Trump Administration Strips Nursing Home Residents of Their Rights
Final Rule Allows Nursing Homes to Force Vulnerable Americans into ArbitrationJuly 16,2019
Washington, DC — The following is a statement from American Association for Justice CEO Linda Lipsen on the final rule released from the Centers for Medicare and Medicaid Services greenlighting forced arbitration agreements in long-term care facility admission forms:
“When a family makes the difficult decision to admit a loved one into a long-term care facility, they are likely confronting a medical crisis and in urgent need of residential care. Today’s rule puts corporate profits ahead of accountability and safety by allowing nursing homes, the majority of which are owned by for-profit corporations, to force residents and their families into arbitration when they are at their most vulnerable.
“These clauses make the shadowy process of private arbitration the only recourse; even when a loved one is sexually assaulted, is seriously injured or dies. Forced arbitration shields nursing home corporations from the judgment of a jury and allows wrongdoing in nursing homes to continue without scrutiny, leaving our seniors defenseless against abuse.
“Congress must address this issue to protect America’s most vulnerable citizens by restoring their constitutional rights.”