Blog for John Sweeney - Elder, Wills, Estates, Trusts, Special Needs, Business, & Tax Lawyer in CT and NY

Nursing Homes Lose Arbitration Right

Posted by John Sweeney | Sep 29, 2016 | 0 Comments

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. 

About the Author

John Sweeney

John is an experienced lawyer who helps you solve your problems. He practices Elder, Wills, Estates, Trusts, Special Needs, Business, & Tax Law in Fairfield County CT and Westchester County New York. He brings a wealth of experience in law, business, tax, insurance, and finance to arrive at practical solutions with compassion and care. Honest, direct and practical, he is focused on you and your problems. He also brings a wealth of personal experience from his own large family and aging parents.


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Elder, Wills, Estates, Trusts, Special Needs Tax & Business Law; Attorney John Sweeney

Sweeney Legal, LLC, provides legal, practical, and business counsel to Seniors, families, and businesses in the Fairfield, Connecticut area, including the communities of Bridgeport, Bethel, Brookfield, Danbury, Darien, Easton, Fairfield, New Canaan, Newtown, Norwalk, Redding, Ridgefield, Stamford, Weston, Westport and Wilton. John is also licensed in New York serving Westchester County including the towns of Bedford, Lewisboro, Mount Kisco, North Salem, Pound Ridge, and Somers.