Nursing homes have you sign a multitude of documents as a part of the admissions process. One of those documents- banned under President Obama, is called an Arbitration Agreement. By signing these agreements, patients or family members gave up their right to sue if they believed the nursing home was responsible for injuries or the patient’s death. The dispute was settled in private arbitration with any harm to the patient not having to be disclosed to the public. In 2017, the Center for Medicare and Medicaid Services (CMS) prohibited these agreements if the facility contracts with Medicare or Medicaid. They cited evidence that resolving disputes behind closed doors was detrimental to the health and safety of nursing home residents. The new rule takes effect on September 16, 2019, and allows for facilities to enter into pre-dispute agreements; however signed arbitration agreements aren’t required as a condition for admission. Chatter is suggesting whether or not this “new rule” is the same as the one that was banned and that it will be detrimental to patients’ rights, safety, and quality of care.
What Does the Reinstatement of the Rule Concerning the Use of Nursing Home Arbitration Mean for You?