Blumenthal: CMS Ruling Barring Arbitration Clauses Will Give Nursing Home Residents and Families the Opportunity to Seek Justice

[WASHINGTON, DC] – Today, Senator Richard Blumenthal (D-Conn.) released the following statement after the Centers for Medicare and Medicaid Services (CMS) released a ruling that would prohibit the use of pre-dispute binding arbitration agreements in long-term care facilities that receive federal funding, which will allow residents and their families to resolve any disputes in court instead of arbitration.

“These new, major protections are a significant step in the right direction--- allowing nursing home residents and their families to swiftly seek justice in the face of elder abuse or wrongful death instead of being subjected to unfair forced arbitration clauses used by federally-funded long-term care facilities. This ruling will rightfully give peace of mind for families across Connecticut and the country seeking the best care possible for themselves or their loved ones,” said Blumenthal.

“We are pleased to see CMS working to bring better quality of life to our nursing home residents.  This rule brings strengthened assurances of health and safety to our nursing home residents.  It protects residents living with dementias from being victims of elder abuse, provides staffing  levels based on health needs, allows states to give more appropriate responsibilities to dietitians and therapy providers, and protects residents from harmful pre-dispute binding arbitration agreements.  This is very good news for long-term care consumers.  We will continue to work with our colleagues at the national level to advocate for a minimum staffing standard or a registered nurse 24 hours a day,” said CT State Department on Aging Commissioner, Betsy Ritter and CT Long-Term Care Ombudsman, Nancy Shaffer.

###