H.R.1237 - Fairness in Nursing Home Arbitration Act of 2009 Sponsor: Linda Sánchez / 111th Congress

Title
111th Congress - To amend chapter 1 of title 9 of United States Code with respect to arbitration.
Summary
To amend chapter 1 of title 9 of United States Code with respect to arbitration. (by CRS)
Status
The bill has been introduced.

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Protect Our Loved Ones: End Forced Arbitration Now by Karen Chung, Jun 1, 2009 (9:16pm)

Companion bills S. 512 and H.R. 1237 (111th), the Fairness in Nursing Home Arbitration Act of 2009, would invalidate pre-dispute binding arbitration provisions in contracts for nursing home and assisted living facilities. Since a majority of nursing home admissions occur after a medical emergency, families often choose a home in a hurry, without an opportunity to review the contract. Often, these contracts include provisions that bar clients from suing the home for bad care. Under S. 512 and H.R. 1237, such provisions would be invalidated. Although unfortunate, abuse and negligence in nursing homes are a reality. In the past, nursing home clients have suffered from malnutrition, physical assault, and sexual assault without the physical capabilities to fend for themselves. Families who leave their loved ones in the care of strangers already struggle with the separation. Forcing these families to sign away their rights to sue for negligent care is cruel. If passed, these bills would help to reduce the state of vulnerability that these families and their loved ones experience during the entire admission process.