If you or a loved one is entering a skilled nursing facility (“SNF”) in California for any length of time, you may be asked to sign an arbitration agreement with the SNF. Typically, such agreements are presented at the time of admission or just prior. Arbitration agreements typically are those that waive a SNF resident’s rights under the law—like the right to a jury trial on personal injury claims. But, California law requires that any such arbitration agreement presented to a SNF resident clearly state that signing it is NOT a precondition for admission to the SNF. And, the forms must clearly be separate from the rest of any admission contract. And, if you or a loved one has signed an arbitration agreement, you can rescind the agreement by giving written notice to the SNF within 30 days of having signed the agreement. Finally, the arbitration agreements cannot waive certain rights to SNF residents which were granted by the California legislature.
There are currently no similar protections for those entering Residential Care Facilities (“RCFEs”) in California.
Know your rights before you enter any care facility in California. Contact an attorney experienced in resident rights today.