Eldercare service providers would be well advised to watch proposed arbitration rules that have been aimed primarily at banks — for now.
Ruling: State courts cannot treat nursing home arbitration agreements differently than other contracts
By
Tim Mullaney
Jul 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...
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.
Ruling on nursing home arbitration shows the fine print counts
By
Kimberly Marselas
Jun 14, 2018
Signing on the dotted line counts in arbitration cases, even if the text explaining that arbitration is voluntary isn’t in bold print.
Make arbitration an option — an obvious one
By
John O'Connor
Aug 28, 2017
Like so many other contemporary debates, the arbitration issue has degenerated into a talking-points battle.
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...
Winning with the help of Trump
By
Elizabeth Newman
Aug 09, 2017
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.
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...
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.