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...
9 tips for effective arbitration agreements
By
Lois A. Bowers
May 08, 2017
Attorneys working in senior living discuss the benefits of pre-dispute arbitration agreements and share tips for operators creating or reworking theirs.
Employee handbook language makes senior living provider’s arbitration policy ‘unenforceable,’ court...
By
Kimberly Bonvissuto
Jul 31, 2023
A senior living provider’s employee arbitration agreement is “unenforceable” because the company reserved the right to unilaterally alter the policy without advance notice, a court has ruled.
5 big issues in senior living in 2016
By
Lois A. Bowers
Dec 29, 2016
Looking back on our coverage of the senior living industry and the issues that affected it in 2016, several common themes emerge. Five are detailed in this year-end review.
Electronic signatures are new arbitration agreement challenge
By
Kathleen Steele Gaivin
Feb 07, 2024
Electronic signatures in arbitration agreements pose a potential challenge for employers, according to attorney Michael Kun, co-chair of law firm Epstein, Becker & Green’s wage and hour practice group.
On the path to additional oversight?
By
John O'Connor
Aug 04, 2016
Assisted living operators increasingly are serving residents with severe physical and cognitive challenges, are accepting Medicaid dollars and are getting into trouble while doing so. In other words, they...
Operators seek resolution to these issues in the new year
By
Lois A. Bowers
Jan 03, 2017
Several regulatory issues remain unresolved for senior living operators as 2017 begins.
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...
Brookdale staffing not based on resident needs, lawsuit maintains
By
Lois A. Bowers
Apr 06, 2017
Brookdale Senior Living misleads prospective residents and their families by indicating that it uses its resident assessment system to tailor care to residents’ needs and to staff its communities...