Arbitration Agreement Lacked Required Resident Rights Language
Penalty
Summary
The facility failed to ensure that its binding arbitration agreement, included as part of the admission agreement, contained the required language to protect the rights of residents or their representatives. Specifically, the agreement did not state that residents or their representatives retained the right to communicate with federal, state, or local officials, including surveyors, health department employees, or representatives of the Office of the State Long Term Care Ombudsman. This omission was confirmed during interviews with the Nursing Home Administrator and the Regional Operations Director, who acknowledged that the required language was not present in the arbitration agreement. The deficiency was identified through a review of facility documents and staff interviews, with no mention of specific residents or their medical conditions in the report.