Philadelphia Personal Injury Attorney Blog | Pomerantz Perlberger & Lewis LLP

Since the House of Representative's Fairness in Nursing Home Arbitration Act (HR 6126) has had its hearing in the subcommittee, it is time to revisit this crucial bill and consider its implications. The Act is designed to revise the Federal Arbitration Act to render pre-dispute arbitration clauses in long-term care invalid. These clauses are built into many admission contracts and many residents of long-term care facilities are "encouraged" to sign them as part of the admissions process. This is a hugely significant piece of legislation when it comes to the legal recourse that you and your loved one will have in the event you suffer as a result of nursing home abuse or neglect. We have already talked about the basics of the Act, but it is so important that we will discuss it several times more before it either passes or fails.

Let us first consider the testimony in opposition to the act offered during the hearing. The witness offering the opposing testimony was Gavin J. Gadberry, Esq., a representative of the American Health Care Association and the National Center for Assisted Living (AHCA/NCAL). In his statement, he offered the arguments in favor of arbitration agreements. According to Gadberry's testimony, arbitration is better than litigation because it is,

· More efficient--because of its lower "transation cost . . . arbitration may . . . enable patients and their families to retain a greater proportion of any financial settlement than with traditional litigation."

· Less adversarial--without the traditional agonistic relationship inherent in the courtroom, arbitration is more in keeping with what the AHCA/NCAL calls its "Culture of Cooperation" that it says has recently led to dramatic improvements in the quality of care over the last five years.

· Faster--according to analysis by a consulting firm, "Arbitration reduces the time to settlement by more than two months on average."

For these reasons, the AHCA/NCAL supports arbitration and arbitration agreements, and is opposed to the Fairness in Nursing Home Arbitration Act, which it calls a "misguided attempt to restrict and weaken the Federal Arbitration Act."

We strongly encourage you to familiarize yourself with this and other pending legislation that affects your right to recourse under the law and to contact your representatives. Tomorrow we will evaluate the AHCA/NCAL's claims and consider the Fairness in Nursing Home Arbitration Act further.

If, however, you are already a victim of nursing home abuse or neglect, please contact the experienced nursing home attorneys at Pomerantz, Perlberger, and Lewis, LLP for a free consultation.