Contact Your Congressman

VHCA (9/11/2008)

We are asking that all VHCA members contact their Congressman and Virginia's two U.S. Senators to oppose The Fairness in Nursing Home Arbitration Act (S. 2838, H.R. 6126). 

Access to quality long term care for our most vulnerable population is threatened by the passage of these bills.  Like other health care providers, VHCA strongly supports the use of arbitration as a reasonable, intelligent option for both patients and providers to help assist in the resolution of legal disputes.

Pre-dispute arbitration is a less adversarial and time consuming process than traditional litigation, and many courts throughout America have determined the process to be both fair and appropriate.  Just and timely resolution to any legal concerns is in the best interest of the patients, residents, taxpayers and the nation's entire health care sector - and pre-dispute arbitration should remain an option for both long term care residents and the facilities that care for them.

Under Virginia law, arbitration agreements are permitted for malpractice claims, as long as the resident or his personal representative can withdraw from the arbitration agreement within 60 days after the termination of health care.

The Fairness in Nursing Home Arbitration Act (S.2838, H.R. 6126) is a misnomer, as it does not provide fairness for either nursing home or assisted living providers or the patients and the residents they serve. The bill would eliminate the use of all pre-dispute arbitration agreements by nursing facilities, assisted living facilities and all housing with services providers nationwide.  This would be detrimental as it would prevent arbitration agreements - even those entered into voluntarily by the resident - from being signed at admission to the facility.

To contact your Congressman and U.S. Senators go to the VHCA website, click on "Speak Out", and then on “VA Senators and Representatives”.