Arbitration Provisions in Nursing Home Contracts**
*CT: 1.0 CLE Credits
NY: 0.0 CLE Credits
Meeting Code: SEL170418
Presenter: Attorney Andrew Knott
Andrew practices at Knott & Knott in Cheshire, where he primarily handles probate, estate, and elder law, including special needs, along with all ancillary litigation in all courts. He has begun to dabble in consumer law. Andrew is active in many local and national bar associations and bar foundations, and is a member of the Probate Court Rules Committee. Andrew also serves as a magistrate for the Superior Court and the Office of the Claims Commissioner. Outside of law, Andrew is an avid sailor and winter outdoorsman. He lives in Spring Glen with his wife and daughter.
Agreements to arbitrate in the event of suit are one of several provisions common to nursing home contracts that are darling to the nursing home, but often baneful to the resident. CMS and the Supreme Court have taken an interest in these provisions and their proper regulation and legal validity are in question. This presentation will give elder law planners and litigators alike what they need to properly advise their clients on this topic.
You Will Learn:
Arbitration in general
The Federal Arbitration Act
Arbitration provisions in nursing home contracts: Kindred Nursing v. Clark E. Current status of the CMS rule: 42 C.F.R. § 483.70(n)(1)
Connecticut’s law on Arbitration
Conclusion: The take-home points
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*CBA Members: To receive credit, sign the attendance verification form at the meeting, and your credits will be automatically logged to your Professional Development Journal. If you do not attend the full program, do not sign the form. For partial credit, you will need to enter your time by the tenth of an hour into your Professional Development Journal.