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?...
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...
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.
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...
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...
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...