Nursing Home Arbitration Bill Approaches Senate Markup

The Fairness in Nursing Home Arbitration Act (S. 2838) is scheduled for markup by the Senate Judiciary Committee on September 11.

The bill, introduced by Sen. Mel Martinez (R-FL), would ban pre-dispute arbitration agreements now widely used by long-term care facilities. It was passed by the House Judiciary Committee in July. NSCLC supports the bill along with a coalition of senior and consumer groups.

The bill was the subject of joint Senate committee hearing on June 10, at which witnesses testified that under pre-dispute agreements, victims of abuse and neglect in nursing homes face a one-sided dispute resolution system with no public record and no appeal. Industry witnesses argued that these agreements are fair to residents.

Committee members who have not yet either sponsored or openly opposed the bill include Sens. Diane Feinstein (D-CA), Charles Grassley (R-IA), Lindsey Graham (R-SC), and Ranking Member Arlen Specter (R-PA).

Read the letter of support from a coalition of senior and consumer groups, including NSCLC

Read the Leadership Council of Aging Organizations letter of support

Read the coalition's response to the Department of Justice's letter opposing the bill