Arbitration and Health and Safety Code Explained

Written by Adam Peck Category: Advanced Health Care Directive May 4th, 2015 3 min read

Arbitration: When the language, format, and font used in the written arbitration agreement did not comply with the requirements of Health and Safety Code, section 1599.81, as implemented by California Code of Regulations, Title 22, section 72516, subdivision (d). The Arbitration agreement is unenforceable.

Arbitration agreements are becoming very very common in their use by Long Term Care Facilities specifically when an elder and dependent adult is being admitted to a facility, such as a nursing home. Many times that Arbitration agreement is “slipped in” with the admissions agreement and usually not fully explained to the resident nor the resident’s legal representative.

An Arbitration agreement may be deemed enforceable if either the patient / resident signed the arbitration agreement or an individual with authority to sign on behalf of the patient / resident, such as someone who has been granted power of attorney signed the arbitration agreement. If done so, the defense will usually file a Petition to Compel Arbitration so that the plaintiff or plaintiff’s successors in interest can not avail themselves to their constitutional right to a jury trial. Contrary to the propaganda that is out there, the cost of Arbitration including paying the Arbitrator’s fees is much more than having the matter heard by a jury.

DO NOT SIGN ARBITRATION AGREEMENTS. THEY CAN NEVER BE USED AS A PRECONDITION TO BEING ADMITTED TO A SKILLED NURSING FACILITY IN THE STATE OF CALIFORNIA!!!

In the State of California, there a certain mandatory provisions that must be put into every skilled nursing facility arbitration agreement to make it enforceable. Defense must comply with both Health and Safety Code, section 1599.81, as implemented by California Code of Regulations, Title 22, section 72516, subdivision (d).

In many cases the language, format, and font used by the defense do not comply with the above-referenced laws which make the Arbitration Agreement legally unenforceable.

The specific warning ““[a]ny arbitration agreement shall be separate from the Standard Admission Agreement and shall contain the following advisory in a prominent place at the top of the proposed arbitration agreement, in bold-face font of not less than 12 point type: ‘Residents shall not be required to sign this arbitration agreement as a condition of admission to this facility.’ ” (§ 72516, subd. (d). Failure to comply, makes the Arbitration Agreement unenforceable.

The Peck Law Group has the expertise to fight for your constitutional rights and has successfully opposed many petitions to compel arbitration. If you don’t sign Arbitration agreements, this shall never be an issue and you shall be able to keep your constitutional right to a jury trial.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.