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Federal Court Blocks Ban on Nursing Home Arbitration Clauses

In a move that endangers all nursing home residents, a Mississippi federal judge blocked a rule in December that would have made arbitration agreements illegal as a requirement for nursing home admission.

Arbitration agreements strip the elderly of their rights by removing their ability to file a lawsuit that can be pursued through the U.S. court system. Instead, a third party (or parties) serves as the decision maker, hearing evidence from both sides and then rendering a decision.  Arbitration is favored by nursing homes because they believe it costs less than lawsuits, which could eventually force expenses so high that they would have to close. The experienced  attorneys at Levin & Perconti believe that arbitration is a way for nursing homes to avoid full accountability for potentially negligent care of your loved ones. If you or a family member is facing the critical decision of residing in a nursing home, we urge you to not sign an agreement requiring arbitration in any instance.