Coalition Support Letter for Fairness in Nursing Home Arbitration Act (S. 512/H.R. 1237)

March 5, 2009

United States Senate

Washington, DC 20510

Dear Senator:

Binding mandatory arbitration clauses are forcing the elderly and those with disabilities and their families to waive their constitutional right to seek redress in the courts when a nursing home resident suffers harm. These clauses are typically buried in contracts signed by families during one of the most stressful events in their lives – entrusting the care of a vulnerable loved one to strangers – and the clauses effectively compel family members to consent that they will waive the legal rights of a loved one if she or he is injured or dies from neglect or physical abuse while in the facility. The contracts are presented on a take-it-or-leave-it basis, and leave families in the impossible situation of having to sign a contract or forgo nursing home care altogether, a decision that most families are not in the position to make. The undersigned organizations urge you to support the Fairness in Nursing Home Arbitration Act of 2009 (S. 512/H.R. 1237), which would invalidate pre-dispute mandatory arbitration provisions in nursing home, assisted living, and other long-term care facility contracts.

This Retirement Cost Could Scramble Your Nest Egg

Nursing Home Care Costs. With annual costs averaging nearly $80,000 a year, this has to be one of the most serious considerations you have to give in planning for your retirement.  Your first thought, and it was mine too, was to say there’s no way I’m going to end up in a nursing home or need home health care.  Well if you haven’t noticed lately, studies confirm that we are living longer.  But remember, living longer doesn’t necessarily equate to living healthier. Take a look at this survey’s finding.