Nursing home arbitration agreements have been controversial for awhile now. The context for arbitration agreements often involves patients, sometimes with or without family members, signing documents directly upon admission. The patient or family member may not fully understand the extent to which the arbitration clause affects future legal action. However, the American Health Care Association has fought removing the agreements altogether.
“Both Congressional intent and current federal policy related to arbitration agreements is comprehensive. AHCA doesn't believe further agency directive is necessary or possible. Congress has spoken, and CMS does not have the authority to prohibit the use of arbitration agreements to which parties voluntarily agree,” wrote the AHCA President and CEO in a statement. The rule regarding the issues will be finalized soon. For more, read the story.