Gavin Gadberry Testifies Before Congress on Nursing Home Arbitration Agreements
Wednesday, June 11, 2008
On June 10, 2008, Underwood shareholder, Gavin Gadberry, testified before the U.S. House Judiciary Subcommittee on Commercial and Administrative Law. At issue was H.R. 6126, the "Fairness in Nursing Home Arbitration Act of 2008." Although the Subcommitte called upon three witnesses friendly to the proposed legislation, Gadberry was the lone witness called to provide testimony favorable to the long term care industry and in support of the use of arbitration agreements. Gadberry's attendence was requested in connection with his continuing service to the American Health Care Association and the National Center for Assisted Living.
Claiming that the Fairness in Nursing Home Arbitration Act of 2008 "needlessly discriminates against long term care providers and the patients and residents in our nation's nursing facilities and assisted living residences," the American Health Care Association and the National Center for Assisted Living (AHCA/NCAL) told the House Judiciary Subcommittee on Commercial and Administrative Law that pre-dispute arbitration agreements are a viable legal option for long term care consumers and providers, and their use should not be eliminated by passage of overzealous legislative remedies.
"Like the vast majority of Americans, AHCA/NCAL believes that legislative proposals to limit arbitration and undermine the Federal Arbitration Act (FAA) are bad public policy," testified Gadberry on behalf of the associations. "We strongly support the use of arbitration as a reasonable, intelligent option for both patients and providers to help assist in the resolution of legal disputes, and aggressively oppose efforts to diminish the use of arbitration by American businesses, especially those unfairly targeting long term care consumers and providers."
In his testimony, Gadberry remarked that the troubling anecdotes presented at today's hearing represent the exception instead of the rule within the long term care community. "AHCA/NCAL has been working diligently to change the debate regarding long term care to focus on quality...and has been actively engaged in a broad range of activities which seek to enhance the overall performance and excellence of the entire long term care sector," he continued.
