Arbitration Agreement Lacked Venue Selection for Both Parties
Penalty
Summary
The facility failed to ensure that its binding arbitration agreement for one resident included provisions for selecting a venue that would be convenient for both the facility and the resident or the resident's responsible party. During a review of the admission record, it was found that the arbitration agreement signed by the resident did not specify how a mutually convenient venue would be selected. The Admission Director confirmed that the agreement used was an outdated form from a previous director and acknowledged the importance of having a convenient location for both parties to attend the arbitration hearing. The facility's policy and procedure on binding arbitration agreements, revised in May 2024, states that arbitration agreements should provide for the selection of a venue that meets the needs of both parties and that the venue should be agreed upon by both. The policy also notes that convenience for the resident or representative may be determined by their ability to get to the venue. However, the agreement signed by the resident did not reflect these requirements, leading to the deficiency.