Articles Tagged with FAIR Act

Happy Nursing Home Resident

Illinois Lawmaker Introduces Fairness in Nursing Home Arbitration Act

On December 5, 2019, U.S. Representatives Linda T. Sánchez (D-CA) and Jan Schakowsky (D-IL) introduced the Fairness in Nursing Home Arbitration Act. This legislation would prohibit long-term care facilities from requiring or soliciting residents to enter into pre-dispute, mandatory, binding arbitration agreements. The Obama administration banned forced arbitration by nursing homes in 2016, but the Medicare and Medicaid Division stripped the rights from residents on July 16, 2019, by overturning the ban.

Long-term care residents should never be forced, pressured, threatened, or have it suggested they waive their right to court proceedings before a dispute even arises. And at Levin & Perconti, we applaud these lawmakers, especially Illinois Congresswoman Schakowsky, in seeking ways to reintroduce forced arbitration protections that support the legal rights and well-being of elderly Americans. These are our most vulnerable citizens who are being impacted by the nation’s abuse and neglect epidemic running ramped in U.S. nursing homes each day. Residents deserve their day in court should they become injured, ill, or fatally harmed due to someone else’s negligence.

Arbitration Agreement

FAIR Act Bill Has Passed the House, Now Headed to the Senate

On Friday, September 20, lawmakers in the House voted 225-186 to pass the Forced Arbitration Injustice Repeal (FAIR) Act, introduced by Rep. Hank Johnson (D-GA) and Sen. Richard Blumenthal (D-CT), with the help of many supporters who look to hold long-term care doers responsible for abuse and neglect. The bill is designed to end forced pre-dispute arbitration in contracts between consumers and corporations, including nursing homes, long-term care centers and assisted living communities.

Moving ahead, the FAIR Act could:

nursing home vote

Lawmakers Will Soon Vote on the FAIR Act to Stop Forced Arbitration 

Americans have the right of a jury trial unless forced to agree otherwise in the form of an arbitrary clause contractually. These agreements have found their way into all of our employment, consumer, franchise and even medical contracts. Once used as a tool for businesses to solve their disputes, forced arbitration has become a greedy and ruthless tactic, dangerous to consumers.

Just this week, the full House of Representatives is set to vote on the FAIR Act, H.R. 1423. The bipartisan bill, sponsored by Congressman Hank Johnson (D-GA), is vital to all American consumers as no one should be forced to agree pre-dispute to allow third-party arbitrators decide on a judgment rightfully meant for a public trial. The bill has 222 cosponsors including several Representatives from Illinois.

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