Failure to Ensure Fair Arbitration Venue Selection
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 a neutral and fair arbitration process by not providing clear language in its admission agreement that guarantees both the resident or resident representative and the facility mutually agree on a convenient venue for arbitration. The reviewed admission agreement specified that arbitration would occur either at the facility or at a site within a reasonable distance of the facility, subject to mutual agreement, but did not explicitly state that the location must be convenient for both parties. During an interview, the Nursing Home Administrator confirmed that the agreement only offers these two options and does not address the convenience for both the resident and the facility.