These agreements, usually part of admission paperwork, commit disputes to arbitration. Federal rules require that they be explained, that signing not be a condition of admission, and that residents be given time to rescind.
Challenges focus on the signer's authority, unconscionability, and compliance with the federal requirements.
Alternative Names:
LTC Arbitration Agreement, Facility Arbitration Clause
Why it Matters?
Arbitration typically reduces exposure substantially by removing the jury, limiting discovery, and capping the practical ceiling on damages, which is why enforcement motions are filed early and litigated hard. The determinative issue is almost always whether the person who signed had legal authority to bind the resident, since a health care surrogate's authority to make medical decisions does not necessarily include waiving the right to a jury trial.
Frequently Confused with
Related terms
Frequently asked questions
Can signing arbitration be required for admission?
What most often defeats enforcement?
