We need your help! Public Citizen – a national, non-profit consumer advocacy organization – has drafted a petition to the Centers for Medicare and Medicaid Services (CMS), asking for the agency to ban the use of pre-dispute, forced arbitration clauses in nursing home contracts. The petition is gaining support swiftly. Please add your voice to the thousands of others who have already spoken out on this critical issue!
As you may be aware, CMS recently released its proposed revisions to the federal nursing home regulations. As part of its proposed rule, CMS asked for comments on the issue of pre-dispute, forced arbitration clauses in nursing home contracts.
Arbitration is a process in which a dispute – such as a dispute regarding poor care, abuse or neglect – is settled by one or more arbitrators who decide the outcome instead of a jury made up of members of the community. “Pre-dispute” arbitration means that the consumer must agree to arbitration before any dispute arises.
Pre-dispute arbitration agreements force individuals to make a decision without any information at all about the dispute, even in cases of alleged severe neglect, serious injuries or death. This decision must be made at the time of admission, a very stressful time for consumers and their families, when it is difficult to anticipate or even imagine the occurrence of serious harm or poor care. Once signed, pre-dispute, forced arbitration agreements strip individuals of their constitutional right to a trial by jury.
Please go to the website listed below to sign Public Citizen’s petition calling on CMS to ban the use of pre-dispute, forced arbitration clauses in nursing home contracts as part of its revisions to the federal nursing home regulations.
Thank you for your advocacy!
Click here to sign the petition.
Read about two reports that spotlight the effectiveness of Enfocement of Nursing Home Care Standards:
Are Residents Protected?
Are Public Funds being Spent on Subpar or Worthless Service?
These reports are brought to us by Nursing Home 411 and were presented by the Long Term Care Community Coalition.
Click here to see the article.
It is always shocking for me/AANHR to FOI the “Professional Liability Insurance Cost Reports,” which AR nursing homes are reimbursed for each year. Nursing home owners’ premiums go up because they continue to give bad care. Being cited for poor care also means they are violating state and federal laws. Tax payers’ dollars (state & federal) pay for the reimbursement to protect the nursing home administration from the results of its poor care, to the tune of millions of dollars each year. Please take a few minutes to read the
Most of us carry liability insurance on our vehicles and homes. This covers us if a visitor falls at our home and sustains injury or if we are involved in an auto accident. Our insurance coverage pays medical bills for visitors’ injuries or to repair our car, sometimes the other car(s) involved, and any personal injury caused inadvertently by us, the driver. As responsible citizens we provide for the protection of our persons and our property. The difference between us and nursing homes is that we personally pay for our insurance premiums for our protection. If we are irresponsible enough to receive a DUI or other infraction naturally our insurance premiums rise.
In the case of nursing home owners, premiums are also personally paid by us citizens through taxation that supports Medicaid. The cost for most (not all) nursing home residents’ care is paid under Medicaid. Nursing home liability insurance might involve various categories of coverage such as injury accidents that visitors incur, transport van accidents, along with abuse and neglect to residents.
We have a cycle going within the nursing home industry. Medicaid reimburses for care (including liability insurance premiums); the nursing home doesn’t always give good care; abuse and neglect occur; so liability insurance premiums rise thus requiring more tax dollars spent. If resident care improved, premiums could be reduced, resulting in tax savings in the federal/state budget. In a time of record deficits/national debt would that not be a welcome set of circumstances.
AANHR believes that AR nursing homes should be required to carry liability insurance. We do not believe that taxpayers should be paying to protect nursing home owners when abuse, neglect, and death of our most frail and vulnerable citizens occurs.
Click Here for detailed information.
CONWAY, AR–Martha Deaver’s office sits at the end of a gallery of photographs of her grandchildren on the second floor of a neat and cozy home nestled in a residential neighborhood in Conway, Arkansas.
Against one wall are yellow signs that look like oversized place mats with green letters urging people to “protect the rights of nursing home residents” that have appeared at annual rallies at the state capitol for the past dozen years. Elsewhere in the room stands a small wooden elephant, trunk raised as if ready to emit a roar. Near the entrance is a framed puzzle put together by a nursing home resident of a young woman with dark eyeshadow, a rose dangling from her mouth.
Deaver’s sturdy desk contains pictures of her receiving an award from the nation’s largest nursing homes advocacy group and shaking hands with then-FBI director Robert Muller-reminders of the national recognition she has earned in the past 10 years.
It is at the desk that Deaver has, for decades, requested inspection reports from government officials, fielded calls from whistleblower employees, counseled family members, cajoled lawyers, hectored legislators, said “Let me say this” countless times, and fought with every fiber of her being to educate the public and protect nursing home residents who often literally have no voice.
But if the desk is the office’s nerve center, its emotional heart is a stand-alone, framed black and white portrait of Helen Steger, Deaver’s mother.
Click Here to View the Original/Source article and video.
PINE BLUFF, AR – A Jefferson County man says the nursing home he trusted with his mother’s care contributed to the 73-year-old woman’s early demise. He believes complications from a lack of care have kept her from being alive today, and he wants to tell others what he wish he would have known.
Click Here to View the Original/Source article and video.
This is a devastating case I was contacted about. If you go to AANHR’s face book page, you can also hear a radio interview…..Martha
Click hear to read the full article.
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One Third of Skilled Nursing Residents Harmed in Treatment. Twenty thousand nursing home residents suffered harm and 1,500 died in a one month period.
Read The Article: http://www.propublica.org/article/one-third-of-skilled-nursing-patients-harmed-in-treatment
Nursing Homes Project,
This story exposes the racial disparities in registered nurse care levels in facilities across the country.
We looked into a series of variables about the residents, the area where the home was located and the market concentration to try to explain.
None fully did.
You can see it at the following address:
Below is the link to National Project Part 11. It exposes the hundreds of nursing homes across the country that since 2009 have received low-cost, HUD-guaranteed mortgages right after having the lowest possible quality rating from the federal government.
The value of these loans is nearly $2 billion. We dug deeper and found that close to 30 percent of these facilities received a previous HUD-backed loan since 2001. The value of those was an additional $530.
Read The Article: