The Trump administration has proposed revising a rule that hasn’t even gone into effect yet, with the goal of making sure that nursing home residents and their loved ones can not sue these long-term care facilities in the event that something horrible happens. Amid concerns about the treatment of patients at nursing homes and assisted living facilities, a growing number of the companies that operate these businesses have begun including forced arbitration clauses in their residents’ contracts. These clauses take away the patient’s constitutional right to a day in court, and shunt all legal disputes into private (often confidential) arbitration. Additionally, most arbitration clauses also include a ban on class actions, so multiple residents of the same facility who were each wronged in the same way would nonetheless be barred from having their issue heard jointly. Rather, each resident would be required to go through the arbitration process on their own.
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