“Why does Trump hate grandmothers?”
So asked Rep. Ted Lieu (D-Calif.) on Sunday as he decried a proposal from the administration that would prevent abused or mistreated seniors in nursing homes from getting their day in court, jeopardizing their health and safety.
“Everyone should be outraged that the Administration is proposing to strip legal rights from fragile seniors and their families during the incredibly stressful time when a loved one is entering a nursing home.” —Lauren Saunders, National Consumer Law Center
Lieu’s concern and outrage over the effort is shared with fellow lawmakers as well as patient and consumer advocacy groups like Public Citizen, who said the effort to roll back protections from some of society’s most vulnerable people is just part of “a disturbing trend of the Trump administration attempting to reverse critical protections against forced arbitration,” which prevents individuals or groups of people from filing lawsuits or seeking damages for fraud, abuse, neglect, medical malpractice and other forms of wrongdoing.
As Jason P. Steed, an appellate lawyer, kindly translated on Twitter: “Translation: Trump Admin making it easier for nursing homes to abuse elderly and not be held accountable for it.”
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With Monday the last day for the public to weigh in on the Centers for Medicare and Medicaid Services (CMS) proposal to ditch an Obama-era rule prohibiting use of forced arbitration “ripoff clauses” in nursing home admission agreements, lawmakers and advocacy groups are trying to draw attention to the effort and also filing official objections to the rule with the agency.
“Almost everyone will admit a loved one into a nursing home or long-term care facility,” said Remington A. Gregg, counsel for civil justice and consumer rights in Public Citizen’s Congress Watch division, who authored the group’s objections. “This life-changing and often heart-breaking experience is made even worse when being forced to sign away your right to go to court if you are the victim of neglect or abuse. CMS should be doing all that it can to protect and honor our seniors rather than eliminating critical protections for their well-being.”
Meanwhile, in a letter sent Monday to Seema Verma, the controversial head of CMS appointed by Trump, Sen. Bernie Sanders (I-Vt.) was joined by 30 Democratic senators in denouncing the deregulatory effort.
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