Nursing home arbitration agreements · Missouri
Nursing home arbitration agreements: what you signed, and your right to cancel
A nursing home arbitration agreement says any dispute will go to a private arbitrator instead of a court and jury. Under federal rules, a Medicare or Medicaid home cannot make you sign one to get in. You also have 30 calendar days after signing to cancel it.
What an arbitration agreement is
Arbitration is a private way to settle a dispute. A hired arbitrator hears the case, not a judge and jury. The decision is usually final, with very little chance to appeal.
Nursing homes often put an arbitration agreement in the stack of admission papers. Families sign it on a hard day, often without knowing what it is. If your loved one is later hurt, the home may ask a court to send the case to arbitration. The mediation and arbitration page explains how arbitration works in general.
The federal rules on nursing home arbitration
Nursing homes that take Medicare or Medicaid must follow a federal rule on these agreements (42 CFR 483.70(m)). Under it:
WHAT THE FEDERAL RULE REQUIRES
- The home may not make signing a condition of admission, or of staying in the home.
- The home must clearly tell you that you have the right not to sign.
- The agreement must give you the right to cancel it within 30 calendar days of signing.
- The agreement must call for a neutral arbitrator that both sides agree on.
- It must call for a place that is convenient for both sides.
- It may not stop or discourage anyone from talking with federal, state or local officials, including state surveyors and the ombudsman.
- The home must keep a copy of the signed agreement, and any decision, for 5 years.
30 days
The time to cancel a nursing home arbitration agreement after signing it, under the federal rule for Medicare and Medicaid homes. Source: 42 CFR 483.70(m).
If you are about to sign admission papers
- Ask the admissions staff which papers are required and which are optional.
- Look for the words “arbitration” or “dispute resolution”. They may be a separate form or a section of a longer one.
- You may leave it unsigned. Admission cannot depend on it.
- Ask for a copy of every paper you sign.
If you already signed
Check the date you signed. If fewer than 30 calendar days have passed, you can cancel it. Do it in writing. Keep a copy, and get proof the home received it, such as a signed receipt or certified mail.
If more than 30 days have passed, do not assume the agreement ends your options. Whether it can be enforced may depend on who signed it, whether they had legal power to sign for the resident, what the papers say, and whether the home followed the federal rule. These are questions for a lawyer to review with the actual papers in hand.
An arbitration agreement also does not stop you from reporting abuse or neglect. You can still call the Missouri Adult Abuse and Neglect Hotline at 1-800-392-0210. It is open 7 a.m. to 8 p.m., seven days a week, and you can also report online through the state health department.
How the firm can help
Bring the full admission packet to the first meeting, not just the arbitration page. Your first meeting about a nursing home injury is free. Everything else is discussed in person. Harjot Singh Padda, JD will read the papers and explain what they mean for a claim. Many nursing home claims also follow Missouri’s two-year deadline for health care providers (RSMo 516.105 and 538.205), so do not let a question about arbitration delay a review.
Common questions
Do I have to sign the arbitration agreement to get my mother admitted?
Not at a Medicare or Medicaid home. Federal rules forbid making it a condition of admission. See the nursing home neglect overview.
How do I cancel an arbitration agreement?
In writing, within 30 calendar days of signing. Keep proof it was received. See what to bring to your consultation.
Does arbitration mean we cannot file a claim at all?
No. It changes where the claim is heard, if it is enforced. Read about mediation and arbitration.
Can an arbitration agreement stop me from reporting abuse?
No. The federal rule bars language that discourages contact with officials. See nursing home abuse.
My dad died, and the home points to an arbitration paper. What now?
Wrongful death claims belong to certain family members. Whether the paper binds them is a legal question. See wrongful death claims.
Related reading
Sources
- 42 C.F.R. § 483.70(m) (binding arbitration agreements). Legal Information Institute, Cornell Law School
- 42 C.F.R. § 483.1 (Part 483 applies to Medicare and Medicaid nursing facilities). Legal Information Institute, Cornell Law School
- Mo. Rev. Stat. § 538.205 (“health care provider” includes long-term care facilities). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.105 (two-year limit for actions against health care providers). Missouri Revisor of Statutes
- Missouri Department of Health and Senior Services, Adult Abuse and Neglect Hotline, 1-800-392-0210. Missouri DHSS