Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Blog Post

June 9, 2017

New Proposed Rules Allow Nursing Homes To Use Pre-Dispute Arbitration Agreements

On June 6, 2017, the Centers For Medicare and Medicaid Services (CMS) proposed a new rule allowing Nursing Homes to use pre-dispute arbitration agreements, including as a condition for admission. CMS had previously issued a ban on such agreements in November of last year. That ban never went into effect due to the issuance of a temporary injunction by a federal judge in Mississippi. The injunction was sought by nursing home advocates who successfully argued that CMS overstepped its authority in issuing the ban, and that the ban violated the Federal Arbitration Act (FAA). CMS initially appealed the issuance of the injunction but withdrew its appeal this past Friday.

CMS’s new rules still address arbitration agreements but in a more narrowly tailored way.

Read more by clicking here.

Featured Media

Alerts

National PBM Reforms Enacted in 2026: What Independent Pharmacies Need to Know

Alerts

Accessibility Lawsuits: Several "Tester" Plaintiffs—Alfred Trippett, Patrick Austin, Kai Hunte, and Jeffery Williams—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Prepare for Shake-Ups: New Amendments to NYC Safe and Sick Leave Law

Alerts

New York State Medicaid Intensifies Enforcement of Medicare Enrollment Requirements for Pharmacies

Alerts

NYS Hospitals Required to Meet New Workplace Violence Prevention Requirements

Alerts

US Department of Education Drops Appeal Against Federal Court Case Blocking Enforcement of Anti-DEI Directives