Making the decision to admit a family member into a nursing home is never easy. It’s an emotional process. It also involves filling out a lot of paperwork before you or your loved one gets settled in.
One document that is commonly presented to incoming nursing home residents is a pre-dispute arbitration agreement. Be careful when reading this form. If you sign it, you could be signing away your rights to take the nursing home to court if they are negligent or abuse your loved one.
If you or someone you love is the victim of nursing home abuse in Las Vegas, let an elder abuse lawyer at THE702FIRM Injury Attorneys review your case. We can read the fine print and determine what legal actions you can take to hold the facility or its workers accountable for their negligence.
With proper legal representation, you can protect the health and safety of nursing home residents in Nevada and seek compensation for your injuries. Call or contact us today for a free consultation.
What is a Pre-Dispute Arbitration Agreement?
A pre-dispute arbitration agreement is a clause you sign before any disagreement arises. It typically says that if a dispute arises, it will go through a private or neutral arbitrator instead of a judge or jury. This clause often appears in nursing home contracts, including nursing home admission agreements. Federal regulations allow such agreements if the nursing home facility and the resident or her representative understand the terms. These dispute arbitration agreements aim to resolve issues without using the court system.
Do I Have to Sign a Nursing Home Arbitration Agreement for Admission?
Under federal law, you are not required to sign an arbitration agreement as a condition for admission into long-term care facilities. Centers for Medicare & Medicaid Services (CMS) issued a final rule that forbids nursing homes from forcing residents or family members to accept a binding arbitration agreement before they receive care. When reviewing an admission agreement, you can refuse a pre-dispute arbitration clause. If staff claim it is required, you may contact state surveyors or local officials for guidance.
Can a Nursing Home Refuse Admission or Care if We Don’t Sign the Arbitration Agreement?
A nursing home cannot refuse continued care or deny admission solely because you will not sign an arbitration agreement. Federal regulations and some state law provisions protect nursing home residents from this practice. If a facility tries to prevent residents from moving in unless they agree to binding arbitration, that may violate CMS rules. You can reach out to your state health department employees if you believe your constitutional right to choose is being ignored.
Does Signing an Arbitration Agreement Mean I Can’t Sue the Nursing Home?
In most situations, signing an agreement for binding arbitration often means you waive your option for a jury trial. Instead, a neutral arbitrator agreed upon by both sides would hear the dispute during the arbitration process. However, this does not always stop you from seeking legal remedies. In some cases, courts can set aside an arbitrator’s final decision if the agreement was unfair or the nursing home did not explicitly inform you of your rights. It is wise to read the fine print and understand the consequences before you sign an arbitration agreement.
Are Nursing Home Arbitration Agreements Enforceable, and Can They Be Challenged?
In many instances, arbitration agreements in nursing homes are enforceable if they meet federal regulations and state law standards. Yet you can challenge such contracts if the facility failed to explicitly inform you of the terms, if the contract was signed under pressure, or if the clauses were confusing. Some states also review hearsay evidence and other factors to see if the agreement was unconscionable. Courts might invalidate an arbitration clause if it is not in the resident’s best interest.
What if I Have Already Signed the Arbitration Agreement? Can I Revoke It or Get Out of It?
If you have already signed agreement documents with a pre-dispute arbitration clause, your options depend on the laws of your state. Some states allow a short window to revoke a signed agreement, while others require you to show that it was entered under duress or that you did not understand its terms. If you have questions about your binding arbitration agreement, it may help to seek legal advice. This content is for general information and does not create an attorney-client relationship. You can also consult local officials or a nursing home abuse lawyer for free if you feel the agreement was presented unfairly.
Is THE702FIRM Injury Attorneys Right for Me?
If you are admitting yourself or a loved one into a nursing home, the Las Vegas nursing home abuse lawyers at THE702FIRM Injury Attorneys can ensure that it’s done right. We will review any paperwork the nursing home asks you to sign, inform you of your rights, and protect them at all times. If you have already signed a pre-dispute arbitration and are now the victim of abuse or neglect, we can also look at your legal options under Nevada law.
Nursing home residents should be treated with dignity. That’s what you’ll get at THE702FIRM Injury Attorneys. Call us today or contact us online for a free case review.
