Failure to Maintain Accurate Arbitration Agreement Documentation
Penalty
Summary
The facility failed to maintain accurate and complete documentation of binding arbitration agreements for five out of six reviewed residents. Specifically, for three residents, the arbitration agreements were found to be undated, with only initials from family members in the signature section, and the remainder of the forms were blank or incomplete. Additionally, two residents did not have signed arbitration agreements available for review. The facility's list of residents with binding arbitration agreements was also found to be inaccurate, as it included individuals who did not have such agreements on file. Interviews with facility staff revealed inconsistencies and confusion regarding the completion and existence of these agreements. The assistant administrator initially stated that the agreements were completed in person with family members, but later retracted this statement and could not confirm whether the agreements were actually reviewed or agreed to. The Nursing Home Administrator acknowledged that the facility's tracking system was incorrect and that it was unclear if the agreements were valid or properly executed.