A few weeks ago, the Centers for Medicare & Medicaid Services (CMS) released its 2016 Nursing Home Rule. Among other important items, the new rule protects the rights of nursing home, rehabilitation center, and other long-term care facility patients (and their families) to sue these homes in court. This is an important step in patient rights. The rule also clarified several definitions of terms and reaffirmed the rights of residents in long-term care facilities. The new rules become effective in November. To read the rule in its entirety, click here.
The Right to Sue Nursing Homes in Court
It has been the custom of many long-term care facilities to require patients (or their families) to sign what are called “pre-dispute binding arbitration clauses” in their contracts. When these clauses are accepted, they require patients and families to settle any dispute over care in arbitration, and not in a court of law. [Read more…]