Arizona AG secures second win against use of ‘secrecy clauses’ in senior living arbitration agreements
By
Kimberly Bonvissuto
Jul 02, 2024
The use of so-called “secrecy clauses” in assisted living and nursing home arbitration agreements hit another snag after Arizona’s top attorney announced a second settlement affecting dozens of long-term...
Assisted living arbitration agreement not enforceable in case involving resident death, judge rules
By
Lois A. Bowers
Apr 11, 2017
The family of an assisted living resident can sue the community where he lived in a case related to his death despite having signed an arbitration agreement, a Minnesota judge has ruled.
COVID-19 oversight, accountability, transparency at ‘CORE’ of legislation
By
Kimberly Bonvissuto
Jun 17, 2020
A group of congressional Democrats has introduced legislation intended to ensure “stronger oversight, accountability and transparency in the federal government’s response to the COVID-19 crisis.”
Settlement removes ‘secrecy clauses’ from assisted living operator’s arbitration agreements, and...
By
Kimberly Bonvissuto
Mar 05, 2024
A settlement that ends a senior living community’s arbitration agreement “secrecy clauses” is being called a “big win” by Arizona’s top attorney, who said she will move to strike down such...
Federal Arbitration Act applies to states, too, Supreme Court says
By
Lois A. Bowers
May 15, 2017
A resident representative holding power of attorney can be bound by an arbitration agreement that he or she signs on behalf of the resident, the U.S. Supreme Court ruled Monday, asserting that states are...
Arbitration ban: AHCA sues CMS, NCAL worries about states
By
Lois A. Bowers
Oct 17, 2016
The American Health Care Association filed a lawsuit Monday challenging the legality of the Centers for Medicare & Medicaid Services’ recently issued ban on pre-dispute arbitration agreements in...
A temporary reprieve?
By
John O'Connor
Dec 01, 2016
A new federal rule that would have disallowed arbitration agreements during resident admissions has been put on hold, at least for now.
A ray of hope in the midst of the pandemic: A legal pathway forward
By
Matt Keenan
Brad Bodamer
Jun 01, 2020
Just as there is hope on the medical horizon in the COVID-19 battle, all is not lost in our courthouses for long-term care providers. The pathway forward for the industry may not be as bleak as it first...
$900,000 arbitration decision shines spotlight on independent living
By
Lois A. Bowers
Feb 20, 2017
Regulation of independent living and the elimination of mandatory arbitration agreements might prevent events like the one that led to an arbiter’s decision that a Virginia operator pay $900,000...
Senior living prepares for Trump presidency
By
Lois A. Bowers
Nov 09, 2016
Leaders of organizations representing operators and others in senior living say they look forward to working with President-elect Donald J. Trump and members of his administration to advance causes important...