Drudge Retort: The Other Side of the News
Tuesday, June 13, 2017

Let's say your elderly parent was neglected or abused in a nursing home. In the past, your only recourse might have been arbitration, rather than going to court.

But thanks to a rule put in place last fall by the Centers for Medicare and Medicaid Services, nursing homes that receive federal funding -- which is most of them -- could no longer include so-called mandatory arbitration clauses in their contracts. In other words, residents and their family members were given back the right to sue.

Now the Trump administration is trying to get rid of that protection.

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Rob Weissman, president of the advocacy group Public Citizen, described the move to me as "a heartless and vile act."

"The Trump administration apparently thinks it is okay for nursing homes to force seniors into signing contract terms that give up their right to sue in court if they are subsequently victimized by neglect or abuse," he said. "It's hard to imagine a more callous policy."

Be that as it may, Pat McGinnis, executive director of California Advocates for Nursing Home Reform, said the proposed regulatory step backward is hardly a surprise.

"The nursing-home industry has lobbied very hard for this," she said.

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"a heartless and vile act."

What does one expect the heartless and vile to do?

#1 | Posted by Zed at 2017-06-13 11:50 AM | Reply

Birds fly, fish swim, Trump screws people over.
It's not complicated.

#2 | Posted by Doc_Sarvis at 2017-06-13 11:53 AM | Reply | Newsworthy 6

Trump and the GOP are vile filth protecting only the 1%.

#3 | Posted by 726 at 2017-06-13 02:42 PM | Reply

I have worked for the state regulating nursing homes for 18 years. I've never heard of this. I guess my state didn't allow mandatory arbitration. I've worked on complaints involved in lawsuits several times.

#4 | Posted by jamesgelliott at 2017-06-14 07:51 AM | Reply

Let me explain something about nursing home lawsuits.

Example:
Old Lady Johnson goes into a nursing home and lives for 3 years and is on medicaid. It costs the state about $6000/month to support Johnson. Let's assume she is abused and is awarded $100,000. Johnson doesn't get that money. She has to repay Medicaid so she ends up getting nothing.

If she gets awarded MORE money than is required to repay Medicaid, then she is no longer eligible for medicaid and would have to use those remaining funds to pay for her own nursing home care until her funds have been spent down to below the $2000 threshold that medicaid recipients are allowed to have.

If Johnson were dead at the time of the settlement, the money would go to her estate and Medicaid would still recoup their funds before any money goes to the family.

#5 | Posted by jamesgelliott at 2017-06-14 07:59 AM | Reply | Newsworthy 1

Let's assume she is abused and is awarded $100,000. Johnson doesn't get that money. She has to repay Medicaid so she ends up getting nothing.

So you are all for sticking the bill to the taxpayers and not holding the nursing home responsible for their malfeasance. Got it. Because that is what this will do.

#6 | Posted by 726 at 2017-06-14 10:57 AM | Reply

"Trump: Deny Nursing Home Patients, Families Right to Sue"

That change sounds mean and like a son-of-a-bi$ch, if you ask me.

#7 | Posted by Gal_Tuesday at 2017-06-14 11:01 AM | Reply

"So you are all for sticking the bill to the taxpayers and not holding the nursing home responsible for their malfeasance. Got it"

and you are all for reading into what he says and assigning that to him as his personal position.

He's telling you the way it works.....not the way he wants it to work. It's his profession.

#8 | Posted by eberly at 2017-06-14 11:03 AM | Reply

Sounds like some folks need to understand the way it's been handled with residents of nursing homes on Medicaid.

5

so, if I am understand this correctly, the nursing home is still held accountable but the beneficiaries of a settlement have to first "settle up" with Medicaid before they can truly have the proceeds from a settlement?

#9 | Posted by eberly at 2017-06-14 11:06 AM | Reply

"That change sounds mean and like a son-of-a-bi$ch, if you ask me."

Of course....and that's probably why it was written that way.

#10 | Posted by eberly at 2017-06-14 11:07 AM | Reply

"So you are all for sticking the bill to the taxpayers and not holding the nursing home responsible for their malfeasance. Got it. Because that is what this will do." - 726

Dude, your reading comprehension skills are a poor ad DANNIs. Can you show me where I said I supported or opposed the measure?

#11 | Posted by jamesgelliott at 2017-06-14 12:09 PM | Reply | Newsworthy 1

EBERLY, that is correct. Medicaid (rules vary from state to state) allow a person on Medicaid to keep their home, 1 car and less than $2000.

Before a person can qualify for Medicaid, they would have to sell off any assets outside of those exempted. So if they own additional property it has to be sold and the money spent on the individual. The property can't be gifted away and there is a 5 year look back period to ensure money is being hidden.

While Medicaid allows you to keep your home, they do place a lien against the property so that when the home is sold, Medicaid dollars are recouped. There is an exemption in the $50,000 range.

For example, a person has a 100K home and uses 100K in medicaid funds at the end of their life. When the house is sold only the money exempted (The 50K) goes to the family. Any money over 50K goes to the state to recoup those medicaid dollars.

#12 | Posted by jamesgelliott at 2017-06-14 12:15 PM | Reply

Wow; this ain't right.

#13 | Posted by fresno500 at 2017-06-14 11:38 PM | Reply

Dude, your reading comprehension skills are a poor ad DANNIs. Can you show me where I said I supported or opposed the measure?
#11 | POSTED BY JAMESGELLIOTT AT 2017-06-14 12:09 PM | REPLY | FLAG:

You're right. You have sat on the fence like a champ.

#14 | Posted by 726 at 2017-06-15 07:48 AM | Reply

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