I 
110TH CONGRESS 
2D SESSION 
H. R. 6126 
To amend chapter 1 of title 9 of United States Code with respect to 
arbitration. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2008 
Ms. LINDA T. SA´NCHEZ of California (for herself, Ms. ROS-LEHTINEN, Mr. 
CONYERS, Mr. JOHNSON
of Georgia, Mr. KUCINICH, and Mr. 
DELAHUNT) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To amend chapter 1 of title 9 of United States Code with 
respect to arbitration. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness in Nursing 
Home Arbitration Act of 2008’’. 
SEC. 2. AMENDMENTS. 
(a) ARBITRATION OF CERTAIN CONTROVERSIES.— 
Chapter 1 of title 9, United States Code, is amended by 
adding at the end the following: 
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‘‘§ 17. Validity and enforceability 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) LONG-TERM
CARE
FACILITY.—The term 
‘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, or obtaining or taking medica-
tion; and 
‘‘(ii) provides a dwelling place (which 
may contain a full kitchen and bathroom) 
for residents in order to deliver supportive 
services described in clause (i), that in-
cludes common rooms and other facilities 
appropriate for the provision of such serv-
ices to residents of the facility; 
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but excludes a facility, or portion of a facility, 
that either does not provide the services de-
scribed in clause (i) or has as its primary pur-
pose to educate or to treat substance abuse 
problems. 
‘‘(2) 
PRE-DISPUTE
ARBITRATION
AGREE-
MENT.—The term ‘pre-dispute arbitration agree-
ment’ means any agreement to arbitrate a dispute 
that arises after such agreement is made. 
‘‘(b) INVALIDITY
OF PRE-DISPUTE ARBITRATION 
AGREEMENTS.—A pre-dispute arbitration agreement be-
tween a long-term care facility and a resident of such facil-
ity (or person acting on behalf of such resident, including 
a person with financial responsibility for such resident) 
shall not be valid or specifically enforceable. 
‘‘(c) APPLICATION TO AGREEMENTS.—This section 
shall apply to any pre-dispute arbitration agreement be-
tween a long-term care facility and a resident of such facil-
ity (or a person acting on behalf of such a resident, includ-
ing a person with financial responsibility for such resi-
dent), and shall apply to a pre-dispute arbitration agree-
ment entered into either at any time during the admission 
process or at any time after the admission process. 
‘‘(d) APPLICATION OF FEDERAL LAW.—A determina-
tion as to whether this chapter applies to an arbitration 
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agreement described in this section shall be determined 
under Federal law. Except as otherwise provided in this 
chapter, the validity or enforceability of such agreement 
shall be determined by the court, rather than the arbi-
trator, irrespective of whether the party opposing arbitra-
tion challenges such agreement specifically or in conjunc-
tion with any other term of the contract containing such 
agreement.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions in chapter 1 of title 9, United States Code, is amend-
ed by adding at the end the following: 
‘‘17. Validity and enforcement.’’. 
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this 
Act shall take effect on the date of the enactment of this 
Act. 
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this Act shall apply with respect to agree-
ments made, amended, altered, modified, renewed, or ex-
tended on or after the date of the enactment of this Act. 
Æ 
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