Arbitration Agreement Lacks Neutral Arbitrator and Venue Provisions
Penalty
No penalty information released
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Summary
The facility failed to ensure its arbitration agreement included provisions for the selection of a neutral arbitrator and a neutral venue for arbitration proceedings. Record review showed that the agreement did not address how a neutral arbitrator would be chosen, nor did it specify a neutral location for arbitration, instead stating that any arbitration would be conducted at the facility. An interview with the Administrator confirmed that the arbitration agreement lacked these necessary details. This deficiency had the potential to affect all residents, with a facility census of 82 at the time of the review.