A pitched battle over arbitration clauses

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Rep. Linda Sanchez (D-CA)
Rep. Linda Sanchez (D-CA)
U.S. lawmakers continued to campaign for an end to nursing home pre-admission agreements.
They hammered providers recently on the topic, holding no fewer than three congressional hearings and introducing the second of two bills that would prohibit the secretive deals during a four-week period.

Providers cried “discrimination” and consumer advocates called for even tougher stands during a House hearing June 10. 

Troubling anecdotes cited by other witnesses were the exception rather than the norm, testified provider Gavin Gadberry on behalf of providers at the House Judiciary Subcommittee on Commercial and Administrative Law.

Meanwhile, AARP board member Dr. William Hall wanted proposals to go further, covering all current residents, not just those working with agreements in the future.

“The Nursing Home Arbitration Act of 2008” (H.R. 6126 in the House and S. 2838 in the Senate) would lead to more litigation and divert scarce funding from resident care to attorneys, American Health Care Association CEO Bruce Yarwood said.

“Many courts throughout America have determined the process to be both fair and appropriate,” Yarwood said.