New Law Protects Nursing Home Residents
Most people have heard about some of the common issues facing nursing home residents. While many homes offer the perfect mix of independence and care, some nursing homes are suspect in cleanliness, medical support, and even nursing home safety. Furthermore, the stereotype has ventured further into the national spotlight. Fortunately, nursing home residents and families of these residents received some good news.
Nursing Homes Cannot Force Residents to Enter Into Pre-Dispute Arbitration Agreements
Recently, the organization that governs Medicare and Medicaid funding recently announced that nursing homes would no longer be able to force residents to enter into pre-dispute arbitration agreements. This is the first legal change for nursing homes in two decades. These agreements were often found in the fine print at the bottom of contracts. Most people glance over this without fully understanding its ramifications. These clauses would take advantage of elderly individuals with failing faculties and distracted family members who could no longer take care of their loved ones. These clauses would require residents to resolve any issues with the nursing home outside of court. These agreements would prevent disputes from reaching the public eye and save these homes large amounts of money in legal costs.
New Law Protects Nursing Home Residents
With the new law going into effect at the end of November, residents will now be able to file suit against these homes in a court of law. While the 1.5 million nursing home residents can still elect to go to arbitration to avoid the courtroom, they are no longer required to. The new law will prevent pre-dispute binding arbitration agreements. It is the right of every American to have their day in court, should they desire to have it. The new law will protect nursing homes residents everywhere and ensure the rights of the most deserving members of our society are preserved.
While the rule applies only to nursing homes receiving Medicare or Medicaid funding, almost every nursing home receives most of its funding from Medicare. Medicare is the health insurance provider for individuals aged 65 or older. Because this covers almost all nursing home residents, almost every nursing home will have to agree to the new law. Those nursing homes who continue to require pre-dispute arbitration agreements will have their funding withheld.
National Outcry After Nursing Home Deaths
These laws come on the heels of some particularly poignant cases involving nursing home deaths that generated a large amount of national outcry. Recently, a 100 year-old woman died after her roommate strangled her. Around the same time, a 94 year-old woman had a large head wound that went unnoticed by the staff until it was too late. These lapses in supervision are unacceptable and these cases should never happen. It is important that these victims have their day in court. The new law will allow families to ensure the voices of these victims are heard and that these nursing homes are held accountable.
Nursing Home Injuries and Wrongful Death Lawyers
For people with loved ones suffering from elder abuses or who are victims of wrongful death, make sure that the responsible parties are held accountable. The legal system is in place to make sure justice is attained for everyone.
I’m Ed Smith, a Sacramento nursing home injury lawyer. Please give me a call anytime at (916) 921-6400 or toll free at (800) 404-5400 for free, friendly advice.
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Source of New Law Protects Nursing Home Residents – http://www.npr.org/sections/thetwo-way/2016/09/29/495918132/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court
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