A coalition of states has joined together to oppose the Administration proposal to end the ban on pre-dispute arbitration agreements used by nursing homes. This band arises from a final rule promulgated in October of 2016. Meanwhile, though the American Health Care Association supports ending the ban, it also opposes other provisions seeking to impose more regulation on the agreements themselves and submitted those in comments to the proposed new rule. … [Read more...] about Status on Pre-Dispute Arbitration Agreement
Alabama Supreme Court Upholds Arbitration Agreement Signed by Nursing Home Resident’s Daughter
In April of this year, the Alabama Supreme Court, in Tennessee Health Management, Inc. v. Carol J. Rousseau Johnson, as personal representative of the estate of Dolores J. Rousseau, deceased (CV-08-900469) held that a nursing home resident “passively permitted” her daughter to sign an pre-admission arbitration agreement on her behalf. As a result, the woman’s estate was forced to settle its dispute with the nursing home through arbitration. Dolores J. Rousseau was admitted to Millennium … [Read more...] about Alabama Supreme Court Upholds Arbitration Agreement Signed by Nursing Home Resident’s Daughter
The Fairness in Nursing Home Arbitration Act of 2008
Congress is considering the Fairness in Nursing Home Arbitration Act of 2008, which make pre-admission arbitration agreements invalid and unenforceable. The House Judiciary Subcommittee on Commercial Law and Administrative Law just approved the bill and refused amendments which would prevent it from being applied retroactively, among other things. Specifically, the bill: ...requires that agreements to arbitrate nursing home disputes be made after the dispute has arisen and not at the time … [Read more...] about The Fairness in Nursing Home Arbitration Act of 2008
