Nursing home arbitration agreements under fire

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.  […]

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-dispute arbitration agreements between long-term care facilities and residents invalid and unenforceable." According to Sanchez, "Arbitration agreements are often buried in overly […]

Mediation and arbitration of disputes between nursing facilities and their residents

Less than two months ago, Massachusetts joined a number of other states whose courts have recognized the enforceability of agreements to arbitrate disputes between nursing facilities and their residents (or residents’ families or other legal representatives).  See Miller v. Cotter, 448 Mass. 671 (2007).  (Alternate link to opinion here.)  This is a trend that is […]