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

Reminder on New Title VI Coordinator Mandate: Compliance Considerations for NYS Higher Education Institutions

Alerts

Start Your Engines: Federal Protection for Branding May Finally Be Within Reach for Some Medical Marijuana Products

Alerts

New York State Historic Tax Credit Transfer Program – Guidelines Released

Alerts

Second Circuit to NYS Court of Appeals: You Decide Which Revival Window Applies

Alerts

Federal Judge Pauses Suite of Trump Administration Policies Restricting Solar and Wind Development

Alerts

New York State Board of Pharmacy to Require Individual Pharmacist Licensure for Shared Pharmacy Services