,i #aafth ,,congress #ast ,session ,h4 ,r4 #ecbf ,,in ,,the ,,house ,,of ,,representatives ,december #e1 #bjai,ms4 ,snchez 7for herself and ,ms4 ,schakowsky7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend titles ,,xviii and ,,xix of the ,social ,security ,act to prohibit skilled nursing facilities and nursing facilities from using pre-dispute arbitration agreements with respect to residents of those facilities under the ,medicare and ,medicaid programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fairness in ,nursing ,home ,arbitration ,act4 #b4 ,prohibiting pre-dispute arbitration agreements 7a7 ,medicare ,section #ahai7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;c77 is amended by adding at the end the following new paragraph3 7#g7 ,prohibition on use of pre-dispute arbitration agreements 7,a7 ,in general ,a skilled nursing facility may not require1 solicit1 accept1 or move to enforce a pre-dispute arbitration agreement from or on behalf of any resident1 whether the agreement is made before1 during1 or after the resident's admission to the facility4 7,b7 ,application ,this paragraph shall apply to the skilled nursing facility and to any other business or person providing or responsible for providing skilled nursing services to the resident4 7,c7 ,no validity or enforcement ,a pre-dispute arbitration agreement shall not be valid or specifically enforceable against a resident or former resident of a skilled nursing facility1 without regard to whether the agreement was made prior to or after the effective date of this paragraph4 7,d7 ,definition of pre-dispute arbitration agreement ,in this paragraph1 the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute when the dispute has arisen after such agreement has been made4 7,e7 ,judicial review ,a determination as to whether and how this paragraph applies to an arbitration agreement shall be determined under ,federal law by a court of competent jurisdiction1 rather than an arbitrator1 without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement4 4 7b7 ,medicaid 7#a7 ,home and community-based services and home health care services ,section #aiae of the ,social ,security ,act 7#db ,u4,s4,c4 #acifn7 is amended by adding at the end the following new subsection3 7m7 ,prohibiting pre-,dispute arbitration agreements 7#a7 ,in general ,for home and community-based services or home health care services provided under a waiver under this section1 section #aijb7;a77#aj77;,d71 or any other provision authorizing the provision of home and community-based services or home health care services under this title1 the provider of such services 7and any employee1 agent1 related entity1 or affiliate of such provider7 may not require1 solicit1 accept1 or move to enforce a pre-dispute arbitration agreement from or on behalf of any individual receiving such services1 whether the agreement is made before1 during1 or after the first date on which services are received4 ,a pre-dispute arbitration agreement between such a provider 7or entity or person7 and an individual receiving services 7or who formerly received services7 shall not be valid or enforceable1 without regard to whether such agreement was made prior to the effective date of this subsection4 7#b7 ,definition of pre-dispute arbitration agreement ,the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute when the dispute has arisen after such agreement has been made4 7#c7 ,judicial review ,a determination as to whether and how this subsection applies to an arbitration agreement shall be determined under ,federal law by a court of competent jurisdiction1 rather than an arbitrator1 without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement4 4 7#b7 ,nursing facilities ,section #aiai7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr7c77 is amended by adding at the end the following new paragraph3 7#i7 ,prohibition on use of pre-dispute arbitration agreements 7,a7 ,in general ,a nursing facility may not require1 solicit1 accept1 or move to enforce a pre-dispute arbitration agreement from or on behalf of any resident1 whether the agreement is made before1 during1 or after the resident's admission to the facility4 7,b7 ,application ,this paragraph shall apply to the nursing facility and to any other business or person providing or responsible for providing nursing services to the resident4 7,c7 ,no validity or enforcement ,a pre-dispute arbitration agreement shall not be valid or specifically enforceable against a resident or former resident of a nursing facility1 without regard to whether the agreement was made prior to or after the effective date of this paragraph4 7,d7 ,definition of pre-dispute arbitration agreement ,in this paragraph1 the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute when the dispute has arisen after such agreement has been made4 7,e7 ,judicial review ,a determination as to whether and how this paragraph applies to an arbitration agreement shall be determined under ,federal law by a court of competent jurisdiction1 rather than an arbitrator1 without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement4 4 #c4 ,effective date2 application of amendments ,this ,act1 and the amendments made by this ,act1 shall take effect on the date of the enactment of this ,act4