Deficiency in Arbitration Agreement Language
Penalty
Summary
The facility failed to include explicit language in their Arbitration Agreement to inform residents or their representatives of their right not to sign the agreement as a condition of admission or continued care. This deficiency was identified through a review of the facility's admission packet, which included an Arbitration Agreement titled 'Voluntary, Binding Arbitration.' The agreement did not contain any language explicitly stating that signing was not a requirement for admission or continued care. Additionally, the agreement lacked language allowing residents or others to communicate with federal, state, or local officials, including representatives of the Office of the State Long Term Care Ombudsman. During interviews, the Licensed Nursing Home Administrator (LNHA) and the Admissions Director confirmed the absence of such language in the arbitration agreement. The LNHA acknowledged that the agreement did not explicitly state that signing was not a condition for admission or continued care. Furthermore, the LNHA confirmed that the agreement did not allow for communication with federal, state, or local officials, although an Ombudsman notification form was included in the admission agreement. This oversight has the potential to affect all residents who signed the binding arbitration clause.
Plan Of Correction
1/15/25 Plan of Correction F847 Level F Completion Date: 1/15/2025 Corrective Action: Admissions Agreement changed to reflect appropriate language in regards to Voluntary Binding Arbitration. Admissions Agreement now will state THIS AGREEMENT IS OPTIONAL FOR RESIDENTS AND FACILITY. ADMISSION TO THE FACILITY IS NOT CONDITIONAL UPON A RESIDENT'S WILLINGNESS TO ENTER INTO THIS AGREEMENT. Appropriate officials and departments for the New Jersey Department of Health and Human Services Division of Aging and Long-Term Care Ombudsman contact information added to Admissions Agreement. Added information will be available to those individuals who have previously signed admissions agreements prior to the above changes being made. ID Other Residents: Any resident or Responsible Party who sign an Admission Agreement. Systemic Change: In-service Updated Admissions Agreement to the Admissions Department by the LNHA completed by 1/15/2025. Monitoring: Audit - Admissions Agreement will be completed on the following schedule: (4) weekly x 2 weeks then (4) monthly x 2 months then (4) quarterly x 1 quarter by the Admissions Coordinator. Results of the audits will be brought to QA/QAPI on a quarterly basis x 3 quarters.