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...
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 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.
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...
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 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...
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...
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.
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.