Surveyors haven’t dropped the hammer on new nursing home arbitration rules, but threats persist
By
Kimberly Marselas
Mar 08, 2024
Two years after surveyors began enforcing new arbitration rules, they have not pursued skilled nursing operators with the vigor some expected.
Arbitration order ruled invalid in COVID wrongful death case. That could be trouble for nursing homes:...
By
Josh Henreckson
Feb 06, 2024
An appellate court judge has ruled that a plaintiff who filed a wrongful death case on behalf of her mother was not bound by an arbitration agreement she had signed in her role as power of attorney.
Case over ‘weaponized’ arbitration agreement draws fresh Labor Dep’t scrutiny
By
Kimberly Marselas
Dec 01, 2023
Employment contracts that require nursing home workers to pay their employers’ attorneys fees if they lose an arbitration dispute are “unduly coercive” and would “chill” workers’ willingness...
Nursing home wins right to arbitrate, but case reveals common agreement weakness
By
Kimberly Marselas
Feb 28, 2023
An Illinois nursing home can avoid a court battle over a personal injury claim, thanks to an appellate court’s finding that its contract “clearly” gave its arbitrator the right to decide which cases...
Ask the legal expert: How can we use arbitration agreements?
By
Norris Cunningham
Nov 11, 2022
Q: What kind of restrictions do we have regarding arbitration agreements as part of the admissions process?
Arbitration battles loom after Supreme Court inaction, tough new guidance
By
Kimberly Marselas
Oct 05, 2022
The US Supreme Court this week refused to hear arguments that nursing homes should be able to require pre-dispute arbitration agreements, clearing the way for enforcement of stiff new arbitration rules...
Also in the News for Wednesday, Sept. 28
By
Joe Bush
Sep 28, 2022
Evacuations begin in Tampa area, HHS declares PHE … CCRC CFOs pledge to expand through capital projects … Despite prohibition on mandatory arbitration, nursing homes still routinely include it in paperwork
Ban on arbitration of sexual assault, harassment disputes will hit LTC
By
Norris Cunningham
Barb Killian
Feb 28, 2022
Congress passed H.R. 4445 on February 7, 2022. The bill, titled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” is important to long-term care facilities that enter...
When arbitration agreements backfire
By
John O'Connor
Jun 07, 2021
For many operators, arbitration agreements are surely one of the best things to happen in a long time.
The coming crackdown: COVID-19 and beyond
By
Karen Christian
Matthew Hittle
Apr 21, 2021
For more than a year, America’s nursing homes have been besieged by the COVID-19 pandemic, which has tragically claimed the lives of more than 130,000 residents and 1,600 staff. While America’s nursing...