My Cart - Saturday, September 4, 2010

AAHSA states, "Anti-Arbitration Legislation Must Be Defeated"

Published 13-Jul-2010 by Brian Stever in Legislative Committee

AAHSA opposes “Fairness in Nursing Home Arbitration Act”

July 8, 2010: The House Judiciary Committee soon will take up legislation to prohibit long-term care providers (nursing homes and assisted living) from asking residents to sign an arbitration agreement when they enter a long-term care facility, even if the arbitration agreement is not required for admission. The parties could agree to arbitration only after a dispute arises.

The Fairness in Nursing Home Arbitration Act is H.R. 1237 and a similar measure, H.R. 1020, would prohibit arbitration clauses in all consumer contracts. We strongly oppose both these bills.

The sponsors of the legislation have expressed concern that long-term care residents should not have "to choose between quality care and foregoing their rights within the judicial system". This is simply not accurate - quality of care is not and should not be dependent on the forum used to decide disputes. Arbitration does not replace all the elements that go into providing quality care - education, training, risk management policies and practices and the like.

Arbitration provides a simpler, less costly and more accessible way for people to resolve disputes than litigation. There are many ways that providers and consumers can ensure that arbitration agreements are fair and entered into voluntarily, without eliminating them entirely.

We must persuade the House not to prohibit voluntary arbitration agreements simply because they are part of admission agreements.

Follow the link to write a letter to your Representative if you aggree with AAHSA,

capwiz.com/aahsa/issues/alert/