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Senate panel investigating binding arbitration in nursing homes

The AP (6/18, Freking) reports, "Patients hoping to get into nursing homes increasingly are signing away their rights to sue over poor care." According to a Senate panel that is "investigating the growing use of binding arbitration by nursing homes,...more than 100 lawsuits have been filed in the past five years challenging such agreements." Typically, "[a]rbitrators take into account federal, state, and county laws when resolving legal disputes." And, although "[l]awmakers don't want to preclude binding arbitration as an option, said Sen. Herb Kohl (D-Wis.), chairman of the Senate Aging Committee," this "decision has to be made by both parties after a dispute occurs." Sen. Kohl added that "[m]any incoming residents lack the capacity to make even simple decisions, much less judge the legal significance of an arbitration agreement," and "[m]ost are unaware that they are signing away their right to go to court."

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