Arbitration Agreements – The New and Improved for 2022
State and Federal survey agencies are being trained to perform record reviews, focusing on the legality of signatures, denying admission based on the resident refusing to sign an arbitration agreement, and whether the resident is presented with a 30-day opt-out option once signed. Surveyors are also being given an extensive list of questions to use when interviewing residents, representatives, etc. on how well the arbitration process and key terms were explained to them prior to asking them to sign. Additionally, there are now a few federal F tag citations that may be cited in the event a facility is not able to show that arbitration agreements are being explained appropriately and signed by a legally authorized individual. This webinar was developed in response to an overwhelming request for clarification and assistance from members across the country.
- Define binding arbitration agreement
- Discuss CMS’s authority to enforce
- Identify the federal F-tags arbitration agreements may impact
- Discuss best practice for implementing arbitration agreements
- Define the basic elements of a valid arbitration agreement
Attendees will be awarded 1.0 ANCC contact hours for completing the course/webinar.
This program has been submitted for Continuing Education for 1.25 total participant hours from NAB/NCERS. Call Maureen Rhone at 734-929-6446 for further information.
Angie Szumlinski, LNHA, GERO-BC, RAC-CT, BS
Director of HealthCap Risk Management Services
Ms. Szumlinski is a nationally-recognized leader in long-term care with experience as an Owner/Provider, Administrator, Director of Nursing, Corporate Quality Assurance Coordinator and independent consultant. Ms. Szumlinski conducts risk management visits at facilities across the country, touching every acuity level within the post-acute care spectrum. Ms. Szumlinski served as an Associate Board Member for NCAL, is a member of the AHCA/NCAL Survey/Regulatory committee, NCAL Quality committee, HCAM Legal/Clinical Committee, and is in her 8th year serving as a Senior Examiner/Team Leader for the AHCA/NCAL Quality Award Program. Ms. Szumlinski is a Nurse Planner for the HealthCap® RMS ANCC accredited education program
John P. Hessburg
JD, The Kitch Law Firm
Kitch Drutchas Wagner Valitutti & Sherbrook
John Paul Hessburg is a Senior Partner in the firm of Kitch Drutchas Wagner Valitutti & Sherbrook in Detroit, Michigan, where he heads the firm’s Post-Acute Care practice group. John has represented healthcare providers for over 30 years. John is AV® Preeminent Peer Review rated by Martindale-Hubbell and has been named a top healthcare lawyer by DBusiness Magazine. He has been working with HealthCap® since it wrote its first policy 21 years ago.
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