Congressional Effort to Invalidate Arbitration Clauses

Nursing homes all across the U.S. are fighting the effort in Congress to invalidate arbitration clauses in admissions contracts. This change would allow residents to sue for poor care and unlawful activity. Spokeswomen for the industry testified before lawmakers yesterday opposing the projected legislation that its supporters claim is needed to protects residents’ rights to sue.

The bill would not ban arbitration, but it would remove the clauses requiring it. Many who sign the contract do not notice the fine print and are unaware they are bound by arbitration and can not go to court to address claims of abuse or negligence. They are unknowingly signing away their right to go to court. With already 1.5 million Americans in long-term care facilities and soon to be an increase of almost eighty million, calls for these clauses to be sorted out immediately. Both the AARP and Alzheimer’s Association are both backing the legislation.

Of course the nursing home industry is stating that the clauses are voluntary and that ninety percent of the residents chose it. However, this legislation would not be at the forefront if the current clauses were not proposing problems. Nursing homes are certainly not always known for quality care therefore the residents should be protected and have the right to a fair trial just as all other Americans have.

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