Arbitration Clauses in Nursing Homes

According to the Nursing Home Care Act, a resident has the right to a jury trial.  However, if the nursing home has an arbitration agreement in their contract, that may trump this right.

The Supreme Court of Illinois found in Carter v. SSC Odin Operating Company, LLC arbitration agreements may be enforceable;  anti-waiver provisions do not defeat them.

The Supreme Court has sent the case back to the appellate court with instructions to consider other arguments against arbitration.

To learn more about arbitration clauses in nursing home contracts, go to http://www.isba.org/sections/healthcare/newsletter/2010/12/arbitrationclausesinnursinghomecontractsfaapreempts

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