Arbitration Agreements Lacked Required Venue Selection Provision
Penalty
Summary
The facility failed to include all required components in its arbitration agreements for residents, specifically omitting provisions for the selection of a venue convenient to both parties. This deficiency was identified through a review of medical records and signed arbitration agreements for five residents, where each agreement lacked the necessary clause regarding venue selection. The issue was confirmed during an interview with the Administrator, who acknowledged that the agreements did not contain this required element. A total of 33 residents had entered into arbitration agreements, and the deficiency was found in five of the seven residents reviewed for this component. The omission was consistent across multiple agreements, regardless of the residents' admission dates. The facility census at the time was 58 residents.