Abuse, sexual assault, or medical negligence perpetrated on a loved one by an extended care facility is every family’s worst nightmare. When residents of a nursing home or their families seek to remedy such mistreatment they are too often obstructed by binding mandatory arbitration agreements that force patients to bring their claims to an arbitration court where they are deprived of a jury trial. According to Public Citizen research, arbitration is often costlier for plaintiffs and the end result almost always favors business to the detriment of plaintiffs who are often elderly, infirm, or low-income. The Fairness in Nursing Home Arbitration Act makes invalid and unenforceable any pre-dispute arbitration agreement between long-term care facilities, such as nursing homes, and residents or their family members and guardians. The bill requires that a court, not an arbitrator, determine whether the Fairness in Nursing Home Arbitration Act applies to an arbitration agreement.