The Reality of the Nursing Home Admission Process
By: David S. Barmak, JD, CEO and
Betty Frandsen, MHA, RN, NHA, CDONA, FACDONA, C-NE, IP-BC

In the nursing home admission process, consideration of an arbitration agreement is not high priority for the individual being admitted or for the family dealing with the emotional trauma of placing a loved one into a nursing facility. What they all want to know is, “Will my mom or dad get better, and if that is not possible, will his or her needs be met? And will the staff be respectful of this person who means so much to me?” Most people have been exposed through the media reports to claims of abuse in nursing homes. That is a more weighty concern than a statement in the admission agreement about arbitration, which the person may not even understand. Admission
paperwork, including whether to sign a document that contains an arbitration clause or
not, is a mere distraction on the way to getting the patient/resident settled comfortably into a room. Family members are dealing with fear of the unknown, guilt over not being able to care for the individual, financial concerns, and the stress of maintaining
their personal and work commitments while carving out time for this new chapter in
life that does not seem to come with answers.