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Elder Advocates Support Legislation Limiting Forced Arbitration

Published on December 29th, 2019

The AARP and 13 other organizations support legislation that would prohibit nursing homes from requiring residents to waive their constitutional right to a  jury trial by allowing mandatory arbitration agreements with residents prior to any abuse, neglect, or acts of malfeasance.

The organizations are leaders and experts in long term care, elder law, and consumer advocates including The Long-Term Care Community Coalition, Justice in Aging and National Consumer Voice for Quality Long-Term Care.

The use of pre-dispute arbitration agreements is fundamentally unfair, and facilities and home and community-based services (HCBS) providers that receive federal Medicaid and/or Medicare funding should not be permitted to impose them on consumers,” the groups said in a letter to legislators.

When a person is seeking care for themselves or a loved one, they should be able to focus on the quality and range of services available. No one should be expected to anticipate or contemplate the occurrence of grievous harm or poor care when these agreements are signed upon admission or when one is about to begin receiving services,” the groups added.

Joe Pioletti
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