State courts push back on nursing homes’ federal right to arbitrate
Jun 12, 2023
A spate of recent battles over arbitration agreements may force courts and lawmakers to once again tackle who can enter one on behalf of a nursing home resident — and whether they can ever be mandated...
Precedent-setting arbitration ruling could lead to more nursing home lawsuits
Jul 12, 2022
A nursing home arbitration agreement that forced residents or family members to split fees in a dispute has been deemed “unconscionable,” a ruling that may pave the way for more lawsuits against providers.
Nursing homes sue administration over new federal arbitration rule
Sep 05, 2019
Two Arkansas nursing facilities are asking a federal court to declare a rule that prohibits long-term care facilities from requiring residents to sign a binding arbitration agreement as a requirement for...
Healthcare surrogates can’t agree to arbitration on behalf of their charges, court rules
Aug 01, 2019
Standing as a health surrogate doesn’t allow appointees to enter into nursing home arbitration agreements or other business agreements with providers, a Florida appeals court has ruled.
One threat removed, but even bigger one remains
James M. Berklan
Jul 06, 2017
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...
Arbitration rules get two major victories
Jun 05, 2017
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.
Forum choice not integral to arbitration contract, judge says
Feb 04, 2015
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.
A future without long-term care arbitration agreements
Aug 12, 2014
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.
Assisted living residents cannot sue under nursing home law in New Jersey, federal court rules
Feb 05, 2014
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.
Extendicare resident’s arbitration agreements should stand, jury concludes
Jan 14, 2014
Arbitration agreements signed by a resident of an Extendicare facility are valid, a jury in Kentucky determined Friday.