News & Analysis as of

Nursing Homes

Varnum PI Team Wins Wrongful Death Case for Family of WWII Vet

by Varnum LLP on

The family of a WWII veteran who died after an assault at a State-operated adult care facility will receive a $825,000 settlement from the State of Michigan....more

CMS Issues Proposed Rule Removing Ban On Arbitration Agreements In Nursing Home Disputes

by King & Spalding on

CMS issued a final rule on October 4, 2016, prohibiting pre-dispute arbitration agreements between long-term care facilities and residents. As reported here, on November 7, 2016, a Federal judge issued a preliminary...more

CMS Requests Dismissal of Its Nursing Home Arbitration Appeal

by King & Spalding on

On June 2, 2017, CMS filed a motion to dismiss its appeal to the U.S. Circuit Court for the Fifth Circuit of a U.S. District Court decision blocking the agency’s ban on mandatory nursing home arbitration. CMS’s motion did...more

Delgado v. Manor Care of Tucson

Arizona Supreme Court Revises Test for APSA Claim - The Supreme Court has revised the test for determining if an actionable violation of the Adult Protective Services Act has occurred. A.R.S. § 46-451. The court...more

Uncle Sam’s bad reverse: nursing homes returning to forced arbitration

Look out Baby Boomers and Gen Xers: Just when you or your elderly loved ones may be most vulnerable and needing nursing home care, the government is going back to allowing nursing home administrators to push a pile of...more

The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate

by Melito & Adolfsen on

The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate - A provision in a contract providing for care of a resident in a nursing home may require the parties to arbitrate any...more

Elder Abuse: Who is doing it?

When the time comes that an aging family member needs full-time care, or more care than he or she is receiving, most eyes turn to a daughter or a son, or depending on the circumstances, a grandchild. Often, employment...more

Supreme Court Reaffirms State Courts Must Enforce Arbitration Provisions

by Faegre Baker Daniels on

Despite parties mutually agreeing when a deal is made that they will arbitrate any disputes arising between them, often one party seeks to avoid arbitration when a dispute does arise. But on May 15, 2017, the United States...more

Apology? In Litigation? Really?

by Varnum LLP on

Countless clients have begun our relationship with this simple statement. Why wouldn’t a person who caused an accident resulting in serious injury say this simple thing? There are a lot of reasons. First, the insurance...more

Elder Abuse: Signs, Symptoms You Can Identify

The mistreatment of the aged is a societal ill that, sadly, is unlikely to be cured soon. The statistics tell the story. By 2025, the global population of seniors (defined as those age 60 and older) will reach 1.2 billion....more

Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits

by LeClairRyan on

On May 15, 2017, the Supreme Court of the United States handed down its opinion in Kindred Nursing Centers, L.P. v. Clark. This case addressed the issue of whether an agent acting pursuant to a power of attorney could bind...more

Has the CMS Done an About Face as it Relates to Arbitration?

by Steptoe & Johnson PLLC on

Has the Centers for Medicare & Medicaid Services (CMS) abandoned its previously adopted Final Rule prohibiting mandatory nursing home arbitration?  The recent decision by the CMS to forego its Fifth Circuit appeal of the...more

Supreme Court Rules Federal Arbitration Act Preempts Kentucky State Law

by King & Spalding on

On May 15, 2017, the U.S. Supreme Court overturned a Kentucky Supreme Court decision and sided with a nursing home operator regarding an attorney-in-fact’s ability to bind principals to arbitration clauses. The U.S. Supreme...more

Trump Administration Gives First Peek Into Its Arbitration Strategy

In a first indication of the Trump Administration’s stance on consumer arbitration, the Centers for Medicare & Medicaid Services (CMS) this week issued a new proposed rule that rolls back the Obama Administration’s...more

CMS Reverses Course on Arbitration Agreements

On October 4, 2016, the Centers for Medicare and Medicaid Services (CMS) published a final rule prohibiting nursing homes from offering pre-dispute arbitration agreements to prospective residents upon admission. Now, CMS has...more

Elder Abuse: Awareness Day Aims To End It

Neglect of the elderly, an all-too-often occurrence in nursing homes and other community settings, will take center stage June 15, 2017, during World Elder Abuse Awareness Day....more

Specificity Sometimes Key; Sometimes Not

by BakerHostetler on

Time spent drafting and negotiating an agreement often pays dividends in assuring that each party gets the benefits they desire through the agreement and incurs obligations no greater than they intended. Two recent cases,...more

Massachusetts Supreme Judicial Court Ruled Irrevocable Income-Only Trusts a Viable Tool in Long-term Care Planning

by Bowditch & Dewey on

In Mary E. Daley v. Secretary of the Executive Office of Health and Human Services and Lionel C. Nadeau v. Director of the Office of Medicaid, which were consolidated in an appeal to the Massachusetts Supreme Judicial Court,...more

Finally, a Win for Long-Term Care Facilities: United States Supreme Court Invalidates Kentucky Rule Singling Out Arbitration...

by Reminger Co., LPA on

Anyone familiar with long term care litigation knows that the number of disputes regarding the use and enforcement of arbitration agreements in the context of assisted living/nursing home admissions has risen sharply over the...more

Kindred Nursing Centers L.P. v. Clark: The Supreme Court Reemphasizes That Arbitration Agreements Must Be Placed on Equal Footing...

by K&L Gates LLP on

On May 15, 2017, the Supreme Court of the United States reaffirmed that the Federal Arbitration Act (the “FAA”) preempts state laws placing agreements to arbitrate on weaker footing than other types of contracts. In Kindred...more

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

by Carlton Fields on

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding...more

Supreme Court Emphatically Defends Arbitration Agreements from State Interference

by Littler on

On May 15, 2017, the U.S. Supreme Court reiterated the principle that the Federal Arbitration Act (FAA) requires states to treat arbitration agreements just as they treat other types of contracts. In Kindred Nursing Centers...more

Dispute Between Brothers Demonstrates Need to Plan for Long-Term Care

A recent New Jersey appeals court case demonstrates how important it is for families to come up with a long-term care plan before an emergency strikes. The case involves two brothers who got into a fight over whether to place...more

No Pre-Emption Exemption - The U.S. Supreme Court and the Kentucky Supreme Court are not kindred spirits with respect to state law...

The U.S. Supreme Court and the Kentucky Supreme Court are not kindred spirits with respect to state law restrictions on arbitration agreements....more

U.S. Supreme Court Reaffirms FAA Preemption Over Discriminatory State Laws

by Ballard Spahr LLP on

Emphasizing that the Federal Arbitration Act (FAA) preempts state laws that "single out arbitration agreements for disfavored treatment," the U.S. Supreme Court has overturned the Kentucky Supreme Court's refusal to enforce...more

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