The United States Department of Health and Human Services finalized an administrative rule that will deny Medicare and Medicaid benefits to nursing homes that require residents to sign forced arbitration agreements.
The new regulations will help preserve the rights of individuals injured as a result of nursing home neglect. These important rights include the right to seek a jury trial for a civil claim.
Mandatory arbitration clauses have faced criticism in a variety of fields, including nursing home justice and employment law. Arbitrators sometimes are seen as favoring the industry in which claims arise. Claimants who must arbitrate claims instead of going to court face a lower success record and lower damages recoveries.
Accordingly, the new regulations are necessary to level the balance of rights between injured patients and the nursing homes that cause the injuries. The regulations are scheduled to become effective November 28, 2016:
Persons injured as a result of nursing home neglect have a right to consult a lawyer. The attorneys at Bye, Goff & Rohde, Ltd. represent persons injured in nursing homes. A free consultation is available at 1-800-607-3030