According to a recent report from The New York Times, taking nursing home abuse claims to court has just become easier for residents and their families. The Centers for Medicare and Medicaid, an agency within the U.S. Health and Human Services Department, issued new rules regarding a longstanding practice wherein nursing homes stipulated in their resident contracts that any disputes or claims of abuse would be resolved in arbitration. The Federal government’s new rules now allow for nursing home residents to take their claims to court, making it far easier to seek meaningful justice.
The U.S. nursing home industry is a massive and lucrative one, particularly in Southern California. Additionally, a vast number of nursing home residents rely on government programs such as Medicaid and Medicare to subsidize their care. As such, those nursing homes receiving their own share of Federal Aid to support their programming can no longer contractually bind complainants into private arbitration to resolve their claims. This new rule will go into effect as soon as November 2016, paving a new and more feasible avenue for Southern California nursing home abuse victims to take their claims to court. It’s important to note, however, that the rule will apply only to those moving into federally aided nursing homes after the November 2016 start date.
As projections for nursing home resident growth climb—particularly in high-populated metropolitan areas, such as, San Diego— it’s especially important that governmental change to nursing home policies are introduced. Some sources report that nearly a third of all licensed nursing homes in the U.S. have been cited for federal safety standard violations. Now that new rules have been introduced regarding elder abuse lawsuits and complaints, victims finally have fair recourse under the law.