nursing home arbitration agreement Archives - Page 6 of 7

Colorado Appellate Court Requires Nursing Homes To Strictly Comply With Arbitration Statute

October 1, 2016

In its decision filed on September 8, 2016, the Colorado Court of Appeals (“Appellate Court”) held that in deciding the enforceability of an agreement to arbitrate under the Health Care Availability Act (“HCAA”), the test is strict compliance (rather than substantial compl[...]

New Federal Rule Prohibits Pre-Dispute Nursing Home Arbitration Agreements

September 29, 2016

The U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) issued its final rule on September 19, 2016 that prohibits nursing homes in the United States that participate in the Medicare and Medicaid programs from entering into binding pre-dispute arbitration[...]

New Jersey Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

July 23, 2016

On June 9, 2016, the Superior Court of New Jersey Appellate Division (“Appellate Court”) issued a published opinion in which it reversed the trial court’s order requiring the parties to arbitrate the plaintiff’s nursing home negligence claims, holding that the arbitration pr[...]

Arkansas Supreme Court Orders Arbitration In Nursing Home Case

March 12, 2016

In its opinion filed on February 18, 2016, the Supreme Court of Arkansas (“Arkansas Supreme Court”) overturned a lower court’s decision that the nursing home negligence claims brought by the plaintiff were not subject to arbitration pursuant to an arbitration agreement signed by t[...]

Federal Appellate Court Affirms Kentucky Wrongful Death Claimants Not Bound By Nursing Home Arbitration Agreement

February 26, 2016

In its decision filed on January 15, 2016, the United States Court of Appeals For The Sixth Circuit (“Appellate Court”) affirmed that the wrongful death beneficiaries who filed a nursing home wrongful death claim in Kentucky were not bound by the nursing home arbitration agreement signed[...]

PA Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

November 11, 2015

In its opinion filed on October 27, 2015, the Supreme Court of Pennsylvania Middle District (“the Court”) upheld the lower court’s refusal to enforce a nursing home arbitration agreement because the arbitration agreement expressly relied, as part of an essential term, upon the Na[...]

Oklahoma Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

November 27, 2014

In its decision reached on November 25, 2014, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) ruled that the nursing home resident’s granddaughter did not have authority to sign the nursing home arbitration agreement on behalf of her grandmother, and that the[...]

Arkansas Appeals Court Rejects Nursing Home’s Attempt To Compel Arbitration

November 20, 2014

On November 19, 2014, the Arkansas Court of Appeals (“Appeals Court”) affirmed the trial court’s denial of a nursing home’s motion to compel arbitration of medical negligence and wrongful death claims filed by the deceased resident’s wife on behalf of his estate regardi[...]

Arkansas Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

September 28, 2014

On September 11, 2014, the Supreme Court of Arkansas (“Arkansas Supreme Court”) issued its opinion in a case where an Arkansas nursing home attempted to enforce the arbitration agreement it placed in the admission documents for a nursing home resident. The nursing home attempted to comp[...]

Alabama Supreme Court Decision Rejects Nursing Home Arbitration Agreement

March 27, 2013

On March 22, 2013, the Supreme Court of Alabama (“Alabama Supreme Court”) issued its decision in a case contesting whether a nursing home resident’s representative (one of the daughters of the nursing home resident) bound her father’s nursing home malpractice claim to be ar[...]

West Virginia Supreme Court Refuses To Enforce Nursing Home’s Arbitration Agreement

February 4, 2013

By its decision filed on January 24, 2013, the Supreme Court of Appeals of West Virginia (“Supreme Court”) refused a nursing home’s attempt to enforce an agreement to arbitrate a nursing home resident’s nursing home malpractice case. The Supreme Court held, “West Virgi[...]

Pennsylvania Superior Court Denies Arbitration For Nursing Home Wrongful Death Claim

November 21, 2012

According to a wrongful death claim filed in Pennsylvania, a nursing home resident had a scheduled appointment on November 3, 2010 with her treating physician for which the nursing home provided her with transportation. The nursing home’s “transporter” pushed the resident in a [...]

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