Washington, DC - The American Health Care Association and National Center for Assisted Living (AHCA/NCAL) today expressed its opposition to The Fairness in Nursing Home Arbitration Act, which was introduced by U.S. Representative Linda Sanchez (D-CA) and which would prohibit the use of arbitration agreements at the time of admission to a nursing facility or assisted living residence. The long term care groups stated that the growing use of pre-dispute agreements throughout the healthcare sector helps bring about more timely, less adversarial settlements.
“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,” stated Bruce Yarwood, President and CEO of AHCA/NCAL. “Like other health care providers, we strongly support the use of arbitration as a reasonable, intelligent option for both patients and providers to help assist in the resolution of legal disputes.”
Yarwood said pre-admission arbitration clauses not only allow facility staff to better concentrate time and effort on their job of caring for patients and residents, but also better ensures scarce Medicaid resources go towards improving patient care - 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,” Yarwood continued. "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.”
In noting AHCA/NCAL’s opposition to the bill, co-sponsored by Representatives Ileana Ros-Lehtinen (R-FL), John Conyers (D-MI), Hank Johnson (D-GA), Dennis Kucinich (D-OH), and William Delahunt (D-MA), Yarwood acknowledged the commitment that many Members of Congress have made to helping improve the quality of care provided to the nation's long term care patients, but remarked that, “this bill is misguided and we strongly disagree with its approach.”
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.