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Tell CMS to Ban Pre-Dispute Arbitration in the Final Nursing Home Regulations

July 28, 2016

On July 25, the New York Times published a powerful editorial calling on CMS to ban pre-dispute arbitration clauses in nursing home contracts in its final nursing home rules.  These are clauses that require residents to agree to arbitration and sign away their right to a jury trial in the event they suffer injury or abuse while in the facility. The editorial gives us another great opportunity to advocate for strong nursing home regulations. Please sign on to our letter to CMS calling for the agency to ban pre-dispute arbitration clauses in nursing home agreements once and for all.

Anyone can sign on – local, state, national organizations AND individuals.  Enter your information and submit to us by 5:00 PM ET this Friday, July 29.

For individual sign-ons, click here.

For group sign-ons, click here. 

Help us send a strong message to CMS that this practice is unfair to consumers and must end now.

Thank you for your advocacy!

What is Pre-dispute Arbitration?

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. 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.