BY MEGAN WILLIAMS
Elderly people seeking admission to nursing homes might be signing away their right to sue over poor treatment.
A growing number of nursing homes in Virginia, and across the nation, require potential residents to agree to resolve disputes through arbitration and not lawsuits.
"These agreements mean that the door is closed to them to use the court system in the event of poor care," said Joani Latimer, the ombudsman for the Virginia Association of Area Agencies on Aging.
Elderly-care advocates in the Fredericksburg area are keeping an eye on the situation. So far, the agreements have not become a problem for nursing-home patients here or their families.
Valerie Hopson-Bell, the case manager for ElderCare Connection, has not heard of a local case in which arbitration has been forced on a nursing-home client. She served as an ombudsman
"It has been brought up at ombudsman meetings in the state," Hopson-Bell said of the arbitration issue.
Some Fredericksburg-area nursing homes have arbitration agreements in their con-tracts.
"It is part of our admission agreement," said John Sevier, the administrator of Mary Washington Health Center in Colonial Beach.
However, no legal action has been taken by a resident or family member during the five years Sevier has been there.
Heritage Hall Health Care in King George County
"If they have a problem with us, they can choose option one, which is mediation, or they can terminate all health care service," said Jim Haines, corporate attorney for Heritage Hall. "It's a pretty standard contract. Other major providers have the same provision."
Efforts to reach other nursing homes in the area were not successful.
Congress is looking into the issue.
Sen. Mel Martinez, R-Fla., is sponsoring legislation that would ban binding arbitration agreements in admission contracts.
A hearing was held this week on the Fairness in Nursing Home Arbitration Act. The bill is now before the Senate Judiciary Committee.
"We have a wide base of support for this bill, including the AARP," said Ken Lundberg, a spokesman for Martinez. "We see it as a common-sense solution to what has become a widespread problem."
Advocates for the elderly say arbitration can be a useful tool to resolve disagreements. It is fast, private and cheaper than a court case.
The Senate bill would not ban arbitration in nursing-home disputes, but it would keep it from being a requirement for admission to a home.
"It creates a situation where families are making urgent decisions [about care] and are having to sign agreements in a rushed and emotional time," Latimer said. "They are not aware that arbitration agreements are in there or the full implication of it."
Latimer also said that agreements of this sort keep problems in elderly care out of the public eye.
"It's a closed process," La-timer said. "Problems with care don't see the light of day."
The arbitration process involves having a nursing-home-appointed arbitrator hear both sides of the complaint and then make a decision based on federal, state and county laws.
The ground rules for the process may differ. Often, there is no way to appeal the decision.
Megan Williams: 540/374-5000,
Email: mewilliams@freelancestar.com