority to categorize nursing home arbitration agreements differently than other contracts, the New Mexico Supreme Court recently ruled. The decision sets up a fight over whether a nursing home's specific arbitration agreement violated state law.
It seems like every time I see a news item about arbitration agreements being signed by a resident/patient's surrogate or relative, some judges rules it invalid or unenforceable. Are they ever valid? Must we always get the resident/patient to sign for himself or herself, or is that just strongly recommended?
Nursing home company SSC Odin Operating Co. has asked the U.S. Supreme Court to again weigh in on arbitration agreements.
If the U.S. Supreme Court thought it had the final word on the validity of certain nursing home admissions arbitration agreements in 2012, well, it was wrong.
Carex Health Brands recently added several portable lifting seats to its line of mobility aids. The electric Power Seat plugs into a standard 120-volt outlet and provides complete lift support.
Terminations today pose far more legal risk than they did even 20 years ago. Irrespective of the size of the employer, a disgruntled employee who has been involuntarily terminated is likely to challenge the termination through a myriad of legal avenues.
As if sobering news weren't in deep enough supply for long-term care providers, we've been reminded again why the threat of getting sued usually lingers in the back of the mind.
The American Health Lawyers Association will hold its annual meeting next week in Seattle. Education session topics will include the arbitration process, an overview of HITECH (Health Information Technology for Economic and Clinical Health) Act regulations, and changes to Medicare Parts A and B under healthcare reform.