K&L Gates Triage: Reading the Fine Print: A Closer Look at the Proposed Regulation over Arbitration Clauses in Long-Term Care Resident Agreements

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This episode discusses CMS’ policy shift regarding binding pre-arbitration dispute clauses in long-term care resident agreements over the course of the past year. CMS’ current proposal reverses the ban on binding pre-dispute arbitration agreements and allows such agreements with residents when certain conditions are met (e.g. agreement is described in plain language, acknowledged by the resident, available for inspection by CMS, and disclosed through a notice posted in an area visible to residents and visitors). This episode outlines See more +
This episode discusses CMS’ policy shift regarding binding pre-arbitration dispute clauses in long-term care resident agreements over the course of the past year. CMS’ current proposal reverses the ban on binding pre-dispute arbitration agreements and allows such agreements with residents when certain conditions are met (e.g. agreement is described in plain language, acknowledged by the resident, available for inspection by CMS, and disclosed through a notice posted in an area visible to residents and visitors). This episode outlines these conditions and discusses the implications for providers.

Triage: Rapid Legal Lessons for Busy Health Care Professionals has been created by K&L Gates to convey information about developments in health law through short, five to ten minute podcasts. Catch-up on past episodes by visiting our Triage program page (http://healthcare-triage.klgates-media.libsynpro.com) or subscribe to Triage via your favorite podcast app to have our episodes delivered directly to you as they become available. See less -

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