HR 6126, the Fairness in Nursing Home Arbitration Act
Wednesday, June 25, 2008

One of the most difficult dilemmas we ever have to face in our lives is when that time comes to decide whether or not to place a loved one in a nursing home.

Just finding a clean and well respected facility with a good record on quality of care is difficult at best.  You may be surprised to learn there are rarely any requirements for reporting neglect and abuse in these facilities. 

And, you will be shocked to learn that hidden amongst the intake paperwork is an often overlooked and seldom explained sentence that will take away your right to hold the nursing home accountable should something happen to your loved one.  That sentence is a mandatory binding arbitration clause.  More and more families are learning about this after it’s too late to do anything about it.

Mandatory binding arbitration clauses are inherently unfair to consumers.  Should a dispute arise because your loved one is neglected, harmed or injured, this clause would not only bar you from holding the facility accountable in a local court, but it would allow the nursing home itself to choose the supposedly neutral arbitrator. The arbitrator, though, will want repeat business, which only the nursing home can provide, making an arbitrator more likely to rule in favor of the nursing home – sometimes no matter how egregious the neglect. 

Also, arbitrators do not have to follow the letter of the law, and are often not even attorneys. 

In an attempt to right this wrong, Congresswoman Linda Sanchez has introduced HR 6126, the Fairness in Nursing Home Arbitration Act.  This bill will eliminate mandatory binding arbitration clauses in nursing home contracts and restore nursing home residents’ ability to hold the facility responsible for their actions.  Without this important safeguard, nursing homes have no motivation to provide quality care. 

Recently the House of Representatives held a hearing on this issue, and the testimony of Linda Stewart, whose grandmother lost her leg because of nursing home neglect, illustrated just how unfair these clauses are for consumers.  Ms. Stewart’s testimony is available for review here. 

Call to Action:

Please, contact your Representative today and ask them to cosponsor HR 6126, the Fairness in Nursing Home Arbitration Act.  After everything our seniors have done for us, the least we can do is ensure they are protected.

Thank You!

Jill Burke
People Over Profits Campaign