Arguments in Favor of the Fairness in Nursing Home Arbitration Act
Although the AHCA/NCAL had their representative speak against it, the majority of witnesses in the hearing before the House Judiciary Subcommittee on Commercial and Administrative Law were in favor of the bill.
William J. Hall, speaking on behalf of the American Association of Retired Persons (AARP), pointed out that when people are looking to put a loved one in a nursing home, it is often done in a crisis situation, such as following discharge from the hospital, and people may be forced to take the first available bed without being able to adequately shop around and pick the best possible facility. These people may also be unable to adequately read and consider the admission paperwork, which is often presented as a "take it or leave it" holistic document, not one whose terms are separable and subject to debate. Unable to compare the nursing home against others and ignorant that they might be able to negotiate parts of the contract, residents and their families are forced to accept the arbitration agreement.
Linda Stewart gave her testimony as both a former nursing-home employee and granddaughter of a woman who suffered greatly as a result of nursing home neglect. Stewart's grandmother's leg was injured during a transfer from her bed to her wheelchair, but despite the woman's complaints, nursing home employees did nothing, and it was up to her visiting family to take her to the hospital, where it was discovered her leg was broken in two places, forcing amputation following the injury and neglect at the nursing home. When her family tried to file a lawsuit, they were forced into binding arbitration, which they found distasteful because it did not feel like justice and did not allow for public exposure of what had happened.
Kenneth Connor, a personal injury lawyer, also testified in favor the legislation. He pointed out that nursing homes tend to get a much better deal from arbitration than jury trials, partly because of the long-term client relationship they maintain with arbitrators. Arbitration also, he said, limits the number of witnesses and experts that can be called, the number of requests for documents and other evidence, and the length of time allowed for resolution, all of which favor the nursing homes, which have their evidence close to hand.
All these witnesses make strong arguments in favor of the bill, and we can only hope that it continues its progress toward law.
If you or a family member has suffered as a result of nursing home abuse or neglect, please contact the experienced nursing home lawyers at Pomerantz, Perlberger, and Lewis, LLP today for a free consultation and case evaluation.
