Supreme Court’s arbitration decision could pose threat to SNF industry, insiders say

McKnight’s Long-Term Care News & Assisted Living

A Wilkes & McHugh nursing home arbitration lawsuit is scheduled to be argued before the Supreme Court of the United States on Feb. 22. The results “may change the future of the industry, according to those close to the case.” The lawsuit, Kindred Nursing Centers v. Clark, revolves around three consolidated wrongful death cases in which a person with power of attorney signed arbitration agreements. The Supreme Court of Kentucky determined the agreements were not binding because the people with power of attorney were not specifically granted permission to waive the residents’ right to a trial. However, the American Health Care Association called the Kentucky court’s ruling “erroneous” and requested that the Supreme Court review the case.

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