Many nursing homes and long-term care facilities had, amid their pages and pages of contracts signed upon admission, arbitration agreements. These agreements often prevented families from seeking justice for wrongdoing in court. However, last November, the Centers for Medicare and Medicaid Services prohibited these arbitration agreements in the first major overhaul of rules since 1991. Yet, as McKnights reports, the Trump Administration is seeking to overturn that ban.
Senator Al Franken, a Democrat representing Minnesota, opposes lifting the ban. He believes the decision to put forth the proposal is a “misguided decision.”
This proposal was submitted by the Centers for Medicare and Medicaid Services last Wednesday. The White House Office of Management and Budget reported that the proposal would be published on May 2nd.
Franken, who is an opponent of such clauses, spoke out about the proposal in a statement that was released last Thursday.
“Up to last year, many long-term care contracts were riddled with fine print that prevented residents and families who were wronged from seeking justice in court,” he said.
Continuing in the statement, Franken said that the Trump administration plans to lift the ban disallowing arbitration clauses, which he believes is a calamity for consumers.
Franken plans to fight back against the decision. He wrote a bill that was put forth in March that would ban arbitration agreements that are placed into effect prior to any disputes that may arise in regards to employment or consumer and civil rights.
If you believe that yourself or a loved one has been the victim of neglect or abuse while staying in a long-term care facility – you may be entitled to compensation. Contact the law offices of Schenk Smith and let our attorneys fight for you. Contact us today.
