Arbitration Agreements Lacked Required Language on Neutral Arbitrator and Venue
Penalty
Summary
The facility failed to include specific language in its arbitration agreements for three residents, resulting in a deficiency related to the arbitration process. For each of the three residents reviewed, the arbitration agreements designated a specific arbitration service provider but did not expressly state that the residents or their representatives were informed of the opportunity to agree on a neutral arbitrator and a convenient location for the arbitration. This omission was identified through review of the residents' records and the signed arbitration agreements, which lacked the required language regarding mutual agreement on the arbitrator and venue. The residents involved had varying degrees of cognitive impairment, as indicated by their Minimum Data Set (MDS) assessments. Two residents were determined to have short- and long-term memory problems, and one resident was found to be moderately cognitively impaired. During interviews, the Administrator confirmed that the arbitration agreements for these residents did not contain the necessary language and that the residents or their representatives were not informed of their rights to agree on a neutral arbitrator and location.