Sen. Dick Durbin (D-IL) recently joined Sen. Al Franken (D-MN) and a coalition of other senators in calling on the Centers for Medicare and Medicaid Services (CMS) to prohibit the use of unfair pre-dispute arbitration clauses in contracts with long-term care facilities, such as nursing homes.

“The decision to admit yourself or a loved one to a long-term care facility can be difficult,” the senators wrote in a letter to CMS acting Administrator Andy Slavitt. “All too often, only after a resident has suffered an injury or death, do families truly understand the impact of the arbitration agreement they have already signed … we strongly urge CMS to fully protect residents and their families by banning pre-dispute arbitration clauses in long-term care facility contracts.”

Such clauses make it more difficult for victims to seek fair redress after they’ve been wronged. At the moment, CMS is taking steps to reform its requirements for long-term care facilities participating in Medicare and Medicaid.

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