Possibly. Mandatory pre-dispute arbitration clauses in nursing home admission agreements are aggressively challenged and, in many circumstances, unenforceable.
Federal regulations implemented in 2023 prohibit nursing homes participating in Medicare and Medicaid from requiring arbitration as a condition of admission. Facilities that violated this rule may not be able to enforce the clause.
Beyond the regulatory issue, arbitration clauses in nursing home agreements are frequently challenged on grounds of: lack of capacity (the resident was cognitively impaired at signing), lack of knowing and voluntary waiver, failure of the facility to explain the agreement, or unconscionability.
Do not assume a signed arbitration agreement closes the courthouse door. Bring the admission paperwork to your consultation and we will evaluate it.