Nursing homes and healthcare facilities must comply with the requirements of §483.70(n) when asking a resident or their representative to enter into a binding arbitration agreement. This includes ensuring that the agreement provides for the selection of a neutral arbitrator agreed upon by both parties, and a venue that is convenient to both parties. Facilities must retain a copy of the signed agreement and the arbitrator's final decision for 5 years after the resolution of the dispute. Surveyors will focus on the record retention requirement, not the content of the agreement or final decision, to determine compliance. Nursing homes and healthcare facilities must make reasonable efforts to ensure that any arbitration agreement entered into with a resident or their representative provides for the selection of an arbitrator who is impartial, unbiased, and without the appearance of a conflict of interest. Facilities should also make a reasonable attempt to come to agreement with the resident or resident's representative on the selection of a neutral arbitrator and provide a fair process for selecting an arbitrator or arbitration services company. They should also ensure that the venue is agreed upon and suitable to both parties.

Summaries are generataed using AI. Check important information.