A landmark decision by the Centers for Medicare & Medicaid Services, a division of the U.S. Department of Health and Human Services, guarantees nursing home residents and their families their right to sue long-term care facilities despite forced arbitration clauses. The agency is directly responsible for Medicare and Medicaid funding. It now prevents these facilities from forcing residents to pursue elder abuse and wrongful death claims via arbitration. This rule extends protections to over 1.5 million residents in nursing homes that receive federal funding, which includes most facilities.
It wasn’t very long ago that General Mills — manufacturer of dozens of familiar food brands such as Cheerios, Betty Crocker and Pillsbury — raised hell when it changed the legal terms on its website requiring all disputes related to the purchase or use of any of its products to go through mandatory arbitration for resolutions. Consumers were outraged that engaging with the company online– whether by using their website, joining their online community, subscribing to email newsletters, or even downloading a coupon– could make them lose their right […]
“…the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; those who are in the shadows of life; the sick, the needy and the handicapped.” -Hubert Humphrey
Lincoln, Thomas Payne, Pope John Paul II and Jimmy Carter all recognized the same. If protection of vulnerable is a government morality litmus test, Oregon has earned a higher cloud in heaven. Oregon laws protect “vulnerable persons” from a wide range of abuse and neglect as defined below.
Who is a ‘Vulnerable […]