Fairness in Nursing Home Arbitration Act

Fairness in Nursing Home Arbitration Act

This bill prohibits, and nullifies any existing, pre-dispute arbitration agreements with respect to Medicare skilled nursing facilities or Medicaid nursing facilities, home- and community-based services, or home health care services.

Bill 118 hr 7119, also known as the Fairness in Nursing Home Arbitration Act, aims to protect the rights of nursing home residents by prohibiting the use of pre-dispute arbitration agreements in nursing home contracts. These agreements often require residents to waive their right to sue the nursing home in court for any disputes that may arise.

The bill was introduced in response to concerns about the fairness of arbitration agreements in nursing home contracts, as they can limit residents' ability to seek justice for instances of abuse, neglect, or other harm. By prohibiting these agreements, the bill seeks to ensure that nursing home residents have access to the legal system and can hold facilities accountable for any wrongdoing.

Supporters of the bill argue that arbitration agreements can be unfair to residents, as they may not fully understand the implications of signing away their right to sue in court. They also argue that arbitration can be a less transparent and less favorable process for residents compared to traditional litigation. Opponents of the bill, on the other hand, argue that arbitration can be a more efficient and cost-effective way to resolve disputes, and that prohibiting these agreements could lead to an increase in frivolous lawsuits against nursing homes. Overall, the Fairness in Nursing Home Arbitration Act seeks to protect the rights of nursing home residents and ensure that they have access to the legal system to seek justice for any harm they may have experienced while in care.