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Nursing Home Admission Contracts Deny Elders and Dependent Adults of Their Constitutional Rights

Nursing Home Admission Contracts Deny Elders and Dependent Adults of Their Constitutional Rights

The fine print buried in nursing home admissions contracts is depriving nursing home residents and their families of their constitutional rights.

During the incredibly stressful nursing home admissions process, many nursing home corporations push residents and their families into signing take-it-or-leave-it terms that deny their right to sue — even in instances when residents suffer severe neglect, serious injuries or even death.

Nursing homes should be places where elderly individuals can live in dignity and thrive with the support of caring professionals.

Sign the petition: Forced arbitration clauses in nursing home contracts must be banned in order to restore the rights of residents and their families.

Forced arbitration clauses are unfair terms that block consumers from accessing the court system. Instead, consumers are pushed into private, biased arbitration forums where decisions are made by corporations’ handpicked arbitration firms that are not required to follow the law and where there are no appeals and no transparency.

The Centers for Medicare and Medicaid Services (CMS), the federal agency that administers Medicare and Medicaid, has the power right now to end forced arbitration for nursing homes that rely on public funding (nearly all).

CMS can require nursing homes that want to receive taxpayer funds to stop forcing residents to sign away their rights. It can restore residents’ rights and choice by making arbitration truly voluntary when the disputes arise.

Claims against nursing homes can be heartbreaking, including neglect and abuse that can add tremendous suffering to the years residents spend in their care.

If anything, the rights of seniors in nursing homes — who rely on caretakers to meet their medical, physical and other daily needs — should be strengthened, not weakened.

Let’s send a strong message to CMS and urge the agency to prioritize the rights of seniors over corporate corner-cutting.

Add your name right now. Tell CMS: America’s seniors should not have to sacrifice their rights as a condition for admission into a nursing home

About the Author

Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.


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