1.This Act may be cited as
the Fairness in Nursing Home
Arbitration Act
.
2.Section 1 of title 9, United States Code, is
amended—
(1)by striking the
section heading and inserting the following:
;
(2)by inserting
before the first beginning quotation mark, the following: (a) As used in
this chapter, the term (1)
;
(3)by striking
Maritime
and inserting maritime
;
(4)by striking
jurisdiction;
and inserting jurisdiction; (2)
;
and
(5)by striking the
period and inserting the following: “; (3) ‘long-term care facility’
means—
(A)any skilled nursing facility, as
defined in 1819(a) of the Social Security Act;
(B)any nursing facility as defined in
1919(a) of the Social Security Act; or
(C)a public facility, proprietary
facility, or facility of a private nonprofit corporation that—
(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, obtaining or taking medication, and which may make
available to residents home health care services, such as nursing and therapy;
and
(ii)provides a dwelling place for
residents in order to deliver such supportive services referred to in clause
(i), each of which may contain a full kitchen and bathroom, and which includes
common rooms and other facilities appropriate for the provision of supportive
services to the residents of the facility; and
(4)pre-dispute arbitration
agreement means any agreement to arbitrate disputes that had not yet
arisen at the time of the making of the agreement.
(b)The definition of
long-term care facility
in subsection (a)(3) shall not apply to
any facility or portion of facility that—
(1)does not provide
the services described in subsection (a)(3)(C)(i); or
(2)has as its
primary purpose, to educate or to treat substance abuse
problems.
.
3.Section 2 of title
9, United States Code, is amended—
(1)by striking the
section heading and inserting the following:
2.Validity and
enforceability
;
(2)by striking
A written
and inserting (a) A Written
;
(3)by striking
, save
and all that follows through contract
, and
inserting to the same extent as contracts generally, except as otherwise
provided in this title
; and
(4)by adding at the
end the following:
(b)A pre-dispute
arbitration agreement between a long-term care facility and a resident of a
long-term care facility (or anyone acting on behalf of such a resident,
including a person with financial responsibility for that resident) shall not
be valid or specifically enforceable.
(c)This section
shall apply to any pre-dispute arbitration agreement between a long-term care
facility and a resident (or anyone acting on behalf of such a resident), and
shall apply to a pre-dispute arbitration agreement entered into either at any
time during the admission process or at any time thereafter.
(d)A determination
as to whether this chapter applies to an arbitration agreement described in
subsection (b) shall be determined by Federal law. Except as otherwise provided
in this chapter, the validity or enforceability of such an agreement to
arbitrate shall be determined by the court, rather than the arbitrator,
irrespective of whether the party resisting the arbitration challenges the
arbitration agreement specifically or in conjunction with other terms of the
contract containing such
agreement.
.
4.This Act, and the
amendments made by this Act, shall take effect on the date of the enactment of
this Act and shall apply with respect to any dispute or claim that arises on or
after such date.
October 1 (legislative day, September 17),
2008
Reported without amendment