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Recent Court Decisions Reaffirm the Validity of Nursing Home Arbitration Provisions

Recent court decisions released in February reinforce the validity of arbitration provisions found in nursing home admissions agreements. On review of a West Virginia case that categorically enforced that state’s public policy against arbitration in personal injury or wrongful death suits against nursing homes, the Supreme Court of the United States unequivocally held that “states may not contradict or fail to implement” the rule the Court has established.

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Miles, Amy; Penchansky, Marc. "Recent Court Decisions Reaffirm the Validity of Nursing Home Arbitration Provisions." Pulse, FHCA  April, 2012.  p. 5;16. Print. (originally published on Clear and Convincing Evidence)

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