Minnesota Nursing Home Abuse and Neglect Lawyer Kenneth LaBore 1-888-452-6589

Arbitration Agreement Regulations in Nursing Homes

Nursing Homes Cannot Require Arbitration Agreement as Condition for Admission

Nursing Homes Cannot Require Arbitration Agreement as Condition for Admission

Nursing Home Cannot Seek Pre-Dispute Arbitration Agreement as Condition for Admission

Pursuant to federal regulations 42 CFR 483.70(n), binding arbitration agreements. (1) A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident’s representative nor require that a resident sign an arbitration agreement as a condition of admission to the LTC facility.

Conditions If there is Arbitration

(2) If, after a dispute between the facility and a resident arises, and a facility chooses to ask a resident or his or her representative to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this section.

(i) The facility must ensure that:

(A) The agreement is explained to the resident and their representative in a form and manner that he or she understands, including in a language the resident and their representative understands, and

(B) The resident acknowledges that he or she understands the agreement.

(ii) The agreement must:

(A) Be entered into by the resident voluntarily.

(B) Provide for the selection of a neutral arbitrator agreed upon by both parties.

(C) Provide for selection of a venue convenient to both parties.

(iii) A resident’s continuing right to remain in the facility must not be contingent upon the resident or the resident’s representative signing a binding arbitration agreement.

(iv) The agreement must not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials, including but not limited to, federal and state surveyors, other federal or state health department employees, and representatives of the Office of the State Long-Term Care Ombudsman, in accordance with §483.10(k).

(v) The agreement may be signed by another individual if:

(A) Allowed by state law;

(B) All of the requirements in this section are met; and

(C) That individual has no interest in the facility.

(vi) When the facility and a resident resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator’s final decision must be retained by the facility for 5 years and be available for inspection upon request by CMS or its designee.

Before or After Signed Arbitration Agreement Call Attorney Kenneth LaBore

If you have questions about your rights and an arbitration agreement or any type of nursing home neglect or abuse injury call Kenneth L. LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Composite Campus Model Provider Must Disclose Policies for Each Division

Composite Campus Model Facilities Must Provide Policies and Procedures for Each Division

Composite Campus Model Facilities Must Provide Policies and Procedures for Each Division

Composite Provider Must Disclose Policies

According to Federal Law, 42 CFR.483.10(g)(15) Admission to a composite distinct part. A facility that is a composite distinct part (as defined in §483.5 must disclose in its admission agreement its physical configuration, including the various locations that comprise the composite distinct part, and must specify the policies that apply to room changes between its different locations under §483.15(c)(9).

What is a Composite Provider

There are many facilities which provide different levels of care depending on the resident’s needs.  There can be a memory care for dementia and Alzheimer’s residents, assisted living, rehabilitative care, or typical long term care usually called a nursing home.   The resident is entitled to the information about the level of care and supervision to be provided by each division and where the separation is in the building and the policies and procedures they can expect in each division of care in the composite provider’s facility.

According to Medicare.gov, health & contact information you may be asked to give to a nursing home for admission:

Medical history: a list of any current or past health problems, any past surgeries or treatments, any shots you’ve had, and allergies you have to food or medicine

Current health status: a list of your current health problems, recent diagnostic test results, and information about any activities of daily living that might be difficult for you to do by yourself

Current medicines: a list of medicines with the dose, how often you take it, and why you take it

Contact information (names, addresses, and phone numbers) for your health care providers

Contact information for family members to call in case of an emergency

Health care advance directives

KLaBore@MNnursinghomeneglect.com

Please contact elder abuse and neglect Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Nursing Home Must Notify Physician of Accidents

Nursing Home Resident's Physician Must be Notified When There is an Accident or Change in Condition

Nursing Home Resident’s Physician Must be Notified When There is an Accident or Change in Condition

Physician Notification Required When Change of Condition or Accident

According to Federal Law, 42 CFR.483.10(g)(14), the facility must immediately inform the resident; consult with the resident’s physician; and notify, consistent with his or her authority, the resident representative(s), when there is—
(A) An accident involving the resident which results in injury and has the potential for requiring physician intervention;
(B) A significant change in the resident’s physical, mental, or psychosocial status (that is, a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications);
(C) A need to alter treatment significantly (that is, a need to discontinue or change an existing form of treatment due to adverse consequences, or to commence a new form of treatment); or
(D) A decision to transfer or discharge the resident from the facility as specified in §483.15(c)(1)(ii).

Change of Condition of Resident Requires Physician Notification

(ii) When making notification under paragraph (g)(14)(i) of this section, the facility must ensure that all pertinent information specified in §483.15(c)(2) is available and provided upon request to the physician.
(iii) The facility must also promptly notify the resident and the resident representative, if any, when there is—
(A) A change in room or roommate assignment as specified in §483.10(e)(6); or
(B) A change in resident rights under Federal or State law or regulations as specified in paragraph (e)(10) of this section.
(iv) The facility must record and periodically update the address (mailing and email) and phone number of the resident representative(s).

KLaBore@MNnursinghomeneglect.com

Please contact elder abuse and neglect Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Residents Must Receive Medicare Medicaid Information

Nursing Home Residents Must Receive Information for Nursing Homes on How to Apply for Medicare Medicaid Benefits

Nursing Home Residents Must Receive Information for Nursing Homes on How to Apply for Medicare Medicaid Benefits

Nursing Homes Must Provide Information on Medicare Medicaid Benefits

According to Federal Law, 42 CFR.483.10(g)(13), the facility must display in the facility written information, and provide to residents and applicants for admission, oral and written information about how to apply for and use Medicare and Medicaid benefits, and how to receive refunds for previous payments covered by such benefits

Medicare and/or Medicaid Benefits Application

The right to information on nursing home benefits from Medicare and Medicaid is just one of many resident rights which include the right to be free from abuse and neglect, the right to the highest care practicable and many others.

According to CMS, Medicare is a health insurance program for:

people age 65 or older,
people under age 65 with certain disabilities, and
people of all ages with End-Stage Renal Disease (permanent kidney failure requiring dialysis or a kidney transplant).
Medicare has:

Part A Hospital Insurance – Most people don’t pay a premium for Part A because they or a spouse already paid for it through their payroll taxes while working. Medicare Part A (Hospital Insurance) helps cover inpatient care in hospitals, including critical access hospitals, and skilled nursing facilities (not custodial or long-term care). It also helps cover hospice care and some home health care. Beneficiaries must meet certain conditions to get these benefits.

Part B Medical Insurance – Most people pay a monthly premium for Part B. Medicare Part B (Medical Insurance) helps cover doctors’ services and outpatient care. It also covers some other medical services that Part A doesn’t cover, such as some of the services of physical and occupational therapists, and some home health care. Part B helps pay for these covered services and supplies when they are medically necessary.

Prescription Drug Coverage – Most people will pay a monthly premium for this coverage. Starting January 1, 2006, new Medicare prescription drug coverage will be available to everyone with Medicare. Everyone with Medicare can get this coverage that may help lower prescription drug costs and help protect against higher costs in the future. Medicare Prescription Drug Coverage is insurance. Private companies provide the coverage. Beneficiaries choose the drug plan and pay a monthly premium. Like other insurance, if a beneficiary decides not to enroll in a drug plan when they are first eligible, they may pay a penalty if they choose to join later.

KLaBore@MNnursinghomeneglect.com

Please contact nursing home abuse and neglect Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Advanced Directives Must Be Followed By Nursing Home

Nursing Home Residents Have the Right to Have Advanced Directives, DNI, DNR, POLST Followed by Nursing Home

Federal Law on Advanced Directives

According to Federal Law, 42 CFR.483.10(g)(12), the facility must comply with the requirements specified in 42 CFR part 489, subpart I (Advance Directives).
(i) These requirements include provisions to inform and provide written information to all adult residents concerning the right to accept or refuse medical or surgical treatment and, at the resident’s option, formulate an advance directive.
(ii) This includes a written description of the facility’s policies to implement advance directives and applicable State law.

Additional Federal Law on Advanced Directives

(iii) Facilities are permitted to contract with other entities to furnish this information but are still legally responsible for ensuring that the requirements of this section are met.

(iv) If an adult individual is incapacitated at the time of admission and is unable to receive information or articulate whether or not he or she has executed an advance directive, the facility may give advance directive information to the individual’s resident representative in accordance with State law.
(v) The facility is not relieved of its obligation to provide this information to the individual once he or she is able to receive such information. Follow-up procedures must be in place to provide the information to the individual directly at the appropriate time.

KLaBore@MNnursinghomeneglect.com
Please contact elder abuse and neglect Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

Facebooktwittergoogle_plusredditpinterestlinkedinmail
 
Minnesota Nursing Home Lawyer

MINNESOTA ELDER ABUSE AND NEGLECT LAWYER - MN Nursing Home Law


Kenneth L. LaBore, Esq, Phone: 612-743-9048 or Toll Free: 1-888-452-6589


This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Minnesota Nursing Home Lawyer & Attorney of Kenneth LaBore - Attorney at Law, offering services related to elder abuse and neglect, nursing home, assisting living, and other senior or elder care facilities, serving Minneapolis, St Paul, Twin Cities, Bemidji, Rochester, Alexandria, Marshall, Grand Rapids, Anoka, Apple Valley, Arden Hills, Burnsville, Lakeville, St Cloud, Monticello, Duluth, Owatonna, Austin, Bloomington, Mankato and throughout Minnesota.


Copyright © 2007-2017. All Rights Reserved. Disclaimer