Nursing Home Care Act/ Arbitration / Preemption 2nd Dist.

Fosler v. Midwest Care Center II, No. 2-08-1005 (May 8, 2009) Winnebago County (Burke) (O’MALLEY, special concurrence) Reversed and remanded.
Trial court erred when it denied defendant’s motion to compel arbitration of plaintiff’s claim under the Nursing Home Care Act; because, contrary to holding by 5th Dist. in Carter, provisions of Section 3-606 and 3-607 of Nursing Home Care Act, which guaranty right to jury trial, are preempted by Federal Arbitration Act. Therefore, trial court should have enforced arbitration clause contained in admission agreement.