Tuesday, June 13, 2017

Trump wants to deny nursing-home residents and their families the right to sue


Let’s say your elderly parent was neglected or abused in a nursing home. In the past, your only recourse might have been arbitration, rather than going to court. But thanks to a rule put in place last fall by the Centers for Medicare and Medicaid Services, nursing homes that receive federal funding — which is most of them — could no longer include so-called mandatory arbitration clauses in their contracts. In other words, residents and their family members were given back the right to sue. Now the Trump administration is trying to get rid of that protection. Under-new-management CMS released a proposed rule last week that would rescind the earlier rule and once again make forced arbitration the industry standard.

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