By: S.C. Lawyers Weekly Staff//September 11, 2023 While the Adult Health Care Consent Act gave patient Betty’s son, Kaileb, authority to sign a nursing home Admission Agreement on behalf of Betty, the AHCCA did not give Kaileb authority to sign a separate Arbitration Agreement on Betty’s behalf. Although Kaileb signed both agreements at the same

McKnight’s had an article recently discussing the nursing home industry requiring residents to waive their constitutional right to a jury trial to recenive taxpayer funded long term health care. Arbitration should not be required as a condition of admission. CMS prevents nursing homes from requiring such agreements in order for residents to start or continue receiving

The Forced Arbitration Injustice Repeal Act (FAIR) Act would ban forced mandatory pre-dispute arbitration clauses in nursing home cases. The bill would ensure that Americans can have their constitutionally guaranteed day in court. Increasingly, the nursing home industry uses these unfair clauses to shield themselves from accountability in the courts.  The arbitration is often (but

Section 4 According to Section 4 of the Federal Arbitration Act, a jury trial is necessary to determine if an arbitration agreement is enforceable: The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall

The Centers for Medicare & Medicaid Services’ 2019 rule prohibits nursing homes from forcing residents to sign binding arbitration agreements as a condition of admission to the facility, or as a requirement to continue receiving care. Today is the day surveyors will begin using new guidance to check for compliance since the rule’s Sept. 16, 2019 effective