Attorney General Kris Mayes of Arizona has made another move to increase transparency in the state's assisted living sector by securing a court-approved consent judgment that eliminates confidentiality mandates in arbitration agreements at facilities operated by Bandera Healthcare—part of The Ensign Group, Inc, reports state. This action ensures that going forward, residents and their families can freely report evidence of abuse without fear of contravening secrecy clauses, previously embedded in the arbitration agreements.
The battle for transparency, according to Attorney General Mayes, is central to protecting the state's most vulnerable residents, and this latest legal development is a significant milestone in that journey, “This is another important step toward the goal of transparency and accountability for all companies that provide care to our most vulnerable citizens,” Mayes stated, asserting that earlier restrictions thwarted efforts to clamp down on abusive practices within these care facilities by impeding communication with legal authorities.
This second ruling comes on the heels of a similar agreement with Senita Ridge earlier this year, showing a trend towards more open disclosure in cases involving the care of vulnerable adults in Arizona. The necessity of such legal interventions was highlighted in the case of Robert Knight, a dementia patient who tragically died from a devastating bed sore while at Sunwest Choice, an assisted living facility with a secrecy clause that has since been deemed illegal.
Furthermore, Mayes lauded Bandera Healthcare for proactively removing these clauses even before the official intervention, saying, “I was especially pleased to learn that Bandera had already changed their forms to eliminate these clauses even before we intervened in their case” and emphasizing preparedness to pursue as many interventions as necessary to abolish secretion clauses, which would become unnecessary if facilities voluntarily eschewed such measures. As part of the settlement, the defendants have agreed to inform those who signed older arbitration agreements about the invalidity and unenforceability of the secrecy clauses they contain.
In an effort to ensure compliance and awareness, Attorney General Mayes encouraged individuals bound by previous agreements with secrecy clauses to reach out to her office should they not receive notification from the facilities of the clauses' annulment. The consent judgment document outlines the full terms and is available publicly for scrutiny following court approval. With transparency at the forefront, Mayes hopes that "every long-term care facility in Arizona gets that message and embraces transparency without the need for intervention from the Attorney General’s Office."
