This past June, the Centers for Medicare and Medicaid Services (CMS) announced a proposal to do away with an Obama-era rule that prohibited all nursing homes that receive Medicare or Medicaid funding from requiring that disputes be settled by a third party rather than in a court, reports Lydia Wheeler.
More than 75 consumer rights group have banded together to fight the Trump administration’s “shameful” plan to take away the rights of elderly nursing home residents to sue facilities for abuse, neglect, sexual abuse and assault.
Consumer rights groups insist that the rule protects the elderly residents of assisted living facilities and have formed the Fair Arbitration Now (FAN) Coalition to fight the Trump administration’s attempt to strip away the right to take care facilities to court.
“We’re talking about everything you may have a problem with — abuse, neglect, sexual assault, a wide variety of things — they are now saying you are waiving your right to full justice,” said Remington Gregg, counsel for civil justice and consumer rights at Public Citizen, who also called the rule change unnecessary and shameful.
Not surprisingly, the pro-business American Health Care Association (AHCA), along with a group of nursing homes and the right-wing U.S. Chamber of Commerce, have been fighting the Obama administration’s rule in court since its inception, arguing that the rule violates the Federal Arbitration Act and that third-party mediation is cheaper and better for residents (and nursing-home owners) in the long-run.