The former staff attorney/law clerk facing an indictment for
allegedly impersonating an Illinois judge says she won’t take the bench,
if she wins election, until an ethics case against her is resolved.
Rhonda Crawford said in a court filing that she would not oppose an
order that would bar her from taking the bench until resolution of the
ethics case, the Chicago Tribune reports.
Crawford was indicted
earlier this month on a felony charge of official misconduct and a
misdemeanor charge of false impersonation. She is accused of donning
judicial robes and ruling in traffic court cases in August as part of a
shadowing process. Crawford has said she was always under direction of
the judge.
Crawford is seeking extra time to respond to the ethics case, which
seeks to bar her from becoming a judge if she wins the Cook County
judicial election. Crawford said the lawyer most familiar with the
ethics case recently died, and she has hired new lawyers.
Full Article & Source:
Indicted judicial candidate says she wouldn't take bench until ethics case is resolved
Tuesday, November 1, 2016
Monday, October 31, 2016
'Let Them Out'
The first in a series of films about people with disabilities needlessly locked away in institutions in the US.
#LetThemOut from Jody Santos on Vimeo.
Jody Santos is an award-winning journalist, author, and documentary filmmaker. She has reported for television, print news, and public radio for the last 20 years, and has been producing and directing documentaries for PBS and cable networks like Discovery Health and the Hallmark Channel since 2000. She has traveled to more than a dozen countries across five continents, documenting everything from the trafficking of girls in Nepal to sustainable agriculture efforts in Honduras.
Regardless of the medium, her goal has remained the same: to shed light on the social injustices of the day. Her reports often focus on the issue of violence against women and children and ways to prevent violence in our communities. As a special projects producer for Boston’s NBC news affiliate, she was nominated for an Emmy for a special report on an effort to rid the city’s streets of black market guns. Her documentary, No One Left Behind, just won a Telly Award in Film/Video in the social responsibility category. It was selected from over 12,000 entries from all 50 states and five continents.
Over the years, Santos has appeared on National Public Radio, Unsolved Mysteries and other news outlets to defend her writings and weigh in on important current events. She teaches broadcast journalism and documentary film at Springfield College in Springfield, Massachusetts. Her book, Daring to Feel: Violence, the News Media, and Their Emotions, was released by Rowman & Littlefield in December 2009.
Jody Santos is an award-winning journalist, author, and documentary filmmaker. She has reported for television, print news, and public radio for the last 20 years, and has been producing and directing documentaries for PBS and cable networks like Discovery Health and the Hallmark Channel since 2000. She has traveled to more than a dozen countries across five continents, documenting everything from the trafficking of girls in Nepal to sustainable agriculture efforts in Honduras.
Regardless of the medium, her goal has remained the same: to shed light on the social injustices of the day. Her reports often focus on the issue of violence against women and children and ways to prevent violence in our communities. As a special projects producer for Boston’s NBC news affiliate, she was nominated for an Emmy for a special report on an effort to rid the city’s streets of black market guns. Her documentary, No One Left Behind, just won a Telly Award in Film/Video in the social responsibility category. It was selected from over 12,000 entries from all 50 states and five continents.
Over the years, Santos has appeared on National Public Radio, Unsolved Mysteries and other news outlets to defend her writings and weigh in on important current events. She teaches broadcast journalism and documentary film at Springfield College in Springfield, Massachusetts. Her book, Daring to Feel: Violence, the News Media, and Their Emotions, was released by Rowman & Littlefield in December 2009.
'Let Them Out'
The first in a series of films about people with disabilities needlessly locked away in institutions in the US.
Jody Santos is an award-winning journalist, author, and documentary filmmaker. She has reported for television, print news, and public radio for the last 20 years, and has been producing and directing documentaries for PBS and cable networks like Discovery Health and the Hallmark Channel since 2000. She has traveled to more than a dozen countries across five continents, documenting everything from the trafficking of girls in Nepal to sustainable agriculture efforts in Honduras.
Regardless of the medium, her goal has remained the same: to shed light on the social injustices of the day. Her reports often focus on the issue of violence against women and children and ways to prevent violence in our communities. As a special projects producer for Boston’s NBC news affiliate, she was nominated for an Emmy for a special report on an effort to rid the city’s streets of black market guns. Her documentary, No One Left Behind, just won a Telly Award in Film/Video in the social responsibility category. It was selected from over 12,000 entries from all 50 states and five continents.
Over the years, Santos has appeared on National Public Radio, Unsolved Mysteries and other news outlets to defend her writings and weigh in on important current events. She teaches broadcast journalism and documentary film at Springfield College in Springfield, Massachusetts. Her book, Daring to Feel: Violence, the News Media, and Their Emotions, was released by Rowman & Littlefield in December 2009.
Jody Santos is an award-winning journalist, author, and documentary filmmaker. She has reported for television, print news, and public radio for the last 20 years, and has been producing and directing documentaries for PBS and cable networks like Discovery Health and the Hallmark Channel since 2000. She has traveled to more than a dozen countries across five continents, documenting everything from the trafficking of girls in Nepal to sustainable agriculture efforts in Honduras.
Regardless of the medium, her goal has remained the same: to shed light on the social injustices of the day. Her reports often focus on the issue of violence against women and children and ways to prevent violence in our communities. As a special projects producer for Boston’s NBC news affiliate, she was nominated for an Emmy for a special report on an effort to rid the city’s streets of black market guns. Her documentary, No One Left Behind, just won a Telly Award in Film/Video in the social responsibility category. It was selected from over 12,000 entries from all 50 states and five continents.
Over the years, Santos has appeared on National Public Radio, Unsolved Mysteries and other news outlets to defend her writings and weigh in on important current events. She teaches broadcast journalism and documentary film at Springfield College in Springfield, Massachusetts. Her book, Daring to Feel: Violence, the News Media, and Their Emotions, was released by Rowman & Littlefield in December 2009.
Steve Miller Interviewed on Freedom's Phoenix Radio About Guardianship Abuse
Click to LISTEN to Steve Miller's Interview on Freedom's Phoenix Radio
![]() |
| Jared Shafer |
Steve Miller: Why are Jared E. Shafer's Judge Signs Being Removed?
LAS VEGAS - On a recent drive through the Las Vegas valley, I noticed that hundreds of Jared E. Shafer's Signs of Nevada c/o PFSN, Inc. judge signs have just been removed from vacant lots two weeks ahead of the election.

I have long believed that Shafer's judge signs were his Achilles' heel, and his secret method of allegedly bribing local judges to issue rulings in his favor, rulings that removed the civil rights of his wealthy court appointed "wards," and reportedly allowed him to gain power of attorney over their finances and assets.
At a time when outdoor advertising companies are flooding our valley with political billboards, Shafer's judge signs are disappearing. Why? Is he going out of business and leaving town in the middle of a state and federal investigation into his and his protege's financial dealings?
April Parks, one of Shafer's proteges, skipped town last summer with the fortunes of several of her Clark County Family Court appointed wards. Patience Bristol, Shafer's PFSN assistant, is currently serving a 5 - 8 year prison sentence for elder exploitation.
Clark County District Attorney Steve Wolfson and Nevada Attorney General Adam Laxalt have told several of Shafer and Parks' victims, and me, that "indictments are expected by November 1."
Is Jared Shafer also planning on leaving town in the near future, hence the dismantling of his sign business in the middle of an election?
Today, I sent inquiries to owners of vacant lots that were previously used by Shafer to advertise the Clark County Family Court and District Court judges he favors, and am awaiting their response. I ask property owners if they have recently become aware of Shafer and his judge's alleged exploitation of wealthy court appointed elderly and disabled "wards," and if they demanded he immediately remove his signs from their vacant land so they would not be inadvertently aiding and abetting him and his judge's alleged crimes?
I will let you know what I learn. ~SM

I have long believed that Shafer's judge signs were his Achilles' heel, and his secret method of allegedly bribing local judges to issue rulings in his favor, rulings that removed the civil rights of his wealthy court appointed "wards," and reportedly allowed him to gain power of attorney over their finances and assets.
At a time when outdoor advertising companies are flooding our valley with political billboards, Shafer's judge signs are disappearing. Why? Is he going out of business and leaving town in the middle of a state and federal investigation into his and his protege's financial dealings?
April Parks, one of Shafer's proteges, skipped town last summer with the fortunes of several of her Clark County Family Court appointed wards. Patience Bristol, Shafer's PFSN assistant, is currently serving a 5 - 8 year prison sentence for elder exploitation.
Clark County District Attorney Steve Wolfson and Nevada Attorney General Adam Laxalt have told several of Shafer and Parks' victims, and me, that "indictments are expected by November 1."
Is Jared Shafer also planning on leaving town in the near future, hence the dismantling of his sign business in the middle of an election?
Today, I sent inquiries to owners of vacant lots that were previously used by Shafer to advertise the Clark County Family Court and District Court judges he favors, and am awaiting their response. I ask property owners if they have recently become aware of Shafer and his judge's alleged exploitation of wealthy court appointed elderly and disabled "wards," and if they demanded he immediately remove his signs from their vacant land so they would not be inadvertently aiding and abetting him and his judge's alleged crimes?
I will let you know what I learn. ~SM
Guardianship Abuse: the Subject of Political Ads in Nevada
Family members of senior citizens at the center of a controversy surrounding the Nevada guardianship system say their pleas for help to then-attorney general Catherine Cortez Masto, now a U.S. Senate candidate, were ignored for political reasons.
The family members accuse Jared Shafer, a former Clark County, Nev., official who runs a private guardianship firm, of bilking family members’ estates of hundreds of thousands of dollars. Shafer brushed off threats of legal action by invoking his connections to Masto, the Democratic candidate for Senate hoping to replace Harry Reid.
“Jared Shafer knew that Masto would never take a report” due to her family’s ties to Shafer, said Charles Pascal, whose mother-in-law died under Shafer’s care, in a Tuesday interview. “Why can these guardians do these things? They can do these things because they believe that no action will be taken.”
Nevada’s guardianship program has sparked controversy over allegations by the families of state wards that court-appointed guardians, who assume control over the estates of the elderly and indigent, extract excessive fees without providing basic levels of care.
If you think it sounds bad in a macro sense, the details will horrify you.
Rebecca Schultz, Olvera’s daughter says that Shafer billed her father’s estate for thousands of dollars in excessive and unsupported expenses. Those included payments to a case manager since imprisoned on felony charges of abusing the elderly after she was found to have stolen from state wards in her care and pawned their belongings.
A California judge terminated Shafer’s guardianship of Olvera in 2013, but not before Shafer billed the estate for another $240,000 in legal fees.
No one has yet alleged that Cortez Masto was getting a cut from what was embezzled from wards of the state but it is very clear that the abuse was reported to her and she did nothing.
Source:
Harry Reid Protege Cortez-Masto Let Family Friend Pillage Elderly
Also:
See:
NASGA: Lupe Olvera, NV/CA Victim
NASGA: Marcy E. Dudeck, NV/CA Victim
The family members accuse Jared Shafer, a former Clark County, Nev., official who runs a private guardianship firm, of bilking family members’ estates of hundreds of thousands of dollars. Shafer brushed off threats of legal action by invoking his connections to Masto, the Democratic candidate for Senate hoping to replace Harry Reid.
“Jared Shafer knew that Masto would never take a report” due to her family’s ties to Shafer, said Charles Pascal, whose mother-in-law died under Shafer’s care, in a Tuesday interview. “Why can these guardians do these things? They can do these things because they believe that no action will be taken.”
Nevada’s guardianship program has sparked controversy over allegations by the families of state wards that court-appointed guardians, who assume control over the estates of the elderly and indigent, extract excessive fees without providing basic levels of care.
If you think it sounds bad in a macro sense, the details will horrify you.
Rebecca Schultz, Olvera’s daughter says that Shafer billed her father’s estate for thousands of dollars in excessive and unsupported expenses. Those included payments to a case manager since imprisoned on felony charges of abusing the elderly after she was found to have stolen from state wards in her care and pawned their belongings.
A California judge terminated Shafer’s guardianship of Olvera in 2013, but not before Shafer billed the estate for another $240,000 in legal fees.
No one has yet alleged that Cortez Masto was getting a cut from what was embezzled from wards of the state but it is very clear that the abuse was reported to her and she did nothing.
Source:
Harry Reid Protege Cortez-Masto Let Family Friend Pillage Elderly
Also:
See:
NASGA: Lupe Olvera, NV/CA Victim
NASGA: Marcy E. Dudeck, NV/CA Victim
Sunday, October 30, 2016
Steve Miller: Jason Hanson's Story
This is the recent story of Jason Hanson, the 27 year old cerebral palsy victim whose entire inheritance was stolen by Clark County Family Court appointed "guardians" and attorneys Francis Fine, Dara Goldsmith, Elyse Tyrell, and their mentor Jared E. Shafer, with the full approval of Judges Charles Hoskin and Jon Norheim. - SM
Source:
Jason's Story
Source:
Guardian Jared E. Shafer Exploits Special Needs Trust
GoFundMe: Jason Would Appreciate Your Help
Source:
Jason's Story
Source:
Guardian Jared E. Shafer Exploits Special Needs Trust
GoFundMe: Jason Would Appreciate Your Help
An Innovation in Memory Care: Therapy Through Design
What picture comes to your mind when you hear the words “memory care”
or “nursing home”? A tiny house facing a golf course? A main street
lined with front porches. A place with a courtyard, like this?

A place that feels like a suburban ‘hood, with a movie theater, a library, even a spa?
Or do you imagine something more institutional?
Makesh has high hopes for his model: “We cannot continue to just care for Alzheimer’s patients,” Makesh told Senior Housing News earlier this year. The Lantern centers, he believes, may actually help to treat dementia.
Each of the facilities is a kind of time capsule of 1930s and ’40s small-town environments — even the paint-colors are authentically vintage. The centers are designed to put seniors with failing memories at ease, help connect them to their pasts and encourage the formation of new memories. In Makesh’s view, some of the agitation that patients experience in a typical nursing home comes from the fact that this “home,” whether it’s more like a hospital or a hotel, doesn’t feel at all familiar. After all, a person with Alzheimer’s remembers the decade of his or her youth much more clearly than where they were 20 years ago, or even yesterday.
Even if the Lantern centers look a little like stage sets, these faux towns are designed to allow people with dementia to function at their maximum potential in a real-life way. A former occupational therapist with experience in the skilled nursing industry, Makesh pairs the familiar environment with cognitive and occupational therapy and other forms of rehab. Residents take classes in the skills of daily living. “The learning is based on what we think they need based on the deficits,” Makesh told the the News-Herald. “We reintroduce learning into their life. We strongly believe by doing that, we’ll be able to slow the progression of the disease.”
Each person living in one of these centers has a front porch from which he can chat with neighbors and watch the community’s comings and goings, supporting a culture that encourages residents to interact with one another.

Fiberoptic ceilings mimic the rising and setting of the sun to help with residents’ internal clocks. Mid-day, the sunlight streams down and at “night,” scattered stars twinkle in the dark night sky, and porch lights and street lamps glow.

Beneath the “sky,” the indoor “courtyard” — fake grass, a real waterfall, painted landscapes, cafe tables and fountains — is designed to alleviate the perpetual “shut in” feeling of the typical nursing home.

The physical environment isn’t all that distinguishes a Lantern center from the typical retirement home. Residents have access to the types of venues they once enjoyed, like a 24-hour bistro, movie theater, fitness center, spa and library. There’s aromatherapy. At mealtimes, appetite-boosting aromas like citrus fill the air. Should a person become depressed or agitated, the anxiety-relieving scent of frankincense wafts through their room.
There’s sound therapy, too. Birds chirp and a waterfall gurgles as if it’s springtime. It’s a faux natural world with surround-sound music.
Will some men and women be rehabilitated to the point that they can return to their real-life homes? Makesh believes that’s a possibility. As he told News Herald, some clients in the controlled environment have learned to bathe and dress themselves.
Can you imagine living in a faux Lantern-style town?
Full Article & Source:
An Innovation in Memory Care: Therapy Through Design
A place that feels like a suburban ‘hood, with a movie theater, a library, even a spa?
Or do you imagine something more institutional?
A Walk Down Memory Lane
Three Ohio senior memory care facilities have been making waves with their innovative design and forward thinking. These Lantern lifestyle centers are the brainchild of CEO Jean Makesh, who has brought old-fashioned neighborhood life indoors for people with dementia or Alzheimer’s.
Makesh has high hopes for his model: “We cannot continue to just care for Alzheimer’s patients,” Makesh told Senior Housing News earlier this year. The Lantern centers, he believes, may actually help to treat dementia.
Each of the facilities is a kind of time capsule of 1930s and ’40s small-town environments — even the paint-colors are authentically vintage. The centers are designed to put seniors with failing memories at ease, help connect them to their pasts and encourage the formation of new memories. In Makesh’s view, some of the agitation that patients experience in a typical nursing home comes from the fact that this “home,” whether it’s more like a hospital or a hotel, doesn’t feel at all familiar. After all, a person with Alzheimer’s remembers the decade of his or her youth much more clearly than where they were 20 years ago, or even yesterday.
Even if the Lantern centers look a little like stage sets, these faux towns are designed to allow people with dementia to function at their maximum potential in a real-life way. A former occupational therapist with experience in the skilled nursing industry, Makesh pairs the familiar environment with cognitive and occupational therapy and other forms of rehab. Residents take classes in the skills of daily living. “The learning is based on what we think they need based on the deficits,” Makesh told the the News-Herald. “We reintroduce learning into their life. We strongly believe by doing that, we’ll be able to slow the progression of the disease.”
More Than Memories
Images of the Lantern centers’ indoor courtyards, streets and faux golf courses have recently spread across the internet, sparking broad interest in Makesh’s experiment.
Each person living in one of these centers has a front porch from which he can chat with neighbors and watch the community’s comings and goings, supporting a culture that encourages residents to interact with one another.
Fiberoptic ceilings mimic the rising and setting of the sun to help with residents’ internal clocks. Mid-day, the sunlight streams down and at “night,” scattered stars twinkle in the dark night sky, and porch lights and street lamps glow.
Beneath the “sky,” the indoor “courtyard” — fake grass, a real waterfall, painted landscapes, cafe tables and fountains — is designed to alleviate the perpetual “shut in” feeling of the typical nursing home.
The physical environment isn’t all that distinguishes a Lantern center from the typical retirement home. Residents have access to the types of venues they once enjoyed, like a 24-hour bistro, movie theater, fitness center, spa and library. There’s aromatherapy. At mealtimes, appetite-boosting aromas like citrus fill the air. Should a person become depressed or agitated, the anxiety-relieving scent of frankincense wafts through their room.
There’s sound therapy, too. Birds chirp and a waterfall gurgles as if it’s springtime. It’s a faux natural world with surround-sound music.
Will some men and women be rehabilitated to the point that they can return to their real-life homes? Makesh believes that’s a possibility. As he told News Herald, some clients in the controlled environment have learned to bathe and dress themselves.
What If This Wasn’t Your Hometown?
Would the Lantern centers, which replicate the childhood homes of some but certainly not all of the U.S. population, put seniors at ease who grew up in, say, 1940s New York City or Chicago? And could the model be re-created at less expense to make it more affordable? Makesh says that each of his three centers reflects the community where it’s located, and that he wants to make the Lantern model available to a broad population. Maybe we’ll see a memory care center some day where residents sit out on their stoops and take short trips to the local newsstand.
Can you imagine living in a faux Lantern-style town?
Full Article & Source:
An Innovation in Memory Care: Therapy Through Design
Nursing homes challenge new rule giving residents right to sue
The nursing home industry is fighting back against new rules from the Obama administration that would give patients at federally funded facilities the right to settle disputes in court.
Starting Nov. 28, nursing homes that accept Medicare and/or Medicaid funds will be banned from using pre-dispute arbitration clauses in resident contracts. The policy is being enacted under new rules from the Centers for Medicaid and Medicare services (CMS).
The arbitration language — often slipped into the fine print — forces residents to settle disputes privately with an arbitrator rather than through the courts.
In a lawsuit filed this week, the American Health Care Association and four other state and local health care groups argue CMS and the Department of Health and Human Services overstepped their authority in issuing the rule.
“Neither the Medicare Act nor the Medicaid Act says anything at all about arbitration agreements or alternative dispute resolution — let alone authorizes HHS or CMS to prohibit use of those agreements entirely,” the group said in it’s complaint.
AHCA said Congress has repeatedly rejected legislation to amend the Federal Arbitration Act and invalidate arbitration agreements between nursing home facilities and their residents.
“We are taking this step to stop what is a clear overreach by CMS. Federal law plainly prohibits CMS from issuing this arbitration regulation,” AHCA’s President and CEO Mark Parkinson said in a statement this week.
“The merits of allowing individuals in our centers and their families this legal remedy are clear: study after study shows that arbitration is fair and speeds judgments in a cost-effective manner that benefits those injured more than anyone else.”
Others argue arbitration is needed to ensure settlements are reasonable.
Harry Nelson, a Los Angeles health care attorney and founding partner of Nelson Hardiman LLP, said juries almost always favor the patient over the facility in cases involving nursing homes.
“Everyone can relate to elderly people,” he said. “We all have parents and grandparents and feel awful when things happen, so jury selection can be very difficult.”
He said facilities end up paying 30 percent to 35 percent more when a court settles an injury claim, even when the facility isn’t necessarily to blame.
While arbitration may be the cheaper option, patient advocates say the system is one-sided.
Lori Smetanka, executive director of The National Consumer Voice for Quality Long-Term Care, said the clauses give facilities the power to set the terms and choose the arbitrator.
“Often times arbitration is not done in person, it’s done over the phone, which is really challenging for the residents or family members and there’s not an opportunity to appeal the decision of the arbitrator,” she said. “There’s no other recourse then for the family members.”
Smetanka claims the rule is needed to protect residents when they are at their most vulnerable.
“When a resident goes into a nursing home it is a very stressful and emotional time and usually the selection of a facility is done very quickly,” she said.
“There’s a lot of emotions … then to go in and be handed a big admissions packet that includes arbitration clauses, families are not in a position to understand the weight of what they are signing away.“
In a statement, American Association for Justice President Julie Braman Kane said the nursing home industry has used forced arbitration clauses to cover up abuse and neglect for far too long.
“Rather than work to better protect residents and their families, these corporate nursing homes filed a lawsuit in a last-ditch effort to hang on to forced arbitration,” she said.
“Ironically, the nursing home industry is using a lawsuit to try to deprive residents and their families of that same right.”
CMS said it could not comment on the pending litigation.
In a blog post last month, the agency said the rules do not prohibit facilities and residents from using arbitration on a voluntary basis, so long as the agreement is clearly explained to residents.
The ban on pre-dispute arbitration was only one provision in a host of new standards for long-term care facilities mapped out in the final rule.
The rules are expected to cost facilities about $831 million in the first year and $736 million a year after that. Individual facilities will spend an estimated $62,900 complying with the rule in the first year.
AHCA’s complaint asks the court to temporarily block the rule from taking effect while it’s under litigation.
Full Article & Source:
Nursing homes challenge new rule giving residents right to sue
Starting Nov. 28, nursing homes that accept Medicare and/or Medicaid funds will be banned from using pre-dispute arbitration clauses in resident contracts. The policy is being enacted under new rules from the Centers for Medicaid and Medicare services (CMS).
The arbitration language — often slipped into the fine print — forces residents to settle disputes privately with an arbitrator rather than through the courts.
In a lawsuit filed this week, the American Health Care Association and four other state and local health care groups argue CMS and the Department of Health and Human Services overstepped their authority in issuing the rule.
“Neither the Medicare Act nor the Medicaid Act says anything at all about arbitration agreements or alternative dispute resolution — let alone authorizes HHS or CMS to prohibit use of those agreements entirely,” the group said in it’s complaint.
AHCA said Congress has repeatedly rejected legislation to amend the Federal Arbitration Act and invalidate arbitration agreements between nursing home facilities and their residents.
“We are taking this step to stop what is a clear overreach by CMS. Federal law plainly prohibits CMS from issuing this arbitration regulation,” AHCA’s President and CEO Mark Parkinson said in a statement this week.
“The merits of allowing individuals in our centers and their families this legal remedy are clear: study after study shows that arbitration is fair and speeds judgments in a cost-effective manner that benefits those injured more than anyone else.”
Others argue arbitration is needed to ensure settlements are reasonable.
Harry Nelson, a Los Angeles health care attorney and founding partner of Nelson Hardiman LLP, said juries almost always favor the patient over the facility in cases involving nursing homes.
“Everyone can relate to elderly people,” he said. “We all have parents and grandparents and feel awful when things happen, so jury selection can be very difficult.”
He said facilities end up paying 30 percent to 35 percent more when a court settles an injury claim, even when the facility isn’t necessarily to blame.
While arbitration may be the cheaper option, patient advocates say the system is one-sided.
Lori Smetanka, executive director of The National Consumer Voice for Quality Long-Term Care, said the clauses give facilities the power to set the terms and choose the arbitrator.
“Often times arbitration is not done in person, it’s done over the phone, which is really challenging for the residents or family members and there’s not an opportunity to appeal the decision of the arbitrator,” she said. “There’s no other recourse then for the family members.”
Smetanka claims the rule is needed to protect residents when they are at their most vulnerable.
“When a resident goes into a nursing home it is a very stressful and emotional time and usually the selection of a facility is done very quickly,” she said.
“There’s a lot of emotions … then to go in and be handed a big admissions packet that includes arbitration clauses, families are not in a position to understand the weight of what they are signing away.“
In a statement, American Association for Justice President Julie Braman Kane said the nursing home industry has used forced arbitration clauses to cover up abuse and neglect for far too long.
“Rather than work to better protect residents and their families, these corporate nursing homes filed a lawsuit in a last-ditch effort to hang on to forced arbitration,” she said.
“Ironically, the nursing home industry is using a lawsuit to try to deprive residents and their families of that same right.”
CMS said it could not comment on the pending litigation.
In a blog post last month, the agency said the rules do not prohibit facilities and residents from using arbitration on a voluntary basis, so long as the agreement is clearly explained to residents.
The ban on pre-dispute arbitration was only one provision in a host of new standards for long-term care facilities mapped out in the final rule.
The rules are expected to cost facilities about $831 million in the first year and $736 million a year after that. Individual facilities will spend an estimated $62,900 complying with the rule in the first year.
AHCA’s complaint asks the court to temporarily block the rule from taking effect while it’s under litigation.
Full Article & Source:
Nursing homes challenge new rule giving residents right to sue
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