Failure to Inform Residents About Arbitration Agreements
Penalty
Summary
The facility failed to ensure that residents were explicitly informed of and understood the arbitration agreement before signing it as part of the Admission Agreement. During a survey, it was revealed that the arbitration agreement was a mandatory part of the admission process, yet residents were not adequately informed about its implications. The Licensed Nursing Home Administrator (LNHA) and the President of Clinical Services acknowledged the use of arbitration agreements but indicated that they were managed by legal and not actively tracked. A review of the admission documents showed that the arbitration agreement was included as a mandatory section, with no option for residents to refuse it. During a resident council meeting, nine residents confirmed that they were unaware of what an arbitration agreement was and that it had not been explained to them, despite having signed it during the admission process. The Admission Director admitted that the arbitration agreement must be signed and that there was no list of residents who had signed or refused it. The surveyor's review of the electronic medical records further confirmed that the arbitration agreements were signed without proper explanation or understanding by the residents.
Plan Of Correction
12/25/24 Rose Mountain Care Center Facility ID: 3145384 Survey completion date: 12-12-2024 F847 SS-F Entering into Binding Arbitration Agreements Element One: Corrective Action The Admissions director signed and dated Exhibit 1. The facility immediately modified the agreement making it very clear to prospective residents that the agreement is completely voluntary and not a condition of admission or continued care at the facility. Element Two: Identification Of At Risk Residents All residents had the potential to be affected by the deficient practice. Element Three: Systemic Changes The U.S. FOIA (b) (6) was educated on explaining the agreement in a form and manner that the prospective resident or representative fully understands. Element Four: Quality Assurance The Administrator / designee will observe and monitor the Admissions director while explaining the admission agreement and arbitration agreement to residents / families and ensure that the Admissions Director explains what arbitration is and answers all questions they may have appropriately weekly x4 then monthly x2. Results will be reported to the QAPI team for review. Completion Date: 12-25-2024