Non-compliant Arbitration Agreement Venue Requirement
Penalty
Summary
The facility failed to ensure that its binding arbitration agreement did not mandate mediation to be held in a specific county, which is a violation of federal regulations. The arbitration agreement required mediation to occur in Tulsa County, Oklahoma, without allowing for mutual agreement on the venue. This was identified during a review of the facility's documents and interviews with staff and residents. The facility's policy stated that residents should have the opportunity to suggest an arbitrator and venue, and any disagreement by the facility should be documented. However, the agreement in question did not adhere to this policy, as it predetermined the location for mediation. A resident with an intact cognition, as indicated by a BIMS score of 15, was shown the arbitration agreement they had signed. The resident did not recall signing the agreement and expressed that the specified mediation site would not be convenient for them. The facility's administrator acknowledged that the agreement's requirement for mediation to occur in Tulsa County did not comply with federal regulations and agreed that the venue should be mutually agreed upon by both parties. The administrator also confirmed that all residents were offered the opportunity to sign the current binding arbitration agreement.