Mandatory arbitration provisions are the current standard in nursing home admission contracts, but the legal arguments surrounding their enforcement raise questions concerning the validity of these standard provisions. Arbitration provisions allow nursing homes to limit the transparency into their operations and keep victims, and their families, quiet and out of the public eye. This, in turn, limits the understanding of the shortcoming of current regulations and where new regulations may help. The current Coronavirus Disease 2019 (“COVID-19”) pandemic has brought to light some of these otherwise hidden regulatory issues surrounding nursing homes. As a result, several states have tried to continue to keep these hidden regulatory issues secret by preventing COVID-19 related lawsuits.
Keeping the Elderly Quiet: The Trump Administration and the Reincarnation of Mandatory Arbitration in Nursing Home Contracts,
2021 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2021/iss2/10