Illinois nursing home contracts: arbitration clauses allowed

Time was when Illinois nursing homes were not allowed to include provisions in their contracts with residents under which the resident waived his or her right to a jury trial. So said the Illinois Nursing Home Care Act. Well, it doesn't say that anymore. The Illinois Supreme Court's ruling earlier this year in Carter v. SSC Odin Operating Co. voided the anti-waiver provision of the Act. The court found that "the Federal Arbitration Act ('FAA') preempts Illinois state law restrictions on arbitration agreements and they are enforceable, as long as they do not run afoul of the state’s laws that apply to any contract," writes Edward Clancy in the latest issue of ISBA's Health Care Law newsletter. Read his analysis.
Posted on December 7, 2010 by Mark S. Mathewson
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