Arbitration Nursing Home Contracts: What You Need to Know
When a loved one moves into a nursing home, it can be a difficult decision to make. You want to ensure that your loved one is receiving the best care possible, but you also want to be sure that they are protected in case anything goes wrong.
One way that nursing homes attempt to protect themselves is by including an arbitration clause in their contracts. This means that if there is a dispute between the nursing home and the resident, they agree to resolve it through arbitration rather than going to court.
While arbitration can be faster and less expensive than going to court, it can also be less transparent and less favorable to the resident. This is because arbitration proceedings are often confidential and there is no jury to decide the outcome.
If you are considering a nursing home for your loved one, it is important to be aware of any arbitration clauses in their contract. You should also be aware that you have the right to negotiate the terms of the contract and to refuse to sign if you are not comfortable with the terms.
It is also important to note that the Centers for Medicare and Medicaid Services (CMS) has recently issued a rule that prohibits nursing homes that participate in Medicare or Medicaid from requiring residents to sign arbitration agreements as a condition of admission. However, this rule is currently being challenged in court and its future is uncertain.
In addition to reviewing the contract for arbitration clauses, you should also research the nursing home`s reputation and history of complaints. You can use resources such as Medicare`s Nursing Home Compare website to find information about the quality of care provided by different nursing homes.
If you do find yourself in a dispute with a nursing home and there is an arbitration clause in the contract, it is important to consult with an attorney who has experience with nursing home arbitration cases. They can help you navigate the process and ensure that your loved one`s rights are protected.
In conclusion, arbitration clauses in nursing home contracts can be a cause for concern for families considering a nursing home for their loved one. It is important to be aware of these clauses and to negotiate the terms of the contract if necessary. Researching the nursing home`s reputation and consulting with an attorney if necessary can also help protect your loved one`s rights.