When your loved one enters an Albuquerque nursing home, there is various paperwork to sign, including an arbitration agreement. Not being informed about the documents you sign could strip your family’s fundamental rights before care begins.
If you are unsure about the information that is in a document, it is best to have an attorney look at it before you put your loved one in a nursing home or sign it. Our Albuquerque nursing home abuse lawyers are here to help you and your family understand your rights.
At PKSD, our attorneys can help you understand what steps to take so that you can proceed through the legal process. You can determine the validity of your potential case by speaking to one of our attorneys.
Learn more about your legal options through a free consultation: 505-677-7777.
Why Do Nursing Homes in Albuquerque Request Arbitration Agreements?
Albuquerque nursing homes aggressively push arbitration agreements for several strategic reasons that benefit their bottom line while potentially limiting your family’s legal options.
Some of the reasons why nursing homes request arbitration agreements are:
Avoid Paying Out a Higher Settlement
These facilities want to avoid the courtroom at all costs. Jury trials in New Mexico typically result in higher damage awards for victims of nursing home neglect or abuse compared to arbitration proceedings. Facilities save significant money when negligence occurs by keeping disputes out of court.
Cost control extends beyond just damage awards. The arbitration process is typically faster and less expensive for nursing homes than traditional litigation. Legal fees, discovery costs, and extended court proceedings can quickly drain a facility’s resources. Arbitration streamlines this process in the facility’s favor.
Keep Proceedings Private
Privacy protection represents another motivation. Court proceedings become public record, potentially exposing patterns of neglect or abuse that could damage a facility’s reputation throughout Albuquerque. Arbitration hearings remain private, keeping any findings of wrongdoing hidden from public scrutiny and potential future residents.
Allows Nursing Homes to Have More Power
These agreements also create a significant power imbalance. Nursing homes often select the arbitration company and establish the process’s rules. Some agreements even limit which evidence families can present, restrict discovery processes, or cap damage amounts regardless of actual harm suffered.
Makes It Difficult for Families to Pursue Compensation
Arbitration agreements deter many families from pursuing valid claims altogether. The complex process and perceived difficulty of winning often discourage families from seeking accountability, even in cases of severe neglect or abuse.
Do I Have to Sign an Arbitration Agreement to Be Admitted to a Nursing Home?
No, you do not have to sign an arbitration agreement to be admitted to a nursing home in Albuquerque or anywhere else in New Mexico. This is one of the most common misconceptions about nursing home admissions, and facilities often deliberately blur this line during the admission process.
Federal rules say nursing homes cannot require you to sign an arbitration agreement to be admitted or to keep taking care. The Centers for Medicare and Medicaid Services (CMS) made this rule to protect your legal rights because signing an arbitration agreement can seriously affect nursing home residents.
Even though the rules are clear, many Albuquerque nursing homes include arbitration agreements with the admission forms, making it seem like everything must be signed. Sometimes, staff may wrongly say signing is required or quickly go through the paperwork without explaining that some forms are optional.
If you encounter pressure to sign an arbitration agreement during admission:
- Acknowledge that federal law prohibits requiring arbitration to be admitted.
- Ask for all optional paperwork to be separated from required documents
- Request time to review any arbitration agreement with an attorney
- Consider writing “I do not agree to arbitration” on the agreement rather than refusing to sign, which creates a clear record of your position
Remember that while you have the right to refuse arbitration, the nursing home also has the right to include terms in its admission agreement stating that it can transfer a resident if disputes cannot be resolved. However, it must follow strict transfer procedures that protect residents from improper discharge.
Residents and their families need to understand their rights during the admission process to make informed decisions about arbitration without fearing denial of necessary care at Albuquerque nursing facilities.
Does New Mexico Have Laws That Protect Nursing Home Residents From Arbitration Clauses?
The New Mexico Court of Appeals has addressed the unfair nature of nursing home arbitration agreements. An arbitration agreement may be unfair if it makes residents resolve their claims through arbitration.
Federal rules state that nursing homes cannot require residents to sign arbitration agreements as a condition for admission. If a resident does sign one, they have 30 days to cancel it.
Nursing homes must ensure that arbitration agreements are explained in a language and manner the resident understands. The resident or their representative must also acknowledge that they know what is in the contract. The 30-day cancellation period is essential because it gives residents time to consult with others and reconsider their options after admission.
How Can Families Protect Themselves From Unfair Arbitration Terms in Nursing Home Contracts?
You can protect your loved ones from unfair arbitration agreements by taking proactive steps before signing any nursing home paperwork in Albuquerque. These protective measures can preserve your legal rights while still securing necessary care.
Review Documents
Read every document thoroughly before signing. Request copies of all admission paperwork at least three days before the scheduled move-in date. This gives you enough time to review complex terms without the pressure of an immediate decision during a stressful transition.
Negotiate Terms
If you decide to sign an arbitration agreement, negotiate its terms. For example, request modifications like mutual selection of the arbitrator rather than facility-selected arbitrators. Insist on removing any damage caps, ensuring all remedies available in court remain available in arbitration. Many facilities will accept reasonable amendments rather than lose a potential resident.
Document Admission Process Claims
Document any verbal promises or representations made during the admission process. If facility staff claim, “This is just standard paperwork,” or “Everyone signs this,” note who made these statements and when. These false representations of documents may later provide grounds to challenge the agreement.
Choosing a Different Facility
You can consider choosing facilities that do not require arbitration agreements. Some Albuquerque nursing homes have eliminated mandatory arbitration. Ask directly about arbitration policies during your initial facility tours.
Can You Challenge an Arbitration Agreement You Have Already Signed?
Yes, you can challenge a nursing home arbitration agreement in Albuquerque even after signing it. New Mexico courts have invalidated these agreements in several situations when families take proper legal action.
Lack of Capacity
The most common grounds for challenging signed agreements include a lack of capacity. If your loved one suffered from dementia, confusion, or cognitive impairment when signing, New Mexico courts often void these agreements. Medical records showing cognitive issues around the signing date are powerful evidence if you have a valid case.
Unfair Formation Tactics
Procedural unconscionability refers to problems with how an agreement was made, not just what is in it. It provides another pathway to invalidation. This occurs when the signing process involves high-pressure tactics, misleading statements, or inadequate time to review complex legal documents. Courts recognize the emotional vulnerability of families during nursing home admissions and scrutinize how facilities obtain signatures.
Questioning Signature Validity
Courts also examine whether proper authority existed for the signature. The agreement may be unenforceable if someone signed without appropriate legal authority (e.g., lack of power of attorney or guardianship). Similarly, courts may find the contract invalid if the facility fails to explain the significance of arbitration adequately.
Where Can Albuquerque Residents Find Help With Nursing Home Contracts
Albuquerque residents have several valuable resources when navigating complex nursing home contracts and arbitration agreements.
- The New Mexico Aging and Long-Term Services Department
- Legal Aid of New Mexico
- The State Bar of New Mexico
- The New Mexico Center on Law and Poverty
Albuquerque-based nursing home attorneys provide specialized expertise for immediate assistance understanding nursing home contracts.
They can do the following:
- Review the agreement before signing
- Suggest modification
- Help challenge existing agreements that contain unfair provisions
How Our Albuquerque Nursing Home Injury Attorneys Protect Your Rights
Families want to select a nursing home for their loved one with confidence and not have to worry about hidden legal traps. At PKSD, our skilled Albuquerque nursing home attorneys stand by families, fighting to protect resident rights and guiding them through the challenges of arbitration agreements.
Do not let legal documents compromise your loved one’s rights and care. Our compassionate attorneys will review your situation, explain your options, and develop a strategy to protect your family’s legal rights.
Learn more about your legal options: 505-677-7777.
