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Forced Arbitration Agreements in Long-Term Care Facility Admission Contracts

What is Pre-Dispute Arbitration?

Arbitration agreements take away your right to hold your nursing home accountable in court, for any and all potential negligence or wrongdoing. “Pre-dispute” arbitration agreements require you to give up this right before the harm even occurs so you will never have the chance to decide if going to court is the right option for you.  

What are your rights?  

Residents, when you enter a nursing home, you may be presented with a pre-dispute arbitration agreement. It could be buried within your admission contract or it might be a separate form. Federal regulations give you a number of rights that protect you when confronted with an agreement.  

  • You have the right to refuse to sign. If it is in your admission contract, CROSS IT OUT. Put your initials and the date next to it. If it is a separate form, DO NOT SIGN IT.
  • A nursing home cannot deny you admission or discharge you because you do not sign an arbitration agreement.  
  • If you signed an arbitration agreement, you must be allowed to rescind (undo) the agreement within 30 days.  

Final Rule on Arbitration Agreements

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