National Trends In Admission Contract Arbitration Agreement Enforcement
As long term care providers have suffered the weight of extraordinary increases in their insurance premiums and a trend toward larger jury verdicts, the providers and their insurers have investigated means of reducing the costs of managing risk and defending claims related to the care and services provided at their facilities. One such method is for a long term care provider to require its residents to sign an agreement that all disputes related to the services or professional care provided by the facility be subject to private arbitration rather than argue the claim in a court of law. This article does not endeavor to comment on the overall savings of arbitration versus trial, but simply looks to various courts’ interpretations of the enforceability of various arbitration clauses in the context of long term care. View full article (PDF).