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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Nursing Home Arbitration Agreements

United States (federal and general)Last reviewed 18 September 2026

A nursing home cannot require you or your relative to sign a binding arbitration agreement as a condition of admission or continued care. If you do sign one, it must be explained in a way you understand, and federal rules give you the right to rescind it within 30 calendar days.

What Federal Law Says

Direct Answer: Under 42 C.F.R. § 483.70, a facility must not require any resident or representative to sign a binding arbitration agreement as a condition of admission, or as a requirement to continue to receive care.

If the facility offers arbitration, the agreement must be explained in a way the resident and representative understand, must explicitly allow rescission within 30 calendar days of signing, must provide for a neutral arbitrator and a venue convenient to both sides, and must not stop anyone from communicating with federal, state or local officials.

Why It Matters for a Claim

An arbitration clause, if valid, can send a neglect or wrongful death claim to private arbitration instead of a court and jury. Whether a clause is enforceable can depend on who signed it, whether the signer had authority, whether signing was voluntary and state contract law, and courts have differed. Do not assume that a signed clause ends your right to sue.

Before You Sign

Read the admission paperwork carefully, ask whether arbitration is optional, and remember you can decline. If you have already signed, note the date, since the 30-day rescission right is time-limited, and get legal advice before deciding what to do.

Frequently Asked Questions

Can a nursing home make me sign an arbitration agreement?

No. Federal rules prohibit a facility from requiring a binding arbitration agreement as a condition of admission or continued care.

Can I cancel an arbitration agreement I signed?

Yes, within 30 calendar days of signing, the agreement must give the right to rescind. After that, whether it can be challenged depends on the facts and state law.

Does an arbitration clause stop me suing?

It may send the claim to arbitration if valid and enforceable, but enforceability depends on who signed, whether it was voluntary and state law. An attorney can assess this.

Who can sign for a resident?

Someone with legal authority, such as the resident with capacity or a properly authorised representative. A family member without authority may not bind the resident, depending on the state.

What if I felt pressured to sign?

Tell your attorney. A requirement to sign as a condition of admission is prohibited by federal rules, and voluntariness is central to enforceability.

Can I get a nursing home lawyer without paying upfront?

Usually, yes. Personal injury attorneys typically work on contingency, being paid a percentage of the recovery only if the case succeeds, with the percentage and the treatment of case costs set out in a written agreement. Ask whether costs are deducted before or after the fee is calculated, and read the agreement before you sign.

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Wrongful Death

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How Contingency Fees Work

Step-by-step from free consultation to settlement

Read more

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. 42 C.F.R. § 483.70 (administration, including binding arbitration agreements)

    A nursing home may not require a resident to sign a binding arbitration agreement as a condition of admission or continued care; any agreement must be explained, allow rescission within 30 days and not discourage communication with officials.

  4. 42 C.F.R. § 483.10 (resident rights in long-term care facilities)

    Federal resident rights in Medicare/Medicaid nursing homes, including dignity, freedom from abuse and neglect, the right to be informed and to complain without reprisal, and access to the long-term care ombudsman.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.