Schakowsky, Sánchez Introduce Legislation to Protect the Legal Rights of Elderly Americans
WASHINGTON – U.S. Representative Jan Schakowsky (IL-09), Co-Founder and Co-Chair of the House Democratic Caucus Task Force on Aging and Families, and U.S. Representative Linda T. Sánchez (CA-38) reintroduced the Fairness in Nursing Home Arbitration Act to protect elderly Americans in nursing homes. This legislation would prohibit long-term care facilities from requiring or soliciting residents to enter into pre-dispute, mandatory, binding arbitration agreements.
“When families make the difficult decision to bring a loved one to a nursing home, they have the expectation that they will receive the high-quality care and comfort they need. Unfortunately, too often, families unknowingly sign away their right to seek justice when something goes wrong and are forced into an often-unfair arbitration process. We must say no to mandatory arbitration,” said Congresswoman Jan Schakowsky. “That is why I am proud to introduce the Fairness in Nursing Home Arbitration Act with Rep. Linda Sánchez to create a safer, more transparent environment for families and their loved ones in long-term care facilities. Even before the COVID-19 pandemic, arbitration had detrimental effects on families and nursing home residents. Whether it is willful neglect or a simple accident, residents and their families should have the right to seek justice in front of a judge and jury, not behind closed doors."
“Every family deserves peace of mind when deciding on long-term care for a loved one,” said Congresswoman Linda Sánchez. “Moving a loved one into a long-term care facility is a stressful decision. I remember clearly when my family had to make the difficult decision to move my father and my mother into nursing homes. Families should be focused on care, not convoluted, potentially harmful agreements. This bill will ensure that families won’t be pushed into these binding, often pernicious contracts that do not provide adequate protections in the event of neglect, abuse, or malpractice. I urge my colleagues to support this legislation and stand with me in protecting our elderly parents and loved ones from potential harm.”
“Consumer Voice thanks Congresswoman Sánchez and Schakowsky for reintroducing this critical bill banning forced pre-dispute arbitration in nursing home admissions contracts,” said Sam Brooks, Director of Public Policy at the National Consumer Voice for Quality Long-Term Care. “These contracts take advantage of nursing home residents and their families when they are most vulnerable, during admission to a nursing home. The sole purpose of these contracts is to allow nursing homes whose negligent care harms or kills residents to avoid accountability. The Fairness in Nursing Home Arbitration Act would help ensure all residents are safer by preventing nursing homes from avoiding responsibility for their harmful care.”
“Residents entering into nursing home care already find themselves in a vulnerable position and should not be forced to read and re-read the fine print of nursing home agreements to make sure that their right to access the courts is not being stripped away by signing an agreement with their new home,” said Martha Perez-Pedemonit, Civil Justice & Consumer Rights Counsel for Public Citizen. “After having endured the worst hardships during the COVID-19 pandemic, nursing home residents deserve the peace of mind of knowing that their rights will be enforceable in public courts, regardless of when they were admitted to the nursing home facility. Public Citizen applauds Congresswomen Sánchez and Schakowsky’s ongoing efforts to protect nursing home residents from forced arbitration clauses imbedded in nursing home contracts.”
This legislation is endorsed by American Association of Justice, California Advocates for Nursing Home Reform, Center for Medicare Advocacy, Long Term Care Community Coalition, National Academy of Elder Law Attorneys, National Association of Local Long-Term Care Ombudsmen, National Association of State Long-Term Ombudsman Programs, National Consumer Voice for Quality Long-Term Care, Public Citizen, and SEIU
In addition to Congresswomen Schakowsky and Sánchez, this legislation is cosponsored by Reps. Suzanne Bonamici (OR-01), Judy Chu (CA-28), Diana DeGette (CO-01), Lloyd Doggett (TX-37), Maxwell Frost (FL-10), Jerry Nadler (NY-12), Eleanor Holmes-Norton (DC-AL), Bill Pascrell, Jr. (NJ-09), and Paul Tonko (NY-20).
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