Arbitration Agreement Rescission Period Not Clearly Defined
Penalty
Summary
The facility failed to ensure that the binding arbitration agreement explicitly granted residents or their representatives the right to rescind the agreement within 30 calendar days of signing it. This deficiency affected 18 out of 102 current residents who had signed the arbitration agreements. The facility's log indicated that these residents signed the arbitration agreement, which was not a requirement for admission. The Internal Admissions staff person confirmed that she usually read the Voluntary Binding Arbitration Agreement to the residents or their representatives within 48 hours of admission and acknowledged that the agreement could be rescinded, but she was unsure of the exact time frame. Upon review, it was found that the arbitration agreement allowed rescission within 30 days of the resident's date of admission, not from the date of signature. The Regional President of Operations acknowledged that the wording did not explicitly grant the 30-day rescission period from the date of signing, which could potentially affect residents if the signing date differed from the admission date. However, it was noted that no residents had requested to rescind the agreement, suggesting that the issue had not yet impacted any residents.
Plan Of Correction
A) What corrective action(s) will be accomplished for those residents found to have been affected by this practice? a. On NHA notified current, in-house residents or their RP of update to Arbitration Agreement. B) How will you identify other residents having the potential to be affected by the same practice, and what corrective action will be taken? a. No residents were found to be directly affected by this practice. Audit completed on residents admitted on or after to ensure updated Arbitration Agreements are included in admission packets. C) What measures will be put into place, or what systemic changes will you take to ensure that the practice does not reoccur? a. By the Administrator/designee to complete education with Admissions department to ensure updated Arbitration Agreements are distributed. D) How will the corrective actions be monitored to ensure the practice will not reoccur; what quality measures will be put into place? a. Administrator/designee to complete audit of residents who admitted on or after to ensure updated Arbitration Agreements are distributed. Compliance with federal regulation F847 weekly x4 weeks then monthly for 2 months or until substantial compliance is achieved. b. Findings will be reported monthly at the QA/Risk management meeting until such time substantial compliance has been determined.