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U.S. Supreme Court Ruling Is Bad for Nursing Home Patients

May 16, 2017


U.S. Supreme Court Ruling Is Bad for Nursing Home Patients

Statement of Remington A. Gregg, Counsel for Civil Justice and Consumer Rights, Public Citizen’s Congress Watch Division

Contact: Angela Bradbery, abradbery@citizen.org, w. (202) 588-7741; c. (202) 503-6768
Don Owens, dowens@citizen.org, w. (202) 588-7767; c. (202) 617-5371

Note: The U.S. Supreme Court on Monday decided Kindred Nursing Centers L.P. v. Clark, ruling that nursing homes can continue to force patients to arbitrate even when the patients never specifically gave their family members the power to agree to arbitration on their behalf. .

Forced arbitration is an abusive practice that has been imposed on consumers for far too long. The notion that a nursing home patient can lose her right to go to court without ever having had any say on the matter is shameful. This decision is another unfortunate step in the Supreme Court’s arbitration jurisprudence. It further underscores the need for regulatory protections for all nursing home patients against forced arbitration clauses – and for Congress to protect all consumers by banning forced arbitration outright.