Linda Sánchez Statement on the Trump Administration Ending the Ban on Nursing Home Arbitration

July 17, 2019
Press Release

Washington, DCU.S. Rep. Linda T. Sánchez (CA-38), today released the following statement on the decision by the Centers for Medicare & Medicaid Services (CMS) to roll back the existing ban on binding arbitration agreements that prevent residents of nursing homes from suing over the conditions of facilities.

“The decision to transfer a parent or loved one to a long-term care facility is heart-wrenching. I still remember the day we moved my late father into a nursing home. My family and I were focused on the quality of care and range of services the facility would provide him. We were not focused on the language in the agreement that would limit his rights should something go wrong.

“The administration’s new rule does not put patients first. Under this CMS proposal, nursing home facilities would be able to again use binding arbitration to hide their malpractice and deny families their day in court. That’s why I will soon be reintroducing legislation to prohibit facilities from using pre-dispute arbitration agreements. We owe it to one of our most vulnerable groups in society, the elderly, to protect their legal rights.”