Fight over right to sue nursing homes heats up

[riversedge]

Source: the hill





By Lydia Wheeler - 08/06/17 08:30 AM EDT


Consumer groups are making a last ditch effort to stop the Trump administration from stripping nursing home residents and their families of the right to take facilities to court over alleged abuse, neglect or sexual assault.

The Centers for Medicare & Medicare Services (CMS) announced plans in June to do away with an Obama-era rule that prohibited nursing homes that accept Medicare or Medicaid funds from including language in their resident contracts requiring that disputes be settled by a third party rather than a court.

Public comments on the CMS proposal to do away with that rule are due Monday and groups are urging the agency to reconsider.

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“When you are trying to get someone in a nursing home, often time it's stressful or an emotional time. Often times loved ones can’t take care of themselves, so for a nursing home to say in order to get in you have to waive your right is shameful,” he said.
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................“Simply making the argument that we are a new administration and want to make sure corporations don’t have regulations that are forcing them to be accountable is not a good enough reason to change a rule that underwent extensive review."

Read more: http://thehill.com/regulation/healthcare/345411-fight-over-right-to-sue-nursing-homes-heats-up

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[groundloop]

1. 45* doesn't care who he fucks over in his quest to rid the country of all things Obama

That, and there were certainly one or two wealthy buddies of his who own nursing home franchises that whined about how unfair it is to be forced to treat people with dignity and respect.

[SergeStorms]

2. And to protect......

the beautiful, wonderful corporations that own these warehouses of the sick and elderly. My sister, who recently passed away, was in a place I wouldn't put my worst enemy (Donald Trump). It was filthy, understaffed, crowded......just a horrible place. Being from out of state I had no recourse since her son has power of attorney. All I could do was complain, and that went absolutely nowhere. Thank dog she didn't last too long in there. I'd end my own life before I was ever put in a place like that! And OF COURSE, Trump wants to make it easier for them to screw everyone into the ground. They're just not making enough money I guess. I wonder how much THEY donated to Donnie McShithead's campaign?

[stuffmatters]

4. One of biggest Mediare/Medicaid fraudsters: That Stent Quack cheering Trump at WVa Rally Thurs.

The lowest of the low, performed the most unnecesary heart stent surgeries in history. o the hugest single medicare/medicaid fraudster in recent time. Charged, convicted under Obama DOJ. Filed his appeal right after Trump elected & had his case acquitted un the Trump DOJ. And there he was right behind Trump on the stage, with his red MAGA hat and good ol boy costume, , wildly screaming, yelling, fist pounding at Trump's ever spew. Ya think he was a big donor?

And let's never forget the sleaze who is Gov of Florida, another Trump supporter. You can bet he's taken his profits from his medicare fraud and put them into Fla nursing homes.

[stuffmatters]

3. Nursing homes, private prisons, Drug Rehab....it's where the ugliest Repugs invest

Of course, Trump and his Klan are all for keeping the most vulnerable without rights.

[Violet_Crumble]

5. I don't understand the US aged care system.....

Me and my family are looking at aged care facilities for my mum, who's got advanced dementia and likes wandering to look for her father who's been dead for the past 20 years. If a nursing home were to tell us that we couldn't take legal action due to abuse or neglect, I'd tell them to fuck off, and no way are they looking after my mum. But then again I thankfully live in a country where while the aged care system has a long way to go when it comes to protecting the elderly, it's leaps and bounds ahead of the US. The govt subsidises places in aged care facilities and in return has a long set of standards that the facilities must comply with before they get the subsidies. And there's an ombudsman we can take complaints to if we think there's wrongdoing in a facility. I'm grateful every day my family isn't in the US (we're Australian) and that we're not affected directly by the ugly and cruel narcissism of Trump....

[safeinOhio]

6. What ever happened to the

7th Amendment?

[riversedge]

7. Cleveland.com: Trump sides with nursing homes that want to limit residents' right to sue

Link to tweet

Lisa Bromley and 1 other Retweeted
The Democrats?Verified account @TheDemocrats 5h5 hours ago

Blocking protections like these would harm some of America's most vulnerable citizens: seniors.

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http://www.cleveland.com/nation/index.ssf/2017/08/trump_administration_wants_to.html

Donald Trump sides with nursing homes that want to limit residents' right to sue
Updated on August 4, 2017 at 12:32 PM Posted on August 3, 2017 at 9:21 AM




When residents enter assisted living centers and nursing homes, they are often asked to sign a binding arbitration agreement, giving up the right to sue if they are harmed.(Nam Y. Huh, Associated Press)
2.2k shares

By Stephen Koff, cleveland.com

WASHINGTON -- Your parent is sick and aging. He needs a nursing home. And you've found what looks like a good one.

But as he is admitted, he is asked to sign a binding agreement stating that if he's ever harmed or believes he was mistreated, he won't sue. Instead, he'll go to binding arbitration and accept the outcome. He promises not to go to court -- and the nursing home asks him to sign that promise before it even gives him a bed.

This, say critics of the nursing home industry, is a standard practice that President Donald Trump not only wants to maintain but seeks to codify in a new federal rule. The Trump administration not only wants to reverse major parts of a rule signed in 2016 by President Barack Obama that would have banned arbitration agreements as part of the admission process. It also wants to make the rights of nursing homes clear in a federal rule.

The proposal has flown largely under the radar until now, a result of other issues and news crowding out the public's attention.

"This is the health care story that nobody talks about," said Remington Gregg, an attorney who works on civil rights and similar issues at Public Citizen.

The nursing home industry, in agreement with Trump, says it only wants what's best for seniors. That includes knowing that if a resident has a complaint, he or she can resolve it without the cost or bother of a court case, and without appeals that can drag on for years..................................

[riversedge]

8. CMS is accepting public comments on this nursing home proposal til MIDNIGHT tonight.

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AARP Advocates?Verified account @AARPadvocates 3h3 hours ago

AARP Advocates Retweeted The Hill

AARP vehemently opposes changing the rule that allows nursing home residents to take facilities to court over alleged abuse or neglect.

AARP Advocates added,
The HillVerified account @thehill
NEW: Consumer groups fighting to stop Trump administration from ending right to sue nursing homes for mistreatment http://hill.cm/56ZJ9Zm
7 replies 198 retweets 235 likes

flippable and 80 others follow
AARP Advocates?Verified account @AARPadvocates 3h3 hours ago



Replying to @AARPadvocates

CMS is accepting public comments on this nursing home proposal til MIDNIGHT tonight. Go to https://www.regulations.gov/docket?D=CMS-2017-0076 … and click "Comment Now!"

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