Deficient Arbitration Agreement Process
Penalty
Summary
The facility's arbitration agreements were found to be deficient in ensuring a neutral and fair arbitration process for three residents who had signed these agreements. The agreements stipulated that the arbitration would be administered by an arbitrator services company designated by the facility. If this company was unable or unwilling to serve, the facility would then select an alternative arbitration service. This process did not guarantee that both parties would mutually agree upon a neutral arbitrator unless the facility's chosen arbitrator was unavailable. The deficiency was identified during a review of the arbitration agreements signed by three residents and confirmed through interviews with the Nursing Home Administrator and the Director of Nursing. The facility's current arbitration agreements did not provide for mutual selection of a neutral arbitrator, which was confirmed by the Nursing Home Administrator. This failure to ensure a neutral arbitration process was in violation of resident rights and management responsibilities as outlined in the relevant state codes.
Plan Of Correction
1. Residents #19, 62 and 68 have been offered a new arbitration agreement which meets compliance. 2. Administrator / Designee will conduct a sweep of all current in-house residents to identify who has a signed arbitration agreement not meeting the required language. 3. Administrator / designee will contact NV legal representatives to seek assistance in reconstructing an Arbitration Agreement that meets regulatory requirement. A regulatory compliant arbitration agreement will be re-offered to all current residents/ patient reps. 4. Administrator / designee will conduct random audits of new admissions, weekly x4 weeks and then monthly x 3 months. Results of the audits will be submitted to the QAPI team. 5. Date of Compliance 1/30/2025