McCumber Daniels Attorneys Successfully Compel Several Long-Term Care Claims to Arbitration

Arbitration is a favorable means of alternative dispute resolution, and it is an efficient means of resolving disputes by reducing the delays and expenses associated with litigation, while providing the parties the same rights available through traditional litigation. McCumber Daniels is committed to protecting its clients’ right to enforce valid arbitration agreements by seeking compel arbitration based on arbitration provisions contained in long-term care admission agreements. McCumber Daniels has enjoyed recent success in several counties, including Duval, Hillsborough, Lake, and Sarasota.

In ruling on a Motion to Compel Arbitration, the Court is limited to considering the following issues: 1) whether the contract contains a valid arbitration clause; 2) whether an arbitrable issue exists; and 3) whether the right to arbitration has been waived. Seifert v. U.S. Home Corp., 750 So.2d 633 (Fla. 1999) (applying the Florida Arbitration Code).

The following is a sample arbitration provision typically included in agreements for long-term care:

OPTIONAL ARBITRATION CLAUSE (If the parties to this Agreement do not wish to include the following arbitration provision, please indicate so by marking an “X” through this clause. Both parties shall also initial that “X” to signify their agreement to refuse arbitration.) Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration in accordance with the provisions of the Florida Arbitration Code found at Chapter 682, Florida Statutes, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Until recently, there was not a significant amount of case law addressing arbitration provisions within contracts for long-term care services. The issue of arbitration agreements within such contracts is now at the forefront of litigation, and the current subject of numerous appellate decisions.

In fact, in the past year, the appellate courts have been inundated with appeals related to arbitration agreements concerning issues such as unconscionability, third-party beneficiaries, and whether a claim for alleged resident rights violations arises out of the admission contract. The following are some of the recent decisions addressing such topics: Consolidated Resources Healthcare Fund I, LTD v. Fenelus, 853 So. 2d 500 (Fla. 4th DCA 2003), Gainesville Health Care Center, Inc. v. Weston, 857 So. 2d 278 (Fla. 1st DCA 2003), Romano v. Manor Care, Inc., 861 So. 2d 59 (Fla. 4th DCA 2003), Five Points Health Care LTD v. Alberts, 867 So. 2d 520 (Fla. 1st DCA 2004), and Richmond Healthcare, Inc. v. Digati, 2004 WL 1196637 (Fla. App. 4 Dist., 2004).

If you have any questions regarding arbitration, please contact one of the McCumber Daniels professionals.