Arbitration

Winning with the help of Trump

Winning with the help of Trump

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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.

New arbitration rule doesn't have much of a silver lining

New arbitration rule doesn't have much of a silver lining

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Any way you slice it, last week was a rough one for long-term care operators.

More frivolous lawsuits ahead? You can bank on it

More frivolous lawsuits ahead? You can bank on it

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Eldercare service providers would be well advised to watch proposed arbitration rules that have been aimed primarily at banks — for now.

Court honors unsigned arbitration agreement

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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.

Federal judge sends nursing home's libel lawsuit against law firm back to state court

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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.

Appeal sought after ruling on arbitration clauses

Appeal sought after ruling on arbitration clauses

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.

Supreme indifference

Supreme indifference

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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?

Supreme Court declines Extendicare's appeal to review arbitration case

Supreme Court declines Extendicare's appeal to review arbitration case

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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 contracts

Ruling: State courts cannot treat nursing home arbitration agreements differently than other contracts

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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.

Ask the legal expert ... about arbitration agreements

Ask the legal expert ... about arbitration agreements

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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?

Petition seeks clarity on arbitration

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Nursing home company SSC Odin Operating Co. has asked the U.S. Supreme Court to again weigh in on arbitration agreements.

High court puts arbitration agreements back into play

High court puts arbitration agreements back into play

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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.

New portable lifting seats support independence

New portable lifting seats support independence

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 without litigation in the nursing home industry: Part Three

Terminations without litigation in the nursing home industry: Part Three

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.

Long-term care providers: plenty of reasons to look over the shoulder

Long-term care providers: plenty of reasons to look over the shoulder

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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.

Health lawyers to tackle arbitration, HITECH and health reform at annual meeting

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.