Manhattan Nursing and Rehabilitation Center, LLC, Ashley Bouldin, LPN, and Fredia Harvey, LPN v. Verna Hawkins, Individually, and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Wydett Hawkins

Summary

The Mississippi Supreme Court affirmed the denial of a nursing facility's motion to compel arbitration in a wrongful-death action. The court held that, because execution of the arbitration agreement was not a condition of admission or continued care, the patient's wife lacked authority as a healthcare surrogate to bind him to the agreement. A dissent argued that signing the arbitration agreement was a healthcare decision and that the contrary rule from Mississippi Care Center of Greenville, LLC v. Hinyub should be overruled.

Holdings

1. A healthcare surrogate's authority is limited to healthcare decisions, and execution of an arbitration agreement is a healthcare decision only when the agreement is an essential part of the consideration for receiving healthcare. Because the agreement here was expressly voluntary and was not a condition of admission or continued care, Verna lacked authority to bind Wydett to arbitration.
2. The arbitration agreement was invalid and unenforceable because Verna lacked authority to execute it on Wydett's behalf.

Questions Presented

1. Whether execution of the arbitration agreement was a healthcare decision that Verna could make for Wydett as a healthcare surrogate under the Mississippi Uniform Health-Care Decisions Act.
2. Whether the arbitration agreement was valid and enforceable when it was not a condition of admission to or continued receipt of care at the nursing facility.
3. Whether the trial court properly denied the motion to compel arbitration and stay proceedings.

Disposition

affirmed