Arbitration and Dispute Resolution Toolkit 

The Long Term Care, Senior Housing, In-Home Care, and Rehabilitation and the Healthcare Liability and Litigation Practice Groups of the American Health Lawyers Association have produced this toolkit on arbitration to assist practitioners who advise healthcare providers, including long term care facilities, hospitals, and physicians, on various practice aspects of alternative dispute resolution in the long term care and healthcare settings. With an increase in litigation in these areas, this is an active and changing area. The toolkit is divided up into a number of sections as follows:

1. Arbitration Case Grid
   The arbitration case grid provides a searchable listing of cases involving healthcare arbitration decisions. The grid provides the information about the case, and also summarizes the issues in the case. A citation or link to the text of the case is also included for your reference. The case grid may be periodically updated.
   1. Case Grid: The grid is available in PDF format and a sortable Excel format.
      Summaries of some of the cases included in the case grid. View a listing of selected arbitration cases/opinions.
   2. Guide to Case Grid Codes and Fields: To conserve space and make the grid readable, the grid uses various codes and abbreviations to summarize the information about the cases.

2. White Papers and Other Articles
   This section includes articles written or contributed by your AHLA colleagues on various arbitration issues, as well as presentations and papers about arbitration and mediation in the long term care/healthcare setting.
   1. Alternative Dispute Resolution in a Long Term Care Setting – Marsha Greenfield, American Association of Homes and Services for the Aging, and Aric Martin, Rolf and Goffman (February 2004)
   2. Federal Arbitration Act ('FAA')—Preemption of State Law – Gavin Gadberry and Dan Schaap, Underwood Wilson Berry Stein & Johnson PC (May 13, 2004)
   3. Mediating and Arbitrating Long Term Care Disputes – National Arbitration Forum (January 2005)
   4. Mediating and Arbitrating Healthcare Disputes – National Arbitration Forum (January 2005)
   5. The Enforceability of Arbitration Agreements in Long-Term Care: Federal Preemption and State Law Challenges – Jane Bello Burke, O’Connell & Aronowitz PC (February 2006)

3. Laws or Guidance (UNDER CONSTRUCTION)
   This section includes various federal or state laws on arbitration and/or anti-arbitration bills, guidance from CMS on arbitration agreements, and other government communications on alternative dispute resolution.
   1. Centers for Medicare and Medicaid Services Memo on Binding Arbitration in Nursing Homes (CMS S&C 03-10 – January 9, 2003)
   2. HB1429-SB0897 on Waiver of Rights – Legislation introduced in the Tennessee General Assembly in the 2005 General Session

4. Sample Forms and Agreements (UNDER CONSTRUCTION)
   This section includes sample arbitration or other alternative dispute resolution agreements that Practice group members have contributed. As with all information provided by AHLA and its members, they are not intended to be used as legal advice, but only to serve as an informational and educational tool for your practice. Obviously, please be respectful in how you treat your colleagues contributed works.

5. Charter Contributors to the Toolkit:
   
   Barbara Miltenberger, Husch & Eppenberger LLC, Jefferson City, MO
   Christopher C. Puri, Boult Cummings Conners & Berry, Nashville, TN
   Christy Crider, Baker Donelson Bearman & Caldwell, Nashville, TN
   Keith Mauer, National Arbitration Forum, Minneapolis, MN
   Kelly Jolley, McNair Law Firm PA, Hilton Head Island, SC

If you have any feedback on this Toolkit or have a submission to be considered for posting, please email the LTC-SIR Practice Group Leadership.