Widely used ‘secrecy’ clauses under fire in nursing home arbitration case
By
Kimberly Marselas
May 21, 2024
Arizona’s attorney general is attempting to intervene in a civil lawsuit against a nursing home, arguing the facility’s attempt to compel arbitration and enforce a “secrecy clause” makes a signed...
Health lawyers to tackle arbitration, HITECH and health reform at annual meeting
Jun 25, 2010
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...
Ask the Legal Expert about … arbitration agreements
By
John Durso
Dec 06, 2017
There has been so much in the news about arbitration agreements over the past year. Are we in the clear and can we use them again?
Ask the legal expert … about arbitration agreements
By
John Durso
Apr 01, 2013
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?...
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 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...
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.
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...