Has Forced Arbitration Been Forced Out of Nursing Homes?

December 19, 2016 / 12:00 pm

A few months ago, the personal injury attorneys here at Colson Hicks Eidson brought you the story of a 100-year-old woman who was murdered by her unstable roommate in a nursing home. The woman’s son quickly pursued negligence charges against the nursing home because of the roommate’s record of violence, but he was blocked by the forced arbitration clause hidden in the contract he signed when his mother was admitted. However, new efforts by lawmakers might keep this man’s tragedy from being repeated.

Will Nursing Homes Be Forced to Abandon Forced Arbitration?

An agency within the Health and Human Services Department (HHS) is pushing to institute a new rule that could put a stop to forced arbitration in Nursing homes. It would prevent nursing homes that receive federal cash from requiring that their residents solve legal disputes with the nursing home through arbitration. This is a big change for millions of nursing home residents all around the country.

Right now, arbitration is billed by companies as a cheaper and faster way to resolve legal matters than going to court. However, arbitration can be very biased as firms tend to use the same arbitrators that side with them over and over again. Furthermore, arbitration happens behind closed doors and so details about these cases are never revealed to the public. This can hide cases of fraud, criminal activities and even elder abuse from the public eye. That’s why HHS acted, but there are still obstacles to beat.

Nursing homes all over the country are speaking out about this new rule, and they are claiming that HHS doesn’t have the authority to institute these rules. They claim that the new legal liabilities that this rule will open up may also close several nursing homes. But HHS is standing firm.

This new rule is due to go into effect in November, but courtroom resistance to the rule may delay it from being enforced. Do you think HHS has a point, or will the nursing home industry take too big of a hit? Tell us what you think on Twitter and Facebook, and don’t forget to follow our blog for more info about your constitutional rights.

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About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

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The agreement formally resolves all litigation between the parties and establishes a framework for the continued growth and stability of public media in South Florida.

Among its key provisions, the settlement allows SFPMG to acquire West Palm Beach radio station WFLM – The Flame and transfer it to the School Board, expanding WLRN’s reach into Palm Beach County. The agreement also extends SFPMG’s management of WLRN and WFLM (upon acquisition) for an additional seven years and includes governance and leadership reforms designed to support the organizations’ long-term success.

The matter was handled by Roberto Martinez, Sabrina S. Saieh, and Zachary A. Lipshultz on behalf of the Miami-Dade County School Board.

The resolution reflects a shared commitment to ensuring that WLRN continues to provide trusted journalism, educational programming, and public service to communities throughout South Florida.

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Miami Herald – WLRN, school board settle legal battle. What it means for the station’s future

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About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson

Colson Hicks Eidson has once again earned a Band 1 ranking in the Chambers USA 2026 Guide for Litigation: Mainly Plaintiffs in Florida – one of only four law firms in the state to receive this highest ranking. We are especially honored that five of our attorneys were individually recognized for their leadership, legal excellence, and commitment to client service.

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About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com

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About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

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About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

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About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.