{"id":9119,"date":"2016-09-29T10:25:00","date_gmt":"2016-09-29T18:25:00","guid":{"rendered":"http:\/\/associatednews.info\/content\/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court\/"},"modified":"2016-09-29T10:25:00","modified_gmt":"2016-09-29T18:25:00","slug":"new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court","status":"publish","type":"post","link":"https:\/\/associatednews.info\/content\/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court\/","title":{"rendered":"New Rule Preserves Patients&#039; Rights To Sue Nursing Homes In Court"},"content":{"rendered":"<p><span style=\"font-style:italic;font-size:16px\">By  <a target=\"_blank\" href=\"http:\/\/www.npr.org\/sections\/thetwo-way\/2016\/09\/29\/495918132\/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court?utm_medium=RSS&amp;utm_campaign=healthcare\">Rebecca Hersher<\/a><\/span>  <\/p>\n<div class=\"ftpimagefix\" style=\"float:left\"><a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/thetwo-way\/2016\/09\/29\/495918132\/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court?utm_medium=RSS&amp;utm_campaign=healthcare\"><img decoding=\"async\" width=\"150\" src=\"https:\/\/media.npr.org\/assets\/img\/2016\/09\/29\/gettyimages-75592199-ddc84dc6260847a2d0340dfc5428d44687c7bd04-s1100-c15.jpg\" alt=\"\"><\/a><\/div>\n<div>\n<div><button>Enlarge this image<\/button><\/div>\n<div>\n<div>\n<div>\n<p>A new rule by an agency within the Department of Health and Human Services preserves the right of patients and families to sue nursing homes in court. <strong>Saul Loeb\/AFP\/Getty Images<\/strong> <strong>hide caption<\/strong><\/p>\n<\/div>\n<p><strong>toggle caption<\/strong><\/div>\n<p><span>Saul Loeb\/AFP\/Getty Images<\/span><\/div>\n<\/div>\n<p>The federal government has announced a new rule that guarantees the rights of patients and families to sue long-term care facilities.<\/p>\n<p>The rule, released Wednesday by the Centers for Medicare &amp; Medicaid Services, bans so-called pre-dispute binding arbitration clauses in nursing home contracts, which require patients and families to settle any dispute over care in arbitration, rather than through the court system.<\/p>\n<p>The rule applies to facilities that receive money from Medicare or Medicaid \u2014 which is nearly all of them.<\/p>\n<div>[embedded content]<\/div>\n<p>&#8220;Today&#8217;s rules are a major step forward to improve the care and safety of the nearly 1.5 million residents in the more than 15,000 long-term care facilities that participate in the Medicare and Medicaid programs,&#8221; Andy Slavitt, the acting administrator for the agency, <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blog.cms.gov\/2016\/09\/28\/commitment-to-person-centered-care-for-long-term-care-facility-residents\/\">wrote in a blog post<\/a> about the decision.<\/p>\n<p>It is scheduled to go into effect in November.<\/p>\n<p>The change was <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.hhs.gov\/about\/news\/2015\/07\/13\/hhs-proposes-to-improve-care-and-safety-for-nursing-homes-residents.html\">originally proposed<\/a> in July 2015, and Slavitt writes that the agency has &#8220;received and reviewed almost 10,000 comments from the public.&#8221;<\/p>\n<p>The rule would address cases like that of Dean Cole, who <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2015\/10\/19\/449957318\/suing-a-nursing-home-could-get-easier-under-proposed-federal-rules\">NPR reported on<\/a> in 2015. Just two weeks after Cole&#8217;s wife arranged for him to move into a Minnesota nursing home, he was rushed to the hospital, severely dehydrated and in a coma, a lawyer for the family told NPR&#8217;s Ina Jaffe.<\/p>\n<p>Cole died a short while later. His wife, Virginia, could not sue the facility because she had signed a binding agreement to pursue arbitration for any dispute. Although she won the arbitration hearing before three judges, the fees for the proceedings amounted to more than $60,000, leaving her with a final settlement amount of only $20,000, her lawyer said.<\/p>\n<p>The new rule will allow people like Virginia Cole to sue a nursing home in court. It also leaves the door open to arbitration in individual cases if both sides agree to it.<\/p>\n<p><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.ahcancal.org\/research_data\/liability\/Documents\/2009%20Special%20Study%20on%20Arbitration%20in%20Long%20Term%20Care.pdf\">A 2009 study<\/a> commissioned by the American Health Care Association, which represents most nursing homes, found the average awards after arbitration were 35 percent lower than if the plaintiff had gone to court.<\/p>\n<p>The <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.ahcancal.org\/news\/news_releases\/pages\/ahca-voices-concerns-with-proposed-rule.aspx\">American Health Care Association<\/a> opposed the arbitration rule change when it was proposed in 2015. Clifton Porter II, the AHCA&#8217;s senior vice president for government relations, defended arbitration in a <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2015\/10\/19\/449957318\/suing-a-nursing-home-could-get-easier-under-proposed-federal-rules\">2015 interview with NPR<\/a>, saying &#8220;it actually allows consumers to get an expedited award.&#8221;<\/p>\n<p>The association&#8217;s president and CEO, Mark Parkinson, said in a statement, &#8220;AHCA is extremely disappointed that CMS included in the final rule a provision banning all pre-dispute arbitration agreements. That provision clearly exceeds CMS&#8217;s statutory authority and is wholly unnecessary to protect residents&#8217; health and safety. We are considering the appropriate steps to take in light of this unjustified action by CMS.&#8221;<\/p>\n<p>In addition to the litigation changes, the new rule also includes expanded regulations regarding the food, medical treatment and personnel requirements for long-term care facilities. Nursing homes must provide &#8220;nourishing, palatable&#8221; food for residents and develop a care plan for each resident within 48 hours of their admission to the facility.<\/p>\n<p>Amid increased fears of <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2015\/02\/25\/389017912\/infections-with-dangerous-gut-microbe-still-on-the-rise\">institutionally-spread infection<\/a> and <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/goatsandsoda\/2016\/09\/21\/494914739\/u-n-pledges-to-fight-antibiotic-resistance-in-historic-agreement\">antibiotic resistance<\/a>, the new rules also require nursing homes to develop an &#8220;infection prevention and control program,&#8221; and a plan for monitoring the use of antibiotics.<\/p>\n<p><strong><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/\">Let&#8217;s block ads!<\/a><\/strong> <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/github.com\/fivefilters\/block-ads\/wiki\/There-are-no-acceptable-ads\">(Why?)<\/a><\/p>\n<p>Source:: <a href=\"http:\/\/www.npr.org\/sections\/thetwo-way\/2016\/09\/29\/495918132\/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court?utm_medium=RSS&amp;utm_campaign=healthcare\" target=\"_blank\" title=\"New Rule Preserves Patients&#039; Rights To Sue Nursing Homes In Court\" rel=\"nofollow\">http:\/\/www.npr.org\/sections\/thetwo-way\/2016\/09\/29\/495918132\/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court?utm_medium=RSS&amp;utm_campaign=healthcare<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"ftpimagefix\" style=\"float:left\"><a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/thetwo-way\/2016\/09\/29\/495918132\/new-rule-preserves-patients-rights-to-sue-nursing-homes-in-court?utm_medium=RSS&amp;utm_campaign=healthcare\"><img decoding=\"async\" width=\"150\" src=\"https:\/\/media.npr.org\/assets\/img\/2016\/09\/29\/gettyimages-75592199-ddc84dc6260847a2d0340dfc5428d44687c7bd04-s1100-c15.jpg\" alt=\"\"><\/a><\/div>\n<div>\n<div><button>Enlarge this image<\/button><\/div>\n<div>\n<div>\n<div>\n<p>A new rule by an agency within the Department of Health and Human Services preserves the right of patients and families to sue nursing homes in court. <strong>Saul Loeb\/AFP\/Getty Images<\/strong> <strong>hide caption<\/strong><\/p>\n<\/div>\n<p><strong>toggle caption<\/strong><\/div>\n<p><span>Saul Loeb\/AFP\/Getty Images<\/span><\/div>\n<\/div>\n<p>The federal government has announced a new rule that guarantees the rights of patients and families to sue long-term care facilities.<\/p>\n<p>The rule, released Wednesday by the Centers for Medicare &amp; Medicaid Services, bans so-called pre-dispute binding arbitration clauses in nursing home contracts, which require patients and families to settle any dispute over care in arbitration, rather than through the court system.<\/p>\n<p>The rule applies to facilities that receive money from Medicare or Medicaid \u2014 which is nearly all of them.<\/p>\n<div>[embedded content]<\/div>\n<p>&#8220;Today&#8217;s rules are a major step forward to improve the care and safety of the nearly 1.5 million residents in the more than 15,000 long-term care facilities that participate in the Medicare and Medicaid programs,&#8221; Andy Slavitt, the acting administrator for the agency, <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blog.cms.gov\/2016\/09\/28\/commitment-to-person-centered-care-for-long-term-care-facility-residents\/\">wrote in a blog post<\/a> about the decision.<\/p>\n<p>It is scheduled to go into effect in November.<\/p>\n<p>The change was <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.hhs.gov\/about\/news\/2015\/07\/13\/hhs-proposes-to-improve-care-and-safety-for-nursing-homes-residents.html\">originally proposed<\/a> in July 2015, and Slavitt writes that the agency has &#8220;received and reviewed almost 10,000 comments from the public.&#8221;<\/p>\n<p>The rule would address cases like that of Dean Cole, who <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2015\/10\/19\/449957318\/suing-a-nursing-home-could-get-easier-under-proposed-federal-rules\">NPR reported on<\/a> in 2015. Just two weeks after Cole&#8217;s wife arranged for him to move into a Minnesota nursing home, he was rushed to the hospital, severely dehydrated and in a coma, a lawyer for the family told NPR&#8217;s Ina Jaffe.<\/p>\n<p>Cole died a short while later. His wife, Virginia, could not sue the facility because she had signed a binding agreement to pursue arbitration for any dispute. Although she won the arbitration hearing before three judges, the fees for the proceedings amounted to more than $60,000, leaving her with a final settlement amount of only $20,000, her lawyer said.<\/p>\n<p>The new rule will allow people like Virginia Cole to sue a nursing home in court. It also leaves the door open to arbitration in individual cases if both sides agree to it.<\/p>\n<p><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.ahcancal.org\/research_data\/liability\/Documents\/2009%20Special%20Study%20on%20Arbitration%20in%20Long%20Term%20Care.pdf\">A 2009 study<\/a> commissioned by the American Health Care Association, which represents most nursing homes, found the average awards after arbitration were 35 percent lower than if the plaintiff had gone to court.<\/p>\n<p>The <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.ahcancal.org\/news\/news_releases\/pages\/ahca-voices-concerns-with-proposed-rule.aspx\">American Health Care Association<\/a> opposed the arbitration rule change when it was proposed in 2015. Clifton Porter II, the AHCA&#8217;s senior vice president for government relations, defended arbitration in a <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2015\/10\/19\/449957318\/suing-a-nursing-home-could-get-easier-under-proposed-federal-rules\">2015 interview with NPR<\/a>, saying &#8220;it actually allows consumers to get an expedited award.&#8221;<\/p>\n<p>The association&#8217;s president and CEO, Mark Parkinson, said in a statement, &#8220;AHCA is extremely disappointed that CMS included in the final rule a provision banning all pre-dispute arbitration agreements. That provision clearly exceeds CMS&#8217;s statutory authority and is wholly unnecessary to protect residents&#8217; health and safety. We are considering the appropriate steps to take in light of this unjustified action by CMS.&#8221;<\/p>\n<p>In addition to the litigation changes, the new rule also includes expanded regulations regarding the food, medical treatment and personnel requirements for long-term care facilities. Nursing homes must provide &#8220;nourishing, palatable&#8221; food for residents and develop a care plan for each resident within 48 hours of their admission to the facility.<\/p>\n<p>Amid increased fears of <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2015\/02\/25\/389017912\/infections-with-dangerous-gut-microbe-still-on-the-rise\">institutionally-spread infection<\/a> and <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/goatsandsoda\/2016\/09\/21\/494914739\/u-n-pledges-to-fight-antibiotic-resistance-in-historic-agreement\">antibiotic resistance<\/a>, the new rules also require nursing homes to develop an &#8220;infection prevention and control program,&#8221; and a plan for monitoring the use of antibiotics.<\/p>\n<p><strong><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/\">Let&#8217;s block ads!<\/a><\/strong> <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/github.com\/fivefilters\/block-ads\/wiki\/There-are-no-acceptable-ads\">(Why?)<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20],"tags":[],"class_list":["post-9119","post","type-post","status-publish","format-standard","hentry","category-health"],"_links":{"self":[{"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/posts\/9119","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/comments?post=9119"}],"version-history":[{"count":0,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/posts\/9119\/revisions"}],"wp:attachment":[{"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/media?parent=9119"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/categories?post=9119"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/tags?post=9119"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}