Failure to Inform Residents of Right to Rescind Arbitration Agreement
Penalty
Summary
The facility failed to ensure that the Admission Coordinator (AC) was aware that residents and their representatives have the right to rescind the facility's arbitration agreement within 30 days of signing. This deficiency was identified for two of three sampled residents. For one resident, the admission record showed the resident had the capacity to understand and make decisions, and the arbitration agreement was signed by the resident's representative. For the second resident, records indicated severe cognitive impairment, and the arbitration agreement was also signed by a representative. During interviews, the AC stated she was unaware that residents or their representatives could rescind their signature on the arbitration agreement after signing. The Administrator confirmed that residents and their representatives do have this right and that the AC is responsible for informing them. Review of the facility's policy and procedure confirmed that residents and their representatives must be advised of their right to rescind the agreement within 30 days, but this was not communicated by the AC as required.