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...
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...
Long-term care providers: plenty of reasons to look over the shoulder
By
James M. Berklan
Jul 18, 2012
As if sobering news weren’t in deep enough supply for long-term care providers, we’ve been reminded again why the threat of getting sued usually lingers in the back of the mind.
Terminations without litigation in the nursing home industry: Part Three
By
Howard Kurman, Esq. & Julius Steiner, Esq.
Aug 23, 2012
Terminations today pose far more legal risk than they did even 20 years ago. Irrespective of the size of the employer, a disgruntled employee who has been involuntarily terminated is likely to challenge...
More frivolous lawsuits ahead? You can bank on it
By
John O'Connor
May 09, 2016
Eldercare service providers would be well advised to watch proposed arbitration rules that have been aimed primarily at banks — for now.
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.
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.