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Nursing home arbitration agreements under fire

June 5, 2009

An Illinois law bars the use of pre-dispute arbitration agreements signed at the time of admission.  This law was upheld by the Illinois appellate court.  The Supremes refused this past week to hear an appeal, letting the lower court ruling stand, despite the existence of a federal law that permits the enforcement of such agreements.  Massachusetts has ruled in favor of the enforceability of arbitration agreements covering nursing home disputes.  As I've written in the past, Federal legislation has been introduced that would have the same effect as the Illinois law, but arbitration (and mediation) are often far preferable to court process for resolution of many types of disputes.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

Filed Under: ADR, Arbitration, Health care policy, Health Law, Mediation, Nursing Facilities

you might also like:

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

  2. Mediation and arbitration of disputes between nursing facilities and their residents

  3. OIG review finds about 1/3 of all Medicare nursing home stays had inadequate care, care planning or discharge planning

« Grand Rounds Vol. 5, No. 37: The June Is Bustin' Out All Over Edition
Health Care Reform: Two out of Three Ain't Bad? »

Comments

  1. CNA Class says

    July 3, 2009 at 12:48 pm

    My father is a nursing home administrator. According to him, it’s the labor agreements that make it almost impossible to run a quality profitable facility.

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