How do we use arbitration agreements? | Media Pyro

Q: What kind of restrictions do we have on arbitration agreements as part of the admissions process?

A: Although the Centers for Medicare and Medicaid Services have recognized the benefits of arbitration, there have been concerns that the “high cost control” of long-term care facilities could make residents more reluctant to sign up. arbitration agreement, and the amount of previous loss. -Arbitration agreements can jeopardize the safety of residents.

The U.S. Court of Appeals for the Third Circuit upheld the CMS rule that prohibits LTC facilities from signing a pre-dispute arbitration agreement. The law also gave residents the right to revoke the binding arbitration agreement within 30 days of signing and other rights.

In summary, CMS rules state that signing an arbitration agreement does not constitute admission to a facility or the intent to continue hosting a facility. This should be explained by the provider, and communicated in the appropriate language.

The parties must agree to the neutral mediator arriving at a time for one, including at a convenient location.

The consent must be given to the resident/representative with the right to revoke the consent within 30 calendar days of signing.

In addition, arbitration agreements must not contain any language that prohibits or discourages the resident/representative from communicating with federal, state, or local officials, particularly those agencies responsible for check for LTCs.

A copy of a signed agreement for binding arbitration between the parties must be kept by the institution for five years and be available for inspection.

Norris Cunningham, Esq, is a partner at Stoll Keenon Ogden, PLLC. Send him your legal questions at ltcnews@mcknights.com.

From the November 2022 Issue of McKnight’s Long-Term Care News