Arbitration Agreements Lacked Provision for Mutually Convenient Venue
Penalty
Summary
The facility failed to ensure that arbitration agreements provided for the selection of a venue that was convenient to both parties. Record review for three residents revealed that each of their arbitration agreements specified the venue would be in the county where the facility was located, unless both parties agreed otherwise. This language did not explicitly provide for a mutually convenient venue selection process. The agreements were signed by the residents on their respective dates of admission or shortly thereafter. Interviews and documentation confirmed that the arbitration agreements for all three residents did not allow for the selection of a venue that was convenient to both parties. The Divisional Director of Clinical Operations verified that the agreements only specified the facility's county as the default venue, without further provisions for convenience. The residents involved had varying medical conditions and levels of independence, but all were cognitively intact at the time of signing the agreements.