Many nursing homes have clauses
in their contracts that require the use of a private system of justice called
arbitration. This allows issues of quality care and abuse to be kept out of the
public view. Because of these clauses families do not get justice in cases of abuse
and even instances of death and the public isn’t exposed to the information. “In May 2014, for example, a woman with Alzheimer’s was
sexually assaulted two times in two days by residents at a nursing home in
Lemon Grove, Calif. A subsequent investigation by the state’s department of
public health found the nursing home “failed to protect” the woman. But when
her family tried to hold the nursing home accountable in court, their case was
scuttled because of an arbitration clause. Ultimately, they gave up and settled
with the nursing home (NY Times)”. An agency in the Health and Human
Services Department has made a rule that any nursing home receiving federal
funding (Medicare/Medicaid) must now allow disputes to be settled in court. The
rule would help protect around 1.5 million nursing home residents. The rule is
set to be effective in November but could be challenged in court. I hope that
the rule doesn’t get over turned. I was not aware of the arbitration clauses
that many people face but I have heard horror stories of elderly abuse in
nursing homes and it is disgusting. I think this is a good step in trying to
make a difference and I hope even more changes are made to protect the defenseless.
If you wanna
take a look at the article the link is below:
http://www.nytimes.com/2016/09/29/business/dealbook/arbitration-nursing-homes-elder-abuse-harassment-claims.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news
Wow. This truly is disgusting. I wasn't aware of this issue either but I'm glad someone is trying to do something about it. It blows my mind what some people get away with doing to others. People are so sick sometimes....most times here lately. I hope the rule passes and makes a difference.
ReplyDeleteI was not aware of the arbitration clause either. That clause is incredibly violating to the rights of human beings. Our society tends to want hide our elders, as if they are no longer important. That is exactly what this clause is saying, "you do not matter; therefore, it does not matter what happens to you." This is absolutely awful. I also hope that the rule goes through. The arbitration clause takes away a basic right we as US citizens have, and this rule will allow individuals in nursing home to get the justice they deserve.
ReplyDeleteThis is so sad to hear about. We take our loved ones to a nursing home so that they can be properly taken care of. The fact that a clause such as this one exist is shameful and disappointing. I hope that the rule passes. It is a step in the right direction.
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