Protecting Our Seniors – U.S. Government Takes Important Step to Eliminate Forced Arbitration in Nursing Homes

Senior advocates, including elder abuse attorneys have long voiced opposition to the continued use of forced arbitration provisions in nursing home contracts.  In a rule that becomes effective November 28, 2016, the U.S. Government’s Centers for Medicare & Medicaid Services (“CMS”) is prohibiting pre-dispute arbitration clauses in nursing home contracts.  This move is a critical protection for our Nation’s approximately 1.3 million nursing home residents. 

Although the rule will not help elders in assisted living or nursing home residents with contracts that pre-date the November 28, 2016 effective date of the rule, the importance of this move by CMC cannot be understated.  The full text of the final rule, which is over 700 pages in length can be found here.

Our firm, Cotchett, Pitre & McCarthy, LLP represents elders in elder abuse and other types of litigation. We handle a wide range of cases under California’s elder abuse law, including cases involving serious injuries or death – as well as financial fraud.