We previously reported on the new rule that the Centers for Medicare & Medicaid Services (CMS) was poised to implement regarding a common clause in nursing home contracts that makes lawsuits against nursing homes more difficult. The federal mandate prohibited nursing homes that entered into contracts with residents that contain a binding arbitration clause from receiving any federal funds. CMS enacted this rule to provide further protections for nursing home residents in terms of their ability to go to court for relief if injured as a result of the negligent or otherwise harmful actions of a nursing home or its staff. In other words, CMS sought to ease the process of abused or neglected nursing home residents getting justice from nursing homes.
In response to the new CMS rule, several nursing home groups, including the American Health Care Association, filed suit in the U.S. District Court for the Northern District of Mississippi, arguing that not only was the rule unnecessary, but that CMS exceeded its statutory authority in enacting the rule. According to the nursing home groups, all nursing homes do not require an arbitration clause of their residents; rather, they allow the resident to opt out of the provision if they so choose. Although Judge Michael P. Mills acknowledged the sound public policy underlying the CMS rule, he nonetheless issued an order blocking the rule from going into effect, agreeing with the nursing home groups that CMS had no statutory authority to issue the rule. Mills also indicated that, as a result, Congress should consider enacting a federal law banning pre-dispute arbitration clauses in nursing home contracts. It is estimated that as many as 50% of nursing homes require contracts with pre-dispute arbitration clauses.
The nursing home abuse lawyers of Boller & Vaughan pride themselves on advocating on behalf of clients who have been injured in some way, no matter what type of incident may have led to their injuries. We can seek compensation for you through the legal claim process, while you and your family can concentrate on healing, recovering from any trauma that you might have experienced, and moving on with your life. Don’t hesitate to call our office today and learn how we can help.
ABC News reported on the results of a study by members of the Special Investigations Division of the House Government Reform Committee concerning nursing home abuse that was published earlier this year. This study found […]
A recent Huffington Post article details the plight of Americans over the age of 50, many of whom have been the victims of financial exploitation at one point or another. Even the late Mickey Rooney […]
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
