My husband was approved for two days a week at a day facility through the Veterans Administration, and after carefully researching the available facilities, we decided on IONA. I talked with two people there, and my initial positive impressions were strengthened. I was gratified and content that we'd found the perfect place to start his reorientation into society after his stroke.
Then we got the paperwork. Buried in the 15 attachments that were sent via email was a Waiver of Liability form. Signing this form means that you give up your right to sue IONA, even if you or your loved one is hurt through IONA's negligence. I find this unconscionable, and I am dismayed that the VA finds it acceptable to contract for veterans, who it is supposed to protect, with an organization that expects such a form to be signed.
By all accounts, IONA has a great reputation. Why does this organization want to assure itself of a free pass on the negligent actions of its employees? The employees themselves are also given a free pass on their own negligence in IONA's waiver.
I checked with three attorney friends of mine, and their reactions were similar to mine. Not one of them would sign such a form or allow a loved one to sign it. One friend had a similar experience with her father and went to another organization that did not require a participant or his/her care giver to sign such a thing. Such waivers are legal in both DC and Maryland, but not in Virginia, where such waivers are considered an affront to public policy. They should be considered so everywhere, but not in DC, not at the VA, and not at IONA. As one friend put it, "What if the people in that Silver Spring apartment house that blew up had signed such a thing?" read more