Failure to Explain Arbitration Agreement to Residents
Penalty
Summary
The facility failed to adequately explain the arbitration agreement to two residents, leading to a deficiency in the admission process. Resident #58, a visually impaired female with glaucoma, was not given the opportunity to listen to an audio recording explaining the arbitration process for visually impaired residents. During her admission, she allowed administrative personnel to electronically sign the forms on her behalf, but she did not recall being informed about the arbitration agreement. The staff member responsible for the admission process admitted to not reading every paragraph of the agreement to the resident and was advised by corporate to provide only a brief explanation of the forms. Resident #88, a cognitively intact male with quadriplegia, also experienced a lack of thorough explanation regarding the arbitration agreement. He could not recall the details of the agreement when he signed it and stated that if it had been explained to him more thoroughly, he might have reconsidered signing it. The failure to provide a comprehensive explanation of the arbitration agreement to these residents highlights a deficiency in the facility's admission process.