Home -> Law Blog Directory -> Health Law Blogs -> HealthBlawg
OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Close This Box!
Nursing home arbitration agreements under fire
By David Harlow
An Illinois law bars the use of pre-dispute arbitration agreements signed at the time of admission. This law was upheld by the Illinois appellate court. The Supremes refused this past week to hear an appeal, letting the lower court ruling stand , despite the existence of a federal law that permits the enforcement of such agreements. Massachusetts has ruled in favor of the enforceability of arbitration agreements covering nursing home disputes. As I've written in the past, Federal legislation has been introduced that would have the same effect as the Illinois law, but arbitration (and mediation) are often far preferable to court process for resolution of many types of disputes.
David Harlow The Harlow Group LLC Health Care Law and Consulting
Full post as published by HealthBlawg on June 05, 2009 ( boomark
Related Law Blog Posts
Search Blog Directory:
Nursing Home Lobbyists Want to Limit Nursing Home Residents Access to the Justice System The debate over arbitration agreements for nursing home residents now has a new voice: the American Health Care Association and the National Center for Assisted Living, two lobbying groups for the nursing home industry, now argue that arbitration agreements would improve nursing home resident care...
Nursing Homes Hope to Limit Residents Rights; Congress May Take Action Increasingly, nursing home operators seek to get their new residents to sign mandatory arbitration agreements that make it mandatory for residents to arbitrate outside of a courtroom any disputes over their nursing home care, nursing home abuse, or even wrongful death...
Help Protect Nursing Home Residents By Supporting Legislation Eliminating Mandatory Arbitration On April 29, 2009, NCCNHR and Fair Arbitration Now Coalition will sponsor Arbitration Fairness Day. People are encouraged to show their support for the Fairness in Nursing Home Arbitration Act (S...
Support Fairness in Nursing Home Arbitration Act of 2009 (S. 512/H.R. 1237) Last week, two of the country?s largest arbitration firms said they are no longer handling consumer arbitration cases. In the Wall Street Journal, Ed Mierzwinski of U.S. PIRG said ?In the long run, I think that this is the beginning of the end of forced arbitration in all consumer contracts, from credit cards, to nursing homes to cell phones...
Nursing homes and arbitration agreements A year ago, I wrote about the 8th District’s decision in Hayes v. Oakridge Nursing Home, in which the court by 2-1 vote invalidated an arbitration clause in a nursing home contract between the home and a 94-year-old resident...
Nursing Home Arbitration Bill Approaches Senate Markup The nursing home legislation would ban pre-dispute arbitration agreements now widely used by long-term care facilities. The nursing home bill was passed by the House Judiciary Committee in July...
Case Law Update: State Rules Against Arbitration Agreement in Nursing Home Wrongful Death Suit Ward v. National Healthcare Corporation, No. SC89398 ruled that the family of Dorothy Lawrence can go forward with their wrongful death suit against a Missouri nursing home. Ms. Lawrence died while in the care of Beverly Manor due to injuries which she incurred after being dropped by employees...
Niles Nursing Home Fire Extra: Nursing Home Had Previous Fire Safety Deficiencies The Niles, IL nursing home fire that claimed the lives of two residents and critically injured two other nursing home residents has unearthed more information on the nursing home?s safety record...
Search Blog Directory:
Related Law Articles
Lawsuits and Settlements