nursing home arbitration agreements Archives - Medical Malpractice Lawyers

Federal Appellate Court Upholds CMS’ Revised Rule Regarding LTC (Nursing Home) Arbitration Agreements

October 8, 2021

The United States Court of Appeals for the Eighth Circuit (“Federal Appellate Court”), in its opinion dated October 1, 2021, affirmed the decision of the district court granting summary judgment in favor of the U.S. Department of Health and Human Services (HHS) and the Centers for Medica[...]

Indiana Appellate Court Holds Arbitration Agreement Trumps Indiana Medical Malpractice Act

October 8, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”), in its opinion filed on September 2, 2020, held in an Indiana medical malpractice wrongful death case where the parties had agreed at the time the decedent was admitted to the defendant nursing home to arbitrate any legal claim[...]

California Appellate Court Refuses To Compel Arbitration Of Nursing Home Wrongful Death Claims

June 22, 2020

The Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) held in its unpublished opinion dated April 29, 2020, “although defendant [nursing home] moved to compel both plaintiffs to arbitrate all of their claims, includin[...]

Nursing Home Insurer Admits Arbitration Agreements Financially Benefit Nursing Homes By Reducing Claims

December 4, 2019

HealthCap Risk Management & Insurance (“HealthCap”), which is “an insurer solely dedicated to senior care communities,” posted a video discussing arbitration agreements in nursing home admission documents, seemingly unaware that it was admitting that forced arbitration o[...]

CMS Issues Final Rule Regarding Nursing Home Arbitration Agreements

July 19, 2019

On July 18, 2019, the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (“CMS”) published its final rule regarding arbitration agreements in nursing home admission documents. According to CMS, “This final rule amends the requirements that Lon[...]

Alabama Supreme Court Refuses To Compel Arbitration In Nursing Home Death Case

October 22, 2018

The Supreme Court of Alabama (“Alabama Supreme Court”) held in its opinion filed on October 5, 2018 that the daughter of a resident of the defendant nursing home did not have the authority to bind her father to the arbitration agreement contained in the nursing home admission documents, [...]

New Jersey Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Based On Equitable Estoppel

June 12, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) refused to enforce an arbitration agreement in a New Jersey nursing home wrongful death action. In its unpublished opinion filed on May 21, 2018, the New Jersey Appellate Court held that there is no eviden[...]

U.S. Supreme Court Reverses Kentucky Supreme Court Decision Regarding Nursing Home Arbitration Agreements

May 17, 2017

The U.S. Supreme Court issued its decision on May 15, 2017 that reversed the Kentucky Supreme Court’s holding in two nursing home arbitration agreement cases that declined to give effect to the two arbitration agreements executed by individuals holding powers of attorney. The Kentucky Supreme [...]

South Carolina Appeals Court Affirms Refusal To Compel Arbitration In Nursing Home Case

March 13, 2016

In its opinion filed on March 2, 2016, the South Carolina Court of Appeals (“Appellate Court”) affirmed the lower court’s denial of the defendant nursing home’s motion to compel arbitration regarding the plaintiff’s wrongful death and survival action arising out the n[...]

16 State Attorneys General Voice Opposition To Pre-Dispute Nursing Home Arbitration Agreements

October 28, 2015

Sixteen state attorneys general in the United States have written to the Centers for Medicare and Medicaid Services, voicing their opposition to pre-dispute nursing home arbitration agreements, stating that “pre-dispute binding arbitration agreements are harmful to residents of long-term care[...]

Kentucky Supreme Court Denies Enforcement Of Pre-Dispute Arbitration Agreements In Three Nursing Home Cases

October 7, 2015

In its opinion filed on September 24, 2015 in three consolidated cases involving the alleged wrongful death of three nursing home residents due to nursing home negligence, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that in two of the cases, the authority to enter in[...]

Nursing Home Pre-Dispute Arbitration Agreements: Good For Business, Bad For Residents

August 15, 2015

Nursing homes throughout the United States are increasingly including pre-dispute arbitration agreements in admission documents at the time that nursing homes residents are admitted into the nursing home. When a loved one is admitted into a nursing home, either for short-term physical rehabilita[...]

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