Nursing homes are known for various nefarious practices such as getting a relative to unknowingly sign to become financially responsible on check in and forcing disputes into arbitration where the issues can be kept from the public eye and the issues can be resolved by a kangaroo court.

Fortunately, the government just took action to prevent almost all nursing homes from forcing disputes into arbitration using Medicaid funding. This will help bring complaints about safety and quality of care into the public view, helping people to understand nursing home issues, patterns of wrongdoing, improper practices, and performance.

Frankly, in my view, forced arbitration clauses should be prohibited in all commercial contracts involving a consumer.  In arbitration, all the advantages benefit the business.  In our justice system, class actions, public revelations of wrongdoing, and jury awards serve to keep businesses in check and prevent wrongdoing, improper practices, and harm.

It was an agency within the Health and Human Services Department, the Centers for Medicare and Medicaid Services, which controls funding for nursing homes that acted.