Ban on Nursing Home Arbitration: Protecting Medicare and Medicaid Residents' Rights.
This Act prohibits skilled nursing facilities and nursing facilities from requiring residents to sign pre-dispute arbitration agreements. This change ensures that residents covered by Medicare or Medicaid retain their right to pursue claims in court, rather than being forced into private arbitration. The goal is to enhance legal protection and transparency for the elderly and their families regarding disputes over care quality.
Key points
Arbitration Ban: Nursing facilities cannot require residents to sign agreements to arbitrate disputes (settle issues out of court) before any problem arises.
Right to Court: Residents and former residents of facilities covered by Medicare/Medicaid are guaranteed that disputes will be resolved by a court of competent jurisdiction, not an arbitrator.
Home Care Inclusion: The prohibition also extends to providers of home and community-based services under the Medicaid program.
Immediate Effect: The changes take effect immediately upon enactment and invalidate existing pre-dispute arbitration agreements of this type.
Expired
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