U.S. Senator Blumenthal Proposes Legislation to Protect Seniors – We-Ha

Senator selects Elmwood Senior Center in West Hartford to announce federal action on forced arbitration.

By Keith Griffin

U.S. Senator Richard Blumenthal has chosen the Elmwood Senior Center in West Hartford to announce legislation he is proposing to protect nursing home residents. The Fairness in Nursing Home Arbitration Act would prohibit long-term care facilities from requiring or requiring residents to enter into mandatory, binding arbitration agreements prior to the dispute.

At the press conference, Blumenthal said: “(Forced arbitration) means the nursing homes can avoid lawsuits. They can avoid court. They can keep any disputes under control, so they are very standard in Connecticut and other states. The people who are supposed to care for the patients are exploiting them.” He added that forced arbitration denies access to justice. “It’s tragic when rights are taken away,” he said.

Blumenthal acknowledged that the use of binding arbitration has been around for a long time. He told We-Ha.com that previous attempts to curb the practice in various industries were unsuccessful. “We’re focusing on nursing homes because it seems like that might be a more attractive measure, for example in Congress. Arbitration is generally overused in agreements for stock transactions, securities and other measures. It is used across the board, but there seems to be more sympathy for nursing home residents. Clearly they have an uneven playing field. The argument could be made that seniors who enter a nursing home are often in an urgent situation and may be completely unaware of what they are signing.

The senator added that this could impact their ability to receive treatment. “Sometimes they are forced to do this and they are not aware of it. I want to make it clear that we are not saying that the nursing home industry is corrupt or incompetent. Fortunately, by and large, we have a capable and fair nursing home industry in Connecticut. They may be facing a financial crisis, but they still need to give people rights.” The proposed legislation would also apply to home and community-based services or home care services.

The long-term care industry is ready to fight the proposed legislation. In a statement, Clif Porter, senior vice president of government relations for the American Health Care Association/National Center for Assisted Living, said his association does not support any bill that would seek to ban the use of pre-dispute arbitration agreements.

“Prohibiting arbitration agreements would eliminate a fair and efficient remedy that benefits patients and healthcare providers,” Porter said. “Arbitration provides significant benefits to residents of long-term care facilities and their families. It is fair, equitable and does not limit the amount of money claimants can receive. Arbitration is faster and cheaper than litigating in court and produces comparable results for claimants.

“We support the right of residents and families to seek legal remedies for poor and inadequate care, but we should not promote a system that attempts to bankrupt a crucial aspect of our health care system. We must honor claims quickly and fairly while ensuring our nursing homes and other long-term care facilities have opportunities to resolve disputes and make improvements.”

Blumenthal said at the news conference: “There is no question that long-term care in this country, including nursing homes for seniors, is in crisis. They need help, but the way to help them is not to deprive patients or residents of their rights. There is a big question of how we can maintain finances and maintain nursing homes… but that should not mean that the level of care falls below acceptable levels. Nursing homes are right to draw attention to their financial situation, but they should also focus on standards of care and levels of responsibility.”

West Hartford Mayor Shari Cantor was at the news conference to support Blumenthal’s initiative. She said changes are needed to improve the lives of seniors and their families. Helen Rubino-Turco, director of leisure and social services in West Hartford, praised Blumenthal for always prioritizing the needs of seniors.

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