By skyforbes 
The Trump Administration has proposed that the Center for Medicare and Medicaid Services (CMS) change an important consumer protection rule. This direction, implemented during the Obama Administration, banned nursing home operators from requiring binding arbitration in the event of a dispute over care quality. The change LIFTS the restriction on binding arbitration.
To be fair, a case can certainly be made that an outright ban on binding arbitration was an overreach by the Obama Administration, and that it exceeded CMS authority. The ban effectively meant that consumers, who wished to have grievances against a skilled nursing provider heard, would have no other option but to sue. Lifting the ban reinstates arbitration as an option for settling disputes brought by residents and/or their families. However, it also allows skilled nursing providers to include an arbitration clause in their contracts, as a condition for admission to the facility.
In my experience working in retirement living and healthcare service organizations for nearly 13 years, I have never known more dedicated, compassionate, or harder working healthcare professionals. The vast majority of nursing homes are committed to delivering the best possible care for their residents. But like any other business, quality and experience can sometimes vary from one provider to the next. Unfortunately mistakes sometimes occur that can result in negative consequences for patients.
The moral of this story is “Knowledge is Power”:
- Research the skilled care center’s reputation, recent survey results, and 5-Star Rating, before applying for admission.
- Tour the building and challenge the staff to address any concerns.
- Read and understand all of the rights and restrictions that might be included in a nursing home contract.
- Ask probing questions of facility staff, and ask for clarification before signing anything.