Schedule Your Free Consultation
Toll-free: 866-456-6423
Local: 916-677-4979
Rosenthal & Kreeger LLP
  • More Than 25 Years Experience
  • Excellence
  • Compassion
  • Integrity
Practice Areas

Boxed in by mandatory nursing home documents

Nursing home residents who suffer abuse or negligence are objecting to a new rule that they believe limit their options. Nursing home residents and their families are up in arms over the new requirement.

The current administration, according to an NPR report, has proposed rolling back protections established in recent years. When these changes are implemented, nursing home residents and family members will find their right to sue nursing homes curtailed.

A tall stack of papers to sign

When a new resident enters a nursing home, they are asked to sign a stack of papers, one of which reduces the nursing home's exposure to lawsuits.

Opponents of the rule point out that people are often in no condition to go over this stack of papers with a fine-tooth comb. Many new entrants are emotionally demoralized, feeling trauma or deep grief. Some are demented. Others are on drugs and medicines that keep them from managing these documents.

But signing the documents remains mandatory if they are to be admitted. They may be only vaguely aware of the contents of the documents to which they must affix their signatures or be denied admission to the facilities.

This document constitutes an effective waiver of liability for the nursing home, forcing them into arbitration rather than filing a lawsuit. Arbitration has a history of working to the advantage of well-heeled defendants. Lawsuits have much greater leverage to obtain meaningful compensation.

The administration's version of transparency

The Trump administration, urged on by the U.S. Chamber of Commerce, seeks to change the rules on signing this stack of papers. The rule calls for the waivers to be written in plain English, so anyone can understand them. That sounds fair, except that signing remains mandatory. If you refuse to sign, they deny you entry into the facility.

The question is: How does "plain English" help you if are still under duress to agree to signing?

Read the full story at the NPR site. And if you or a loved one find yourself caught between "plain English" and a mandatory waiver, write your congress person - and talk to a knowledgeable lawyer.

No Comments

Leave a comment
Comment Information
Success Stories
  • Avvo Clients Choice
  • Avvo Rating 10.0 Superb Top Attorneys
  • Million Dollar Advocates Forum
  • Peer Review Rated
  • American Association for Justice
  • Consumer Attorneys California

EnvelopFind Out How we can help you

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

2251 Douglas Blvd., Suite 120
Roseville, CA 95661

Toll Free: 866-456-6423
Phone: 916-677-4979
Fax: 916-774-7203
Roseville Law Office Map

1903 21st Street
Sacramento, CA 95811

Toll Free: 866-456-6423
Phone: 916-677-4979
Phone: 916-229-6744
Fax: 916-774-7203
Sacramento Law Office Map