U.S.Rep. Linda Sanchez (D-CA) on Friday re-introduced a bill that wouldprohibit nursing home and assisted living operators from includingpre-dispute arbitration clauses in their admissions contracts.Providers wasted no time attacking the bill, just as they havesimilar legislation in the past.
Providerscontend that pre-dispute agreements compel “more timely, lessadversarial settlements” by averting lengthy, potentiallyhigher-costing lawsuits. One top nursing home lobbyist said the newbill, the Fairness in Nursing Home Arbitration Act (HR 1237)“needlessly discriminates” against both providers and those intheir care.
“Arbitrationsettlements are quicker and less adversarial than traditionallitigation, and many courts throughout America have determined theprocess to be both fair and appropriate,” stated Dave Kyllo,executive director of the National Center for Assisted Living. “Webelieve that fair and timely resolution to any legal concerns is inthe best interest of the patients, residents, taxpayers and thenation’s entire health care sector.”
Kylloalso called HR 1237 “a misguided attempt to restrict and weaken theFederal Arbitration Act.” Similar anti-arbitration clause billshave been introduced in the House and Senate previously but havenever come close to becoming law.
