Washington, DC – The American Health Care Association and National Center for Assisted Living (AHCA/NCAL) expressed serious disappointment today over the re-introduction of the Fairness in Nursing Home Arbitration Act (S. 512), by U.S. Senators Kohl (D-WI) and Martinez (R-FL), which would prohibit use of pre-dispute arbitration agreements with residents of nursing facilities or assisted living residences.
“The growing use of pre-dispute agreements throughout the healthcare sector helps bring about more timely, less adversarial settlements,” stated Bruce Yarwood, President and CEO of AHCA/NCAL. “The Fairness in Nursing Home Arbitration Act needlessly discriminates against long term care providers and the patients and residents in our nation’s nursing facilities and assisted living residences.”
The long term care leader also stated that pre-admission arbitration clauses not only allow facility staff to better concentrate their time and effort on caring for patients and residents, but also better ensures that scarce Medicaid resources go toward improving patient care – and are not diverted to pay the escalating costs associated with lawsuits.
“Arbitration settlements are quicker and less adversarial than traditional litigation, and many courts throughout America have determined the process to be both fair and appropriate,” stated Dave Kyllo, Executive Director of NCAL. “We believe that fair and timely resolution to any legal concerns is in the best interest of the patients, residents, taxpayers and the nation’s entire health care sector.”
Kyllo continued, “We believe that the Fairness in Nursing Home Arbitration Act is a misguided attempt to restrict and weaken the Federal Arbitration Act (FAA). We firmly believe this legislation and other efforts to undermine the FAA are bad public policy and a step in the wrong direction.”
“AHCA/NCAL is – and always will be – committed to ensuring long term care facilities place paramount importance on the delivery of high quality care, and providing a safe and secure environment for the millions of Americans residing in our nation's nursing and assisted living facilities,” Yarwood concluded. “We hope that the members of the U.S. Senate understand that fair and timely resolution to any legal concerns is in the best interest of the patients, residents, taxpayers and the nation’s entire health care sector.”
The American Health Care Association and National Center for Assisted Living (NCAL) represent nearly 11,000 non-profit and proprietary facilities dedicated to continuous improvement in the delivery of professional and compassionate care provided daily by millions of caring employees to 1.5 million of our nation's frail, elderly and disabled citizens who live in nursing facilities, assisted living residences, subacute centers and homes for persons with mental retardation and developmental disabilities. For more information, please visit www.ahca.org or www.ncal.org.