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JOHNSON v. KINDRED HEALTHCARE, INC.

SJC-11335

466 Mass. 779 (2014)

BARBARA JOHNSON & another, as co-administratrices, v. KINDRED HEALTHCARE, INC., & others.

Supreme Judicial Court of Massachusetts, Plymouth.

January 13, 2014.

Attorney(s) appearing for the Case

John Vail , of the District of Columbia ( David J. Hoey with him) for the plaintiffs.

Christopher R. Lavoie for the defendants.

Kelly Bagby , of the District of Columbia, & Rebecca J. Benson & Debra Silberstein , for National Academy of Elder Law Attorneys (Massachusetts Chapter) & another, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

This case presents the question whether a health care agent's agreement with a health care facility to arbitrate disputes arising from the principal's stay at that facility constitutes a "health care decision" binding on the principal pursuant to G. L. c. 201D, § 5.4

The plaintiffs, administrators of the estate of Dalton Johnson, filed a complaint in the Superior Court against a national operator of nursing and...

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