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BH&F Blog

Friday, September 19, 2008

Senate Committee Passes Nursing Home Arbitration Bill

McKnight's Long term Care News reports that The Fairness in Nursing Home Arbitration Act of 2008, a bill that would eliminate arbitration agreements as a requirement for admission into a nursing home, is one step closer to becoming a law. The Senate Judiciary Committee passed the bill last Thursday. Since its introduction in April of this year, the legislation has sparked a heated debate between lawmakers and consumer advocates on one side and nursing-home groups on the other. As recently as last Wednesday, healthcare lobbyists were sending letters to high-ranking members of the Senate Judiciary Committee in an effort to defeat the bill. Many in the long-term care industry argue that eliminating mandatory arbitration agreements will cause facilities to focus resources more on legal battles than on improving quality of care.The Fairness in Nursing Home Arbitration Act will not entirely do away with arbitration agreements, lawmakers note. Rather, it will make them a voluntary agreement. Before it can become law, the bill must be debated on the Senate floor. No debate is currently scheduled.

We are hopeful that the Fairness in Nursing Home Arbitraiton Act of 2008 will ultimately become law. This law will help further guarantee and protect the rights of nursing home residents and prevent nursing homes that provide sub-standard care and treatment to their residents from hiding behind arbitration agreements in their admissions contracts. If you have a question about a nursing home admissions contract or an arbitration provision that you are being asked to sign, call the experienced nursing home abuse and neglect lawyers at Burke Harvey & Frankowski. We will answer any questions you have about this important issue that affects every prospective or current nursing homr resident.

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posted by Todd Harvey at 7:46 PM

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