As of September 16, 2019, nursing homes nationwide can begin asking residents (or their representatives) to sign a pre-dispute arbitration agreement. The Trump Administration reversed a previous prohibition on such agreements in a July 2019 final rule. Although there is ongoing legal action to overturn the Administration’s rule, implementation has not been delayed for the majority of nursing homes nationwide.

Residents and their representatives have certain protections under the new rule. Most importantly, facilities cannot require pre-dispute arbitration agreements as a condition of admission or as a requirement for continued care. Furthermore, residents and their representatives may rescind an agreement to arbitrate future claims within 30 calendar days of signing the agreement.

Consumer advocates believe believe that pre-dispute arbitration agreements are inherently unfair to consumers, especially those experiencing a health crisis and seeking immediate access to care. Therefore, Rothkoff law Group is encouraging residents and their families not to sign these so-called “voluntary” pre-dispute arbitration agreements.

About Jerry

Jerold E. Rothkoff, a practicing New Jersey and Pennsylvania attorney, is the Principal of the Rothkoff Law Group, an elder care law firm. Jerry dedicates his practice to serving clients in the areas of life care planning, long-term care planning, Medicaid & VA benefits, and advocacy for the elderly and disabled. He is past President of the NJ Chapter of the National Academy of Elder Law Attorneys, former chair of the elder law section of the NJ State Bar Association, and past President of the Life Care Planning Law Firm Association. Jerry continues to be an outspoken advocate for the rights of the elderly and disabled. He writes for and gives presentations regularly to attorneys and other professionals about legal issues related to seniors and those with disabilities. Jerry’s community activities include the Twilight Wish Foundation, the Delaware Valley Stroke Council, the Alzheimer’s Association, as well as numerous other advocacy groups. When not in the office, Jerry spends time with his wife, Erica, and their five children, eighteen-year old identical twin girls, Liza and Julia, fifteen-year old fraternal twin boys, Evan and Gregory, and six-year old Aitan.

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