1. David, as you pointed out, arbitration in nursing homes and assisted living facilities is fast, fair, efficient for residents, their families, and the facilities. And to maintain these advantages, best practices need to be adhered to. A component of these best practices is referencing a set of rules that courts and arbitrators are familiar with and have enforced time after time. In addition, referencing the rules of a reputable, national ADR administrator can avoid having to draft lengthy provisions in the agreement concerning how the arbitration will proceed, how the arbitrator will be selected, fee provisions, etc.

    Keith Maurer, Esq.
    Director of Healthcare and Insurance ADR Services
    National Arbitration Forum (FORUM)

  2. Keith, I certainly agree. The AHLA ADR service (linked to in the body of the post, above) has med and arb rules, as well as suggested contract language – which I use on a regular basis in agreements I prepare.


  1. Bad idea: proposed nullification of pre-dispute arbitration agreements affecting nursing facility residents

    From today’s mailbag, courtesy of the American Health Lawyers Association:Proposed legislation would nullify certain pre-dispute arbitration agreements.CQ (3/4, Kim) reports, “Rep. Linda T. Sanchez (D-CA) has introduced a bill that would make pre-dispu…