WASHINGTON, Oct.
16, 2015 /PRNewswire-USNewswire/ -- The Centers for Medicare and Medicaid
Services (CMS) should prevent nursing homes from taking away the legal rights
of their residents through the use of forced binding arbitration, said consumer
and public interest organizations including AARP, members in the Fair
Arbitration Now coalition, and former U.S. Congressman Henry Waxman.
The
organizations submitted formal comments to CMS along with more than 50,000 individual petition signatures urging the
agency to eliminate the use of forced arbitration by nursing home facilities
that receive federal funding through the Medicare and Medicaid programs.
Additionally,
27 members of Congress submitted a letter to CMS this morning calling for a
strong rule to prohibit forced arbitration in nursing home agreements. Today is
the final day for public comments on CMS's pending update of nursing home
standards.
Forced
arbitration clauses are unfair terms that block seniors and their loved ones
from accessing the court system if they are the victims of severe neglect,
abuse, serious injury or death at the facility.
Such forced arbitration
clauses, where residents surrender their legal rights before any disputes
arise, often prevent families of those abused or neglected in nursing homes
from holding the companies accountable through the civil justice system.
Instead, they are pushed into private, biased arbitration forums where
consumers are at a disadvantage and where there are no appeals, no
accountability and no transparency.
On
a call with reporters today, Waxman—who was a leader in passing the Federal
Nursing Home Reform Act in 1987 after a spate of revelations about substandard
care in many nursing facilities—called for an end to forced arbitration in
nursing home contracts.
"Admitting
a loved one to a nursing home is already an emotionally difficult moment in a
person's life. Adding fine print to the resident forms that deny patients and
their families their fundamental right to hold the corporations that run these
facilities accountable is unconscionable," he said.
"As an original
author of the Federal Nursing Home Reform Act, I strongly urge the CMS to limit
the use of pre-dispute forced arbitration clauses. No one should be forced to
accept denial of justice as a price for the care their loved ones
deserve."
In
July, CMS proposed new rules for nursing homes that receive federal funding
that acknowledged the burdens of arbitration clauses on residents harmed by
nursing homes, but neglected to put an end to the practice.
CMS proposed small
revisions that unfortunately would have little effect on nursing homes' ability
to force residents to unwittingly forfeit their rights to go to court if a
dispute arises and could make protecting nursing home residents from harm even
more difficult.
The groups called upon the agency to ensure that any
arbitration is truly voluntary by preventing its use before a dispute occurs.
The parties could still agree to arbitration, but only after a dispute occurs.
The
Fair Arbitration Now coalition is supported by than 70 consumer, labor, legal
and community organizations.
Included
below are quotes from AARP, Alliance for Justice, American Association for
Justice, National Association of Consumer Advocates, National Consumer Voice
for Quality Long-Term Care and Public Citizen:
David
Certner, Legislative Counsel & Legislative Policy Director at AARP:
"AARP recommends that CMS revise its proposal so that arbitration
agreements in long-term care facilities are permitted only when the agreement
to arbitrate is made after a dispute arises. This ensures that residents are
knowingly and voluntarily entering these agreements. Mandatory binding
arbitration agreements are completely inappropriate where health and life are
at risk."
Kyle
Barry, Director of Justice Programs at Alliance for Justice:
"Imagine having a loved one abused or neglected by the very place
entrusted with their care, only to find out that you can't hold the institution
accountable in court. That's what forced arbitration does to vulnerable
senior citizens and their families."
Linda
Lipsen, CEO of the American Association for Justice: "Too often seniors
are abused or neglected in nursing homes, and rather than fix the problem, the
companies shield themselves from being held accountable with the use of forced
arbitration. CMS can make nursing homes safer by ensuring they can be held responsible
through the civil justice system if they mistreat their residents."
Christine
Hines, Legislative Director of National Association of Consumer Advocates: "Terms
that require residents to resolve disputes in secret forced arbitration
proceedings help nursing homes to keep serious health and safety violations
under wraps for too long. On the other hand, restoring residents' access to
justice will increase nursing homes' incentive to provide better care to
residents, which ultimately will save health care costs."
Marybeth
Williams, Public Policy Associate at the National Consumer Voice for
Quality Long-Term Care: "One of the most critical improvements CMS
could make in the federal nursing home regulations would be to ban the use of
pre-dispute arbitration agreements by facilities. In our experience, such
agreements never are good for consumers and never are made on a consumer's
initiative. Instead, they are drafted by facilities and signed by
consumers who feel that they do not have the freedom to say 'No.' Unlike
disputes with a bank or cell phone provider, disputes that arise in
nursing homes often involve catastrophic events such as pressure sores,
malnutrition, dehydration, asphyxiation, sexual assault, and death. Residents
and their representatives cannot reasonably foresee such tragedies occurring
when these agreements are presented to them. CMS's proposed language would be
ineffective and, worse yet, would suggest that pre-dispute arbitration
agreements are approved by the agency. CMS must make the right choice for
residents and ban the use of pre-dispute, arbitration agreements by nursing
homes once and for all."
Susan
Harley, Deputy Director of Public
Citizen's Congress Watch Division: "Nursing home admission often takes
place under stressful conditions like the aftermath of a recent hospital stay
or medical emergency. It is unfair that in the midst of such challenging
circumstances, residents and their family members are presented with
nonnegotiable documents which likely contain forced arbitration clauses
requiring residents to surrender their right to bring legal claims against the
facilities in court if something goes wrong. Such clauses should be banned and
CMS has the power to do it. We eagerly await their action."
No comments:
Post a Comment