Legislative Update
July 18, 2008 Contact: Maribeth Bersani
House Subcommittee Passes Legislation Banning Arbitration Agreements
The
U.S. House of Representatives Subcommittee on Commercial and
Administrative Law held a hearing this week and passed H.R. 6126, by a
5-4 vote. H.R. 6126 would prevent any assisted living community or
nursing home from utilizing pre-dispute arbitration agreements. The
legislation is now available for consideration by the full House
Judiciary Committee. H.R. 6126 was filed by Congresswoman Linda T.
Sanchez (D-CA) alleging that residents and their families unwittingly
give up their right to hold a long-term care community accountable in
court for negligent or abusive care that results in serious injury or
death, and that residents and their families are often forced to sign
the agreements under duress on a “take-it-or-leave-it basis.” Sen. Herb
Kohl (D-WI) and Sen. Mel Martinez (R-FL) have sponsored an identical
bill, S.2838, in the Senate.
ALFA supports the right of
assisted living providers, residents, and their families to enter into
pre-dispute arbitration agreements and other more timely and less
costly alternatives to courts. ALFA will host a webinar about the
legislation and arbitration agreements in the assisted living setting
in the near future. Stay tuned for additional information.
Senate Aging Committee to Host Hearing on Person-Centered Care
Sen.
Robert P. Casey (D-PA) will chair a U.S. Senate Special Committee on
Aging hearing on reforms necessary for creating a system of health care
and long-term care for seniors that is “person-centered”, on July 23.
Testimony at the hearing will examine two models that provide viable
and promising alternatives, including the Green House Model. Sen. Casey
announced that he will be filing the Promoting Alternatives to Nursing
Homes Act, which includes provisions to create a loan fund for capital
expenses in establishing small house nursing home alternatives.
ALFA will advocate for the inclusion of assisted living as an alternative to nursing homes in the legislation.
AARP Report Supports Increasing Home & Community-Based Options
A
recently released AARP report, “A Balancing Act: State Long-Term Care
Reform,” indicated the overwhelming desire of most seniors to remain
and receive services as close to home as possible as they age and a
strong trend away from institutional care environments. The report
noted rising assisted living census and contrasted it with declining
nursing home census, as well as cost savings for care provided in
assisted living and other home and community-based care settings in
comparison to institutional care settings.
For more information, see the ALFA press release about the report.
