Nursing Homes, Long Term Care Facilities and Arbitration Agreements

You do not have to sign an arbitration agreement. Generally, a nursing home is not permitted to refuse admission because of a patient or family member’s refusal to sign an arbitration agreement. Arbitration is a proceeding where you agree to give up your right to a jury trial and instead agree to resolve any dispute against the nursing home in a private proceeding.

Many nursing homes now ask residents or family members to sign an arbitration agreement when the resident is admitted to the facility. We suggest that under no circumstances should you sign an arbitration agreement. A nursing home may not require you sign the arbitration agreement as a condition of admission. If they do, REFUSE. Again, there is absolutely no benefit to you or the resident to sign an arbitration agreement. Arbitration agreements only benefit the nursing home. If a dispute arises, you can, after consultation with an attorney, agree to arbitrate the dispute.