Arbitration Update

Last month the U.S. Supreme Court decision affirmed the use of pre-dispute arbitration agreements in nursing facilities.  The Virginia Health Care Association (VHCA) and the American Health Care Association (AHCA) have several documents relating to arbitration agreements and this court decision that you might find useful.  The documents are (1) AHCA’s press release announcing the US Supreme Court action, (2) a 2011 VHCA Legal Quarterly article addressing arbitration in Virginia’s nursing homes, (3) a 2004 article outlining the Federal Arbitration Act, and (4) a model arbitration agreement developed by AHCA.  To review these documents, go to the legal section for nursing facilities on the VHCA website.

VHCA and AHCA have long supported voluntary, pre-dispute arbitration agreements as being timely, effective and fair.  The above-referenced documents provide background information for the development of arbitration agreements in long term care, but any arbitration documents your facility desires to use in Virginia should be reviewed by Virginia counsel to ensure compliance with Virginia contract and arbitration law.