Families who want to take in a loved one in a nursing home are often under pressure to act quickly and cannot thoroughly review a care home contract before signing. There is also a disconnect in bargaining power between a potential caregiver`s family and a large care company, and the resident`s family may feel powerless to negotiate the terms of the contract. When an institution decides to require a resident or his or her representative to enter into a binding arbitration agreement, the entity must meet the following requirements: 2. Take into account the power requirement – the powers may contain a provision that expressly prevents the agent from accepting a mandatory arbitration procedure. This has not been negotiated, but there are decisions of other jurisdictions that complain that an arbitration clause is not applicable if the party was not entitled to accept arbitration proceedings (for example.B. if the arbitration agreement was signed by a health worker who was not entitled to waive the right to jury proceedings). Some care home contracts may stipulate that claims against the care home are subject to arbitration in a given jurisdiction that is not always a city or state suitable for the care home occupant or his or her family. For example, a chain of care homes headquartered in Delaware could require that all disputes be submitted to arbitration in Delaware and that they be adjudicated under Delaware law. While it is completely legal, ignorant families of potential residents cannot read the fine print of a nursing home agreement and untnowingly sign a contract by which they waive some of their rights. In short, the obligation to explain is contrary to the established principle that every person has a duty to read and understand the terms of a contract before signing it. But for now, the institutions must implement procedures in order to avoid investigative guidelines and, possibly, to preserve the applicability of their agreements. Such a practice is a brief summary sheet that admissions staff can read to residents and resident representatives and then include it in admission packages along with signed arbitration agreements. You can find a standard form here.
Institutions should check this form by their own lawyer and tailor it to their specific needs. 4. If you can`t beat them – If the resident has received a request for arbitration, check the claim and arbitration rules carefully. Applications for arbitration are less onerous than legal claims. For example, our office recently represented a client facing arbitration for non-payment. The rules of the National Arbitration Forum (CNAF), often referred to as an arbitrator in nursing home agreements, required an “explanation” of each party`s claims and defenses. Instead of writing formal liability briefs, we simply attached a copy of my claim letter 93A to my “response” and “third party claim” against the previous guardian. . .