Charles Brown In Epoch Times Re: New Nursing Home Rules

MedMalFirm.com managing partner Charles Brown has been quoted in an Epoch Times news story discussing the new nursing home rules following a Center for Medicare and Medicaid Services (CMS) ruling concerning mandatory arbitration.  In response to the CMS ruling that nursing homes accepting funds from Medicare and Medicaid can no longer require mandatory arbitration, Mr.  Brown was quoted saying the decision “makes everyone safer”.

New Nursing Home Rules and Mandatory Arbitration

Mandatory arbitration takes away the right to sue a nursing home for abuse, neglect, or exploitation.  Often mingled in a stack of paperwork, many nursing home residents and their families sign mandatory arbitration clauses without understanding what it means.  In some cases, they are not even aware that they signed one to begin with.

Mandatory arbitration not only takes away the right to sue, it also shields nursing homes from public scrutiny and legal processes.  Mr. Brown was further quoted saying that with the new nursing home rules “The public will have more ability to examine nursing homes and their records for abuse and neglect”.  In doing so, families considering nursing homes will be better equipped to make decisions in the best interests of their loved ones.

The new CMS nursing home rules take effect in November 2016, but unfortunately, do not apply retroactively to current nursing home residents.  That means there are still nearly 1.5 million nursing home residents who are in danger of being held to mandatory arbitration agreements, whether they knew they signed one or not.

Protecting Nursing Home Residents

In 2014, there were more than 14,000 complaints of neglect, abuse, or exploitation filed with the federal government.  Mr. Brown stated that his firm, MedMalFirm.com, manages “hundreds and hundreds” of similar nursing home abuse cases every year.  Sources commonly cited as factors in nursing home abuse, neglect, and exploitation cases include understaffing, lack of training, and failure to conduct thorough background checks.

The nursing home rules under the CMS ruling will help to restore the rights of nursing home residents and their families to sue for abuse or neglect.  Its reach could go much further.  The 713-page document also addresses quality of care and legal rights based on Nursing Home Reform Law dating back to 1987.  Further, the CMS ruling allows nursing home residents and their families to get the support they need to ensure that their voices are heard, and that substandard nursing homes are held accountable.

Learn More about Your Rights

If you or a loved one are considering moving into a nursing home, it is important to explore your options and ensure that you make the best decision possible.  If you have questions about nursing home rules or your rights as a resident, or want to learn more about nursing home abuse, contact MedMalFirm.com. Our nursing home abuse and medical malpractice attorneys can help answer your questions and ensure that your legal rights are protected.

To request a free consultation, fill out the online form on your screen, or call us toll free at 877-887-4850.