Not necessarily — signing an arbitration agreement does not always take away your right to sue. Many Virginia nursing home admission packets bury a pre-dispute arbitration agreement among dozens of forms, and families often sign without realizing what it means. The good news is that these agreements can sometimes be set aside, and federal rules place important limits on how they can be used.
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What an Arbitration Agreement Does![Virginia Nursing Home Abuse Lawyer Mottley Law Firm]()
An arbitration agreement is a contract in which the parties agree to resolve disputes through a private arbitrator instead of a court. When enforceable, it can send an abuse or neglect claim out of the public court system and into private arbitration, often with different procedures and no jury. That is why nursing homes favor them — and why families should understand their rights before signing.
Federal Rules Protect Nursing Home Residents
In a 2019 final rule (codified at 42 CFR § 483.70), the federal Centers for Medicare & Medicaid Services placed key restrictions on Medicare- and Medicaid-certified facilities:
- A facility cannot require a resident to sign a pre-dispute arbitration agreement as a condition of admission or as a requirement to keep receiving care;
- The agreement must be explained in a language and manner the resident understands;
- The resident has a 30-day right to rescind (cancel) after signing; and
- The agreement cannot prohibit the resident or family from contacting federal, state, or local officials.
If a facility required arbitration to admit your loved one, that alone may make the agreement vulnerable to challenge.
Other Ways These Agreements Can Be Challenged
Even a signed agreement can be attacked on ordinary contract grounds, such as:
- No legal authority to sign. If a family member signed without a valid power of attorney or other legal authority to bind the resident, the agreement may not hold. See our discussion of powers of attorney and abuse.
- Pressure, confusion, or misrepresentation. Admission is a stressful, crisis-driven moment, and agreements signed under those conditions can be contested.
- Unconscionability. Terms that are grossly unfair may be unenforceable.
- Scope. The specific abuse or neglect claim may fall outside what the agreement covers.
- Wrongful death beneficiaries. Family members bringing a wrongful death claim who never signed may have arguments against being bound.
It is worth noting that under the Federal Arbitration Act, courts do enforce valid arbitration agreements, so these challenges are fact-specific and require careful legal analysis.
What to Do if You Signed One
Do not assume your case is over. Locate the admission paperwork, note the date it was signed (the 30-day cancellation window may still be open), and have an attorney review it before taking any action. Keeping copies of every document you signed at admission is critical.
Have a Virginia Nursing Home Lawyer Review Your Paperwork
The Mottley Law Firm can review a nursing home arbitration agreement and advise you on whether it can be challenged. Learn about our Virginia nursing home abuse and neglect representation, or contact us or call (804) 409-0876 for a confidential consultation.
This page provides general legal information about federal rules and Virginia law and is not legal advice. Whether an arbitration agreement is enforceable depends on the specific facts. Please consult an attorney.
