Arbitration Agreement Lacks Venue Provision
Penalty
Fine: $130,24062 days payment denial
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 that its arbitration agreement, which was signed by residents or their representatives, included a provision specifying that the venue for arbitration disputes would be convenient for both parties. Review of the facility's undated Arbitration Agreement and Arbitration Checklist showed no mention of a mutually convenient location for arbitration proceedings. During interviews, the Business Office Manager confirmed that the agreement did not address venue details and that she informed residents and their representatives that signing the agreement was not a condition of admission. Additionally, the Administrator stated that the facility did not have a policy regarding arbitration.