California law has proven to be a step ahead of federal law when it comes to banning arbitration agreements in nursing homes in order to prevent elder abuse. A recent Medicare final rule has banned nursing homes “from requiring patients to agree to mandatory arbitration prior to admission,” according to…
For more than a year, mandatory arbitration agreements have been illegal in California nursing homes. Instead, patients at facilities in San Diego can only be asked to sign voluntary binding arbitration agreements. Over the last year, the Centers for Medicare and Medicaid Services (CMS) has been working on a federal…
The California Advocates for Nursing Home Reform is out with a new video on arbitration agreements in the nursing home and residential care setting. There message is simple – don’t sign them. //www.youtube.com/watch?v=ZZl300OxpTs See Related Blog Posts: Mandatory Arbitration in Nursing Home Malpractice Claims Challenged Nursing Home Arbitration Agreements Deprive…
There is a growing movement to ban the common practice of requiring nursing home residents to waive their right to file a lawsuit in claims of negligence, abuse, or neglect in favor of arbitration. Last week, several consumer advocates testified before congress and criticized the practice of “forced arbitration.” Public…
When entering a nursing home, residents or their family are usually presented with a stack of documents that address everything from the fees to be paid to the type of pillow the resident prefers. More than a dozen signatures can be required to complete the admissions process. Often buried within…
Nursing homes around the country are now requiring prospective residents to agree to binding arbitration before admittance into a home. By signing an agreement to arbitrate, nursing home residents are forever giving up any rights to seek compensation in a court of law for harm caused by caregivers who abuse…