Senator selects Elmwood Senior Center in West Hartford to announce federal action against forced arbitration.

By Keith Griffin

U.S. Sen. Richard Blumenthal picked West Hartford’s Elmwood Senior Center to announce legislation he is proposing to protect nursing home residents. The Fairness in Nursing Home Arbitration Act would prohibit long-term care facilities from requiring or soliciting residents to enter into pre-dispute, mandatory, binding arbitration agreements.

At the press conference, Blumenthal said, “[Forced arbitration] means the nursing homes can avoid litigation. They can avoid court. They can keep control of any disputes, so they are very standard in Connecticut and other states. The people who are supposed to take care [of patients] exploit them.” He added that forced arbitration denies access to justice. “It’s tragic when rights are taken away,” he said.

Blumenthal acknowledged the use of binding arbitration has been around for a long time. He told We-Ha.com that past efforts to rein the practice among diverse industries were unsuccessful. “We’re focusing on nursing homes because it seems like that would maybe be a more attractive measure for example in Congress. Arbitration generally is overused in agreements for stock transactions, securities, and other measures. It’s used across the board but it would seem there is more sympathy for residents of nursing homes. Clearly they have an unlevel playing field. The argument might be made that … seniors going into a nursing home are very often in a situation of urgency and might be completely unaware of what they are signing.”

The senator added it could affect their ability to receive treatment. “Sometimes they are forced into it and are unaware. I want to make clear that we’re not saying the nursing home industry is corrupt or inept. Fortunately, very broadly speaking, we have a capable and honest nursing home industry in Connecticut. They may face a financial crisis but they still have to provide people with rights.” The proposed legislation would also apply to home and community-based services or home healthcare services.

The long-term care industry stands ready to fight the proposed legislation. In a statement, Clif Porter, senior vice president of government relations for the American Health Care Association/National Center for Assisted Living, said his association does not support any bill that aims to ban the use of pre-dispute arbitration agreements.

“Banning arbitration agreements would eliminate a fair and efficient legal remedy that provides benefits to patients and providers,” Porter said. “Arbitration provides significant benefits to residents of long-term care facilities and their families. It is fair, equitable, and does not limit the amount of money plaintiffs can receive. Arbitration is quicker and less costly than litigation in court and provides similar outcomes for claimants.

“We support the right of residents and families to pursue legal remedies for poor and inadequate care, but we should not promote a system that attempts to bankrupt a critical aspect of our health care system. We must honor claims made expeditiously and fairly while also ensuring our nursing homes and other long-term care facilities have opportunities to resolve disputes and improve.”

Blumenthal said at the press conference, “There’s no question that long-term care in this country, including nursing homes for seniors, is in crisis. They need help, but the way to help them is not to deprive the patients or residents of their rights. There is a big question of how we maintain finance and retain nursing homes … but that should not mean the level of care falling below what is acceptable. Nursing homes are right to call attention to their financial plight but they should also focus on standards of care and levels of responsibility.”

West Hartford Mayor Shari Cantor was at the press conference to support Blumenthal’s initiative. She said changes are needed to make seniors’ and their families’ lives better. Helen Rubino-Turco, West Hartford director of leisure and social services, praised Blumenthal for always prioritizing the needs of seniors.

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