News & Analysis as of

Nursing Homes Binding Arbitration

Shumaker, Loop & Kendrick, LLP

New Nursing Home Regulations are on the Horizon

On February 28, President Biden announced that the Department of Health and Human Services (HHS) will be issuing new regulations for nursing homes. HHS will be issuing regulations through the Centers for Medicare & Medicaid...more

Robinson+Cole Health Law Diagnosis

CMS Issues Final Rule Restricting Arbitration Agreements with Long Term Care Facilities

On July 18, 2019, the Centers for Medicare & Medicaid Services (CMS) published a Final Rule establishing requirements for arbitration agreements between long-term care (LTC) facilities and their residents. The Final Rule...more

Arnall Golden Gregory LLP

CMS Finalizes Rules on Nursing Home Arbitration Agreements

The uncertainty surrounding the use of arbitration agreements in nursing homes has finally ended—at least for now. On July 16, 2019, CMS released its long-awaited final rule, which updates the requirements nursing homes must...more

Arnall Golden Gregory LLP

The Future of CMS’s Appeal of the Injunction Halting the Nursing Home Arbitration Ban

Due to the November 7, 2016, Mississippi district court order granting an injunction against the Centers for Medicare and Medicaid Services (CMS) ban on pre-dispute arbitration agreements in long-term care, nursing homes can...more

King & Spalding

Federal Judge Blocks CMS Rule Banning Arbitration In Nursing Home Disputes

King & Spalding on

In September, CMS announced a final rule that bans pre-dispute binding arbitration agreements related to care received in long-term care facilities. Among other things, the rule preserves the right of patients and their...more

Cadwalader, Wickersham & Taft LLP

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

Ballard Spahr LLP

Federal Court Enjoins U.S. Agency’s Nursing Home Arbitration Agreement Ban

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The Centers for Medicare and Medicaid Services (CMS), an agency within the U.S. Health and Human Services Department, recently issued a final rule prohibiting nursing homes and other long-term care facilities from utilizing...more

Ruder Ware

CMS Releases the First Comprehensive Overhaul of Nursing Home Conditions of Participation in Over 25 Years

Ruder Ware on

On October 4, 2016, the Center for Medicare and Medicaid Services (CMS) published a final rule to revise the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. CMS...more

Cadwalader, Wickersham & Taft LLP

In Final Rule, CMS Acts to Bar Pre-Dispute Binding Arbitration Agreements With Nursing Home Residents Effective November 28, 2016

On September 28, 2016, the federal Centers for Medicare and Medicaid Services (“CMS”) issued its long-awaited final rule that, among other things, prohibits skilled nursing facilities (“SNFs”) and nursing facilities (“NFs”)...more

Ballard Spahr LLP

U.S. Agency Prohibits Nursing Home Arbitration Agreements

Ballard Spahr LLP on

The Centers for Medicare and Medicaid Services (CMS), an agency within the U.S. Health and Human Services Department, has issued a final rule that includes prohibiting nursing homes and other long-term care facilities from...more

Williams Mullen

CMS Releases Nursing Facility Mega-Rule

Williams Mullen on

The Centers for Medicare and Medicaid (“CMS”) this week released its long-awaited nursing facility “Mega-Rule,” the most comprehensive revision of CMS’s requirements for nursing homes since 1991. CMS said that the new...more

Cozen O'Connor

Does Arbitration Belong in the Nursing Home World?

Cozen O'Connor on

As part of admission into a nursing home, a facility typically requires prospective residents to agree to binding arbitration. Arbitrating disputes generally allows nursing facilities to handle disputes without incurring the...more

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