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Ban on Nursing Home Arbitration: Greater Resident Rights Protection

This act prohibits nursing homes and skilled nursing facilities from requiring residents to sign pre-dispute arbitration agreements. This means residents and their families can pursue their rights in court, not just through arbitration, enhancing their legal protection. The changes apply to both Medicare and Medicaid programs.
Key points
Nursing home residents will not be required to agree to arbitration before a dispute arises, giving them the freedom to choose legal action.
Pre-dispute arbitration agreements with nursing facilities will not be valid or enforceable, regardless of when they were signed.
Decisions on the validity of arbitration agreements will be made by courts, not arbitrators, ensuring independent review.
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Additional Information
Fairness in Nursing Home Arbitration Act
Print number: HR 2812
Sponsor: Rep. Sánchez, Linda T. [D-CA-38]
Process start date: 2021-04-22