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Published on FierceHealthcare (http://www.fiercehealthcare.com)

Bill would restrict use of arbitration in nursing home disputes

By anne
Created Mar 5 2009 - 11:30am

Two Senators have introduced a bill that would prevent nursing homes from forcing residents to sign arbitration agreements prior to a legal dispute.

Right now, it's not uncommon for nursing home corporations to insist that residents sign a contract agreeing to arbitration in disputes. As Sens. Mel Martinez (R-FL) and Herb Kohl (D-WI) see it, however, such pre-dispute mandatory arbitration clauses take away residents' and families' right to hold a facility accountable in court for care resulting in serious injury or death.

The bill wouldn't forbid nursing home companies from entering arbitration when disputes arise, just pre-dispute agreements that prohibit court battles.

To learn more about the bill:
- read this Modern Healthcare article [1] (reg. req.)

Related Articles:
Nursing home drug errors remain hidden [2]
Serious nursing home quality problems still exist [3]
U.S. lawmakers want new nursing home regulations [4]
Senator urges creation of nursing home watch list [5]


Source URL:
http://www.fiercehealthcare.com/story/bill-would-restrict-use-arbitration-nursing-home-disputes/2009-03-05