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H.R.6351 - Fairness in Nursing Home Arbitration Act of 2012
To amend chapter 1 of title 9 of United States Code with respect to arbitration.
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Ms. LINDA T. SANCHEZ of California (for herself, Mr. CONYERS, Mr. CARSON of Indiana, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. AMENDMENTS.
‘Sec. 17. Validity and enforceability
‘(i) makes available to adult residents supportive services to assist the residents in carrying out activities such as bathing, dressing, eating, getting in and out of bed or chairs, walking, going outdoors, using the toilet, or obtaining or taking medication; andCommentsClose CommentsPermalink
‘(ii) provides a dwelling place (which may contain a full kitchen and bathroom) for residents in order to deliver supportive services described in clause (i), that includes common rooms and other facilities appropriate for the provision of such services to residents of the facility;CommentsClose CommentsPermalink
but excludes a facility, or portion of a facility, that either does not provide the services described in clause (i) or has as its primary purpose to educate or to treat substance abuse problems.CommentsClose CommentsPermalink
‘(2) PRE-DISPUTE ARBITRATION AGREEMENT- The term ‘pre-dispute arbitration agreement’ means any agreement to arbitrate a dispute that arises after such agreement is made.CommentsClose CommentsPermalink
‘(b) Invalidity of Pre-Dispute Arbitration Agreements- A pre-dispute arbitration agreement between a long-term care facility and a resident of such facility (or person acting on behalf of such resident, including a person with financial responsibility for such resident) shall not be valid or specifically enforceable.CommentsClose CommentsPermalink
‘(c) Application to Agreements- This section shall apply to any pre-dispute arbitration agreement between a long-term care facility and a resident of such facility (or a person acting on behalf of such a resident, including a person with financial responsibility for such resident), and shall apply to a pre-dispute arbitration agreement entered into either at any time during the admission process or at any time after the admission process.CommentsClose CommentsPermalink
‘(d) Application of Federal Law- A determination as to whether this chapter applies to an arbitration agreement described in this section shall be determined under Federal law. Except as otherwise provided in this chapter, the validity or enforceability of such agreement shall be determined by the court, rather than the arbitrator, irrespective of whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement.’.CommentsClose CommentsPermalink
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(b) Application of Amendments- The amendments made by this Act shall apply with respect to agreements made, amended, altered, modified, renewed, or extended on or after the date of the enactment of this Act.CommentsClose CommentsPermalink