• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Kulas & Crawford

Attorneys at Law

Call Now: (772) 398.0720

Attend a Free Workshop
  • Home
  • About Our Firm
    • About Our Firm
    • Meet Our Team
  • Services
    • Elder Law and Medicaid
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Veterans Benefits
  • Resources
    • Articles
    • Definitions
    • Elder Care Resources
    • Elder Law Resources
      • Elder Law Reports
      • Palm Bay Elder Law Resources
      • Vero Beach Elder Law Resources
    • Estate Plan Checkup
    • Florida Alzheimer’s Guide
    • FREE Estate Planning Worksheet
    • Free Seminars
    • Frequently Asked Questions
      • Elder Law and Medicaid
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Probate
      • Trust Administration & Probate Frequently Asked Questions
      • Veteran’s Benefits
      • Wills and Trusts
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Probate Checklist
    • Probate Resources
      • Port St Lucie Probate
      • Stuart Probate
      • Vero Beach Probate
    • Published Books
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Workshops
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Indian River County
      • Vero Beach
    • Martin County
      • Hobe Sound
      • Jensen Beach
      • Stuart
    • Okeechobee County
      • Okeechobee
    • St. Lucie County
      • Fort Pierce
      • Port St. Lucie
  • Blog
  • Contact Us
Home >> Lawmakers Push for Legislation Giving Residents the Right to Sue Nursing Home

Lawmakers Push for Legislation Giving Residents the Right to Sue Nursing Home

December 28, 2017 by Joshua K. Crawford

nursing homeYou have undoubtedly heard the warning “read the fine print” when signing contracts of all types; however, for the loved one of elderly individuals in need of nursing home care – often in a time sensitive context – the last thing they have time to do is sit down and read through pages and pages of legal jargon. They just want to find a caring, compassionate, and competent facility to care for their parent or other loved one. What they may not realize though, is that hidden in all of those provisions may be language that prohibits patients from directly suing the facility for abuse. Congress has been debating the issue since last summer; however, the Florida nursing home deaths in the aftermath of Hurricane Irma have given some lawmakers added incentive to push for a patient’s right to sue nursing home.

What Does the Law Currently Say?

As the law stands right now, federal law dictates that a nursing home resident cannot be required to waive the right to access to the court system, meaning a patient can bring a lawsuit against a nursing home for injuries caused by negligence, abuse, and/or neglect on the part of the facility. The rule specifically applies to facilities that accept Medicare or Medicaid funds, which encompasses the vast majority of long-term care (LTC) facilities. The Centers for Medicare and Medicaid Services (CMS), however, has indicated its desire to change the current rule. CMS wants to allow LTC facilities the ability to require prospective residents to waive their right to file a lawsuit in court and, instead, agree to have any “disputes” settled through the use of arbitration. Arbitration is a form of alternative dispute resolution (ADR) that involves bringing the dispute before a disinterested third party for resolution. The third party, an arbitrator, hears the evidence brought by both sides and makes a decision. If the arbitration is the result of a mandatory arbitration clause, the decision made by the arbitrator may be binding on the parties.

Lawsuit vs. Arbitration

Not only does the average person not take the time to read through the volumes of paperwork presented to them when they check a loved one into a nursing home, but even if they did actually read all of it, they might not realize what agreeing to arbitration means in practical terms. Arbitration has traditionally been used to resolve business disputes – and it often works well in that arena. Complaints that involve elder abuse and neglect, however, are not simple business disputes. Unlike a court trial, arbitration is conducted in private, meaning the nursing home involved does not have to worry about public opinion or outcry after hearing details of elder abuse and neglect. Arbitration also removes the possibility of a jury trial. To make matters worse, many mandatory arbitration clauses give all decision-making authority to one party – in this case, to the nursing homes. Expect the nursing home to be able to decide everything from who the arbitrator will be to the rules that apply during the arbitration.

The Push for Patient Rights

In a letter to CMS Administrator Seema Verma, 46 House Democrats wrote that “these clauses are buried in the fine print of voluminous nursing home admission contracts and typically only accepted because they are unnoticed.” The lawmakers pointed to the nursing home in Florida, where 12 residents died after the hurricane knocked out the facility’s air conditioning. “The horrific reports of abuse at facilities in Florida and Texas in the wake of Hurricanes Irma and Harvey underscore the need for your agency to reconsider upending the legal protections of those who have worked and saved for their entire lives to retire with dignity,” the lawmakers wrote. “This is a time when we should be protecting our nation’s seniors, not rolling back their fundamental right to hold wrongdoers accountable for neglect and abuse.”  More than 75 consumers, health and advocacy groups have formed the Fair Arbitration Now Coalition to stop the rule’s reversal and to prevent forced arbitration in the future.

Contact Nursing Home Lawyers

For more information, please join us for an upcoming FREE seminar. If you have questions or concerns regarding the language in a nursing home contract,  contact the experienced Florida nursing home lawyers at Kulas & Crawford by calling (772) 398-0720 to schedule an appointment.

Filed Under: Elder Law

Other Articles You May Find Useful

Vero Beach elder law attorney
How Can an Elder Law Attorney Help Me?
Vero Beach elder law attorney
Keeping Elderly Loved Ones Safe in the Age of Social Media
Vero Beach elder law attorney
How Can I Help My Aging Parents?
Dollarphotoclub 98616379 150x100
Tips for Caregivers
Money 141x150
Stimulus Checks and Nursing Homes
Vero Beach elder law attorney
Keeping Seniors Safe from Predators during the Holidays

Kulas & Crawford

Download Free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

TESTIMONIALS

Easy Testimonials
August 25, 2020
    

I needed a simple, easy-to-use way to add testimonials to my website and display them. Easy Testimonials Pro did all of that and more!

avatar-1
Janet Exampleton
Owner, Exampleton Productions
Easy Testimonials
August 25, 2020
    

I receieved excellent customer support, and quickly. Thank you so much!

avatar-2
Linda Herman
Founder, Herman Studios
Easy Testimonials
August 25, 2020
    

I love your product! I would recommend this to anyone. What a great find!

avatar-3
Steve
Developer, Acme Co.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

~L.G.K
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

~Joan C
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

~Mildred W
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

~Leo C
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

~Krissy L
Client Review
August 25, 2020
    

Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

~Janice M
Client Review
August 25, 2020
    

"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
<
>

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Blog Subscription

Subscribe to our blog to get all of the latest estate planning news in the Port St. Lucie and Vero Beach Florida areas. Fill out the form below to get our updates.

PORT ST. LUCIE

East Lake Professional Center
2100 SE Hillmoor Drive, Suite 105 Port St. Lucie, FL,34952
Phone: (772) 398-0720
Fax: (772) 398-9331
  • PORT ST. LUCIE

VERO BEACH

Bridgeview Building
2770 Indian River Blvd, Suite 321, Vero Beach, FL, 32960
Phone: (772) 778-8481
Fax: (772) 398-9331
  • VERO BEACH

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM
footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

The information on this Florida Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kulas & Crawford. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.