For years, many of the nation’s elderly in nursing homes have been victims of abuse and neglect, and an Obama-era rule tried to fix that by allowing seniors to dodge arbitration and take the issue to the courts.
Outside Arbitration Biased Toward Nursing Homes
However, President Trump now wants to roll back that rule for elder care facilities, which would mean the elderly will be no longer able to sue the facilities. Outside arbitration is known for its little effectiveness, and the majority of cases are solved to benefit nursing homes.
The Centers for Medicare and Medicaid Services unveiled the plan to scrap the Obama-era rule that bars some nursing homes from biding their clients to a third party to solve any potential dispute rather than a court.
The Trump administration’s decision is harsh, but it doesn’t lack irony. Trump’s mother, Mary Trump, convinced his dad, Fred Trump, to get more involved in charity. As a result, the older Trump built a nursing home called The Trump Pavilion for Nursing and Rehabilitation in 1975.
Congress Pushes Back Against the Decision
Trump’s latest plan was met with opposition on the Hill. Around 30 Senators including Al Franken urged the Centers for Medicare and Medicaid Services in a letter to reconsider the changes.
The senators reminded the centers that arbitration clauses “stack the deck” against seniors and their family members even when it comes to cases that involve physical harm, neglect, sexual assault, and death.
Such clauses prevent a very vulnerable category of U.S. citizens to seek justice in the nation’s courts, while arbitration is traditionally biased toward nursing homes.
As a result, victims and their families are frequently denied any accountability for clear instances of wrongdoing,
The senators wrote in their letter.
It is unclear why would the president target the rule since the move will make him even less popular and cause a huge backlash from affected residents and their families.
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