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New Federal Rule Protects Nursing Home Abuse Victims’ Legal Rights
The federal government has implemented a new rule that greatly protects the rights of nursing home abuse victims and their families.
On September 28, 2016, the Centers for Medicare & Medicaid Services (CMS) announced a new rule, which prohibits nursing homes from using pre-dispute binding arbitration clauses in their contracts. In recent years, nursing home contracts have increasingly forced patients or their families to use arbitration for disputes over elder care or abuse.
Even in severe cases of elder abuse, sexual harassment, and wrongful death, these arbitration clauses have prevented the victims or their families from pursuing justice through the courts. Many elder care advocates believe arbitration has allowed nursing homes to conceal patterns of abuse from the public eye.
CMS controls more than $1 trillion in Medicare and Medicaid funding. The new rule applies to all nursing home facilities that receive funding from the Medicare or Medicaid system. The vast majority of nursing homes accept some level of funding from Medicare and Medicaid.
Unless challenged, the new rule would go into effect in November 2016. The new rule would not impact existing nursing home contracts. Only new nursing home contracts would be bound to the new rule.
If you or a loved one has been abused in a nursing home, the dedicated and experienced trial lawyers of Lutz, Bobo & Telfair, P.A. can review your claim and help you understand your legal rights. Our law firm offers no cost initial consultations for all nursing home abuse cases. We also handle all nursing home abuse cases on a contingency basis. This means you owe no attorney’s fees unless we settle your case or win a favorable verdict in court. To speak with one of our experienced nursing home abuse lawyers, call our law firm today or send us an email. We’re waiting to help YOU.