Congress Looks at Stopping Nursing Home Tactic
When checking mom into a nursing home, in addition to telling them about her favorite foods, you are likely signing away her rights.
Buried in the stack of documents you will be signing is a promise not to sue the nursing home in court if they harm or kill mom.
It's called an "Agreement to Arbitrate" and it is underhanded and a pitiful abuse of trust.
An arbitration is a non-judicial proceeding where an "independent" third person (arbitrator) is given the facts of a dispute and decides the dispute impartially.
However, there is nothing impartial or independent about these nursing home arbitration agreements.
They are one-way agreements giving nursing homes the right to have any dispute, no matter how serious, decided by an "arbitrator" of their choice and they get to decide the rules by which the arbitration will be conducted.
These agreements have been used to prevent courts from holding nursing homes accountable for the injuries and deaths they cause to nursing home patients.
Now there is a bill before Congress that will stop these tactics. It is called The Fairness in Arbitration Act of 2009 (H.R.1237)
This proposed legislation will make these one-sided agreements unenforceable.
Write your Congressman and ask them to support this elder friendly legislation.
For us Arizonans, write to your Congressman:
86303 - 1st District - Kirkpatrick, Ann
85308 - 2nd District - Franks, Trent
85016 - 3rd District - Shadegg, John
85004 - 4th District - Pastor, Ed
85251 - 5th District - Mitchell, Harry E.
85204 - 6th District - Flake, Jeff
85364 - 7th District - Grijalva, Raul
85635 - 8th District - Giffords, Gabrielle
