Alternative Dispute Resolution (ADR) Health Civil Remedies

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Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes

The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”)...more

Mississippi District Court Halts Implementation of New CMS Rule Banning Use of Arbitration Agreements in Long-Term Care Facilities

Anyone familiar with long-term care litigation knows that the number of disputes regarding the use and enforcement of arbitration agreements in the context of assisted living/nursing home admissions has risen sharply over the...more

Federal Court Blocks CMS Ban on Pre-Dispute Nursing Home Arbitration Agreements Pending Legal Challenge: What the Ruling Means for...

Earlier this week, a federal court enjoined the federal Centers for Medicare and Medicaid Services (“CMS”) from enforcing a rule, promulgated on September 28, 2016, which barred pre-dispute arbitration agreements between...more

U.S. Supreme Court to Weigh In On the Use of Nursing Home Arbitration Agreements

In yet another recent legal development regarding the use of arbitration agreements by nursing home owners and operators in connection with nursing home claims by residents against the nursing home, the United States Supreme...more

AHCA Sues to Enjoin Prohibition on Binding Arbitration

On October 4, 2016 CMS issued its Final Rule entitled “Reform of Requirements for Long Term Care Facilities” which updates the requirements for all SNFs and NFs participating in Medicare and Medicaid. Many of the changes...more

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes...

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home. ...more

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in...more

Health Care Arbitration Agreements: Five Ways to Improve Enforceability

Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or...more

Fenwick Employment Brief - February 10, 2010

IN THIS ISSUE: *Account Executives Not Exempt Administrators Under California Law *No “Grossly Inflated” Attorneys’ Fees on $11,500 Retaliation Verdict *News Bites ..Arbitration Agreement with Discovery Limitation...more

Antitrust & Trade Regulation Briefing By Robert K.Taylor

IN THIS ISSUE: *Arbitration Clause May Not Prohibit Antitrust Class Actions Or Treble Damages; Limits On Discovery Allowed *Lawsuit Over Driving Up Rivals’ Costs Goes To Supreme Court *Supreme Court To Consider Stricter...more

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