Herb Kohl: “I rise today with Senator Martinez to introduce the Fairness in Nursing Home Arbitration Act of 2008. This legislation…”

“I rise today with Senator Martinez to introduce the Fairness in Nursing Home Arbitration Act of 2008. This legislation is a narrowly targeted measure that protects nursing home residents, one of our Nation's most vulnerable populations, from losing the right to hold nursing homes accountable in court for negligent and abusive care. The process of admission to a long-term care facility is traumatic for the prospective resident and their family. Often these facilities are a last resort for families and residents, and many times these decisions are arrived at under desperate, and sometimes emergency, circumstances. Even admission to an assisted-living facility by a relatively healthy senior citizen is a stressful and emotional event. Adding to the difficulty, many families face limited options in nursing care when it comes to both geographic location and the level of care required for their loved one. During the admissions process, prospective residents and their families have little choice other than to accept the terms of the admission agreement with no ability to negotiate. Many facilities now require residents, or their responsible family members, to sign contracts that include predispute mandatory arbitration agreements. This means that any dispute between the resident and the facility will automatically be subject to arbitration.”