There is a new bill in Congress that deserves everybody’s support. The bipartisan Fairness in Nursing Home Arbitration Act of 2009, introduced by Sen. Mel Martinez (R-FL) and Sen. Herb Kohl (D-WI), will prevent nursing homes from deliberately hiding clauses within the fine print of contracts that force seniors to surrender their right to trial by jury and enter an unfair and one-sided mandatory binding arbitration process.  The bill was introduced in the U.S. House last week by Rep. Linda Sanchez (D-CA).

The Fairness in Nursing Home Arbitration Act of 2009 will help people like Minnesota resident Dean Cole, who received unconscionable care from a negligent nursing corporation.  Suffering from dementia, Dean needed help eating meals every day; but during his 22 day residency, Dean lost 20.6 pounds without his physician or wife ever being notified.  After being admitted to the hospital, he was found to be severely dehydrated, with a water deficit near 10 liters.  Dean died less than a month later.  His family sought justice by bringing a suit against the nursing home for negligent care, but learned they would be forced into one-sided mandatory binding arbitration on the corporation’s own terms and denied the right to trial by jury.  The case is still pending.

Don’t get me wrong, arbitration can be useful. For example, when parties with equal bargaining power agree to arbitrate as a form of alternative dispute resolution, I have no problem with such agreements. Also, when arbitration is agreed to after the dispute has arisen – rather than prior to any dispute having arisen – that also is far more acceptable. I urge you to contact your legislators today to support this new bill.