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...
Healthcare surrogates can’t agree to arbitration on behalf of their charges, court rules
By
Kimberly Marselas
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.
Lawmakers move to end pre-dispute arbitration agreements; would take key legal tool away from SNFs
By
Marty Stempniak
Mar 04, 2019
Democrats in the U.S. House and Senate have unveiled legislation aimed at quashing the practice of forced arbitration.
Nurse who stole opioids from long-term care facility must be rehired and compensated, arbitrator rules
By
Marty Stempniak
Jan 17, 2019
An Ontario nursing home must rehire a registered nurse who was caught stealing opioids on the job, and compensate her for her losses.