3. Too late – If the resident has already signed an agreement providing for arbitration, check that the party signing the agreement has sufficient powers to retain the resident and that the arbitration clause is not ruthless. Ask a lawyer to check the arbitration rules in force to ensure that the proceedings have adequate procedural safeguards (for example.B. is the arbitrator required to apply the substantive law of the court?) In any event, the arbitration agreement must not oblige the resident to waive her right to lodge a complaint against the institution with DPH or to request a hearing on a notice of dismissal or transfer. Tom Robenalt began his career as a trial attorney for nursing homes at a large law firm in Cleveland. For the past 25 years, he has used this experience to help victims and families of people injured by negligent health care providers. Conclusion. As part of good business practices and customer service, the industry has implemented many of the requirements of the final rule itself. For most providers, the final rule of arbitration should not result in massive revisions in packages or approval processes. However, for providers who require arbitration agreements as a condition of approval or who resume arbitration as a mandatory element of the agreement, it is necessary to make substantial and timely amendments, given that cmS has only allowed sixty days of compliance.
For everyone else, the most difficult new requirement will be the duty to explain the agreement in a form and language that both the resident and the resident`s representative understand. To that end, we hope that a variant of the attached declaration form will prove useful. In addition, we have included below a brief reformulation of the main requirements of the final rule, which contain other simple provisions that we have not discussed in this article. For more information or assistance in updating your institution`s arbitration program, please contact Jason Bring or Jerad Rissler. Voluntary mediation. The most notable provision of the Final Rule requires that arbitration agreements be a voluntary, not a mandatory, part of the admission procedure. Therefore, facilities whose admission agreements contain arbitration provisions that must be accepted by residents as a condition of admission must update their agreements for new patients or risk breaches and challenges to the validity or application of their arbitration agreements in the investigation. .