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U.S. to Bar Arbitration Clauses in Nursing Home Contracts

Do you support this change.

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JANFU

JANFU

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U.S. to Bar Arbitration Clauses in Nursing Home Contracts

http://www.nytimes.com/2016/09/29/b...column-region&region=top-news&WT.nav=top-news

The federal agency that controls billions of dollars in Medicaid and Medicaid funding has moved to prevent nursing homes from forcing claims of elder abuse, sexual harassment and even wrongful death into the private system of justice known as arbitration.

The agency, the Department of Health and Human Services, on Wednesday issued a rule that bars any nursing home or assisted-living facility that receives federal funding from inserting an arbitration clause into its contracts.

The rule, which would affect 1.5 million nursing home residents, promises to deliver major new protections.

Clauses embedded in the fine print of nursing home admissions contracts have pushed disputes about safety and the quality of care out of public view and into arbitration. The system has helped the nursing home industry reduce its legal costs, but it has stymied the families of nursing home residents from getting justice, even in the case of murder
Click to expand...
Do you support this change.
Arbitration contracts are uses by many companies and prevent those who have been legitimate claims from proceeding to courts of law.
Arbitrators make their money from companies who use them and are not impartial
Do you support this change?
 
JANFU said:
U.S. to Bar Arbitration Clauses in Nursing Home Contracts

The New York Times - Breaking News, World News & Multimedia


Do you support this change.
Arbitration contracts are uses by many companies and prevent those who have been legitimate claims from proceeding to courts of law.
Arbitrators make their money from companies who use them and are not impartial
Do you support this change?
Click to expand...

Yes, but why limit it to nursing homes?
 
JANFU said:
U.S. to Bar Arbitration Clauses in Nursing Home Contracts

The New York Times - Breaking News, World News & Multimedia


Do you support this change.
Arbitration contracts are uses by many companies and prevent those who have been legitimate claims from proceeding to courts of law.
Arbitrators make their money from companies who use them and are not impartial
Do you support this change?
Click to expand...

What it will deliver is many people on Medicare or Medicade out of nursing homes. If a nursing home does keep these patients they will have to raise prices because their insurance rates will increase. Arbitration is used so that defendants are not subject to runaway juries. Of course, people can be unfairly treated if the arbitrator is a jerk.

So nice idea, but will hurt the people it is supposed to help.
 
JANFU said:
U.S. to Bar Arbitration Clauses in Nursing Home Contracts

The New York Times - Breaking News, World News & Multimedia


Do you support this change.
Arbitration contracts are uses by many companies and prevent those who have been legitimate claims from proceeding to courts of law.
Arbitrators make their money from companies who use them and are not impartial
Do you support this change?
Click to expand...
I'm against anything that restricts full unfettered access to the courts.

Courts and polling places are hallowed ground in my world ...
 
JANFU said:
U.S. to Bar Arbitration Clauses in Nursing Home Contracts

The New York Times - Breaking News, World News & Multimedia


Do you support this change.
Arbitration contracts are uses by many companies and prevent those who have been legitimate claims from proceeding to courts of law.
Arbitrators make their money from companies who use them and are not impartial
Do you support this change?
Click to expand...

About damn time. Good on them.
 
We should never be forced to accept arbitration as a condition of doing business with someone, it should only be agreed to with the consent of both after a disagreement takes place. Presumably people would do it to avoid waiting for court time, which I was reading can run 5-6 years because the DC Elite both the R and the D division find gain in weakening the court system, playing politics with it.
 
JANFU said:
U.S. to Bar Arbitration Clauses in Nursing Home Contracts

The New York Times - Breaking News, World News & Multimedia


Do you support this change.
Arbitration contracts are uses by many companies and prevent those who have been legitimate claims from proceeding to courts of law.
Arbitrators make their money from companies who use them and are not impartial
Do you support this change?
Click to expand...

Yes. I can't imagine someone hired by a company to arbitrate to be impartial.Its basically like letting the accused in a crime be the prosecutor and judge.
 
SDET said:
Yes, but why limit it to nursing homes?
Click to expand...


Probably because that's the limit of what this agency can regulate without legislation being passed
 
JANFU said:
U.S. to Bar Arbitration Clauses in Nursing Home Contracts

The New York Times - Breaking News, World News & Multimedia


Do you support this change.
Arbitration contracts are uses by many companies and prevent those who have been legitimate claims from proceeding to courts of law.
Arbitrators make their money from companies who use them and are not impartial
Do you support this change?
Click to expand...

I don't support this change and I think the article is sensationalist. No arbitration clause can shield a company or its employees from criminal charges such as murder, elder abuse, or criminal negligence. Arbitration courts exist to settle civil matters and they are more financially beneficial than litigation for both parties. I think it's better for our society for adults to settle financial penalties amongst themselves instead of clogging up our courts with 'He ate my cookies!', 'She stubbed my toe!'
 
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