Fight Ignites Over Right to Sue Nursing Homes

The Trump Administration attempts to remove the right to sue nursing homes for abuse

Consumer groups are trying to stop the Trump administration from removing the right to sue nursing homes for alleged abuse, neglect, or sexual assault from nursing home residents and their families. Over 75 consumer, health, and advocacy groups have formed the Fair Arbitration Now Coalition to stop this removal.

Back in June, the Centers for Medicare and Medicaid Services (CMS) stated that they planned to abandon the rule regarding nursing home liability. The rule prohibited nursing homes from including information in resident contracts that stated disputes must be settled by a third party and not through litigation.

In October, the American Health Care Association (AHCA) and several nursing homes sued CMS and the Department of Health and Human Services, stating that the rule violated the Federal Arbitration Act. Although Congress has repeatedly rejected legislation that invalidates arbitration agreements, the US Chamber of Commerce supports the rule change. CMS wants to revise the rule so that nursing home residents would receive a rule explanation, and confirm they understand.

Detractors of the rule change are considering legal action, and the Chamber insists that arbitration agreements are advantageous to both parties because they allow for a faster, more cost-effective resolution.

Removing the right to sue nursing homes for alleged abuse, negligence, and assault could put nursing home residents’ quality of life for in jeopardy. If you suspect a loved one is experiencing nursing home negligence or abuse, contact our New Jersey nursing home abuse lawyers at Davis & Brusca, LLC at 609-786-2540, or contact us online. We represent clients throughout New Jersey.