News & Analysis as of

Healthcare Arbitration Agreements

Sheppard Mullin Richter & Hampton LLP

Looking Ahead: New California Employment Laws for 2024

In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....more

Carlton Fields

Tennessee Supreme Court Permits Consideration of Extrinsic Evidence in Dispute About Capacity to Enter Power of Attorney Used to...

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The Supreme Court of Tennessee has approved a trial court’s consideration of extrinsic evidence regarding whether an individual with Down syndrome had the capacity to execute a durable power of attorney that his brother used...more

Epstein Becker & Green

District Court Confirms Application of Federal Arbitration Act to No Surprises Act Arbitrations

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Recently, a federal judge in New Jersey confirmed an arbitration award in favor of an insurer resulting from the independent dispute resolution (“IDR”) process created under the No Surprises Act. This is one of the first...more

Carlton Fields

First Circuit Affirms Denial of Vacatur of Arbitration Award, Rejects Arguments That Parties Opted Out of FAA and Arbitrator Erred

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The First Circuit recently denied an appeal from the District of Puerto Rico’s refusal to vacate an arbitration award. The dispute centered on a management services agreement containing an arbitration agreement that required...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Looking Back to Look Forward: Healthcare Developments in Labor and Employment Law

The year 2018 was a busy one for healthcare employers. Below are some of the key developments from 2018 and issues that employers should be on the lookout for in 2019. Pay Equity - Pay disparity between male and female...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

Polsinelli

Catching Up With the Times: CMS Reforms Long-Term Care Facility Requirements - Part II

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Following CMS publishing the biggest overhaul to federal long-term care regulations in 25 years, affected facilities must take steps to ensure they are prepared for the pending changes. On Oct. 4, CMS published the...more

Holland & Knight LLP

Ten Things to Know About the CMS Long-Term Care Requirements Final Rule

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Deadlines are looming to come into compliance with sweeping changes to the Centers for Medicare & Medicaid Services (CMS) requirements for long-term care facilities (LTC) participating in Medicare and Medicaid. The CMS final...more

Polsinelli

Catching Up With the Times: CMS Reforms Long-Term Care Facility Requirements - Part I

Polsinelli on

On Oct. 4, CMS published the biggest overhaul to federal long-term care regulations since 1991. The lengthy Final Rule reforms the requirements for long-term care facilities participating in Medicare and Medicaid. 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

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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

Lowndes

CMS Proposes Restrictions on Arbitration Provisions in Nursing Home Resident Agreements

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The use of a binding arbitration provision in the pre-admission agreement between a senior living facility and its resident has become quite common. If properly drafted and presented to the resident or his or her...more

Baker Donelson

What Happens to LTC Arbitration Agreements if the Proposed CMS Rules are Implemented?

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By now, most industry members are aware that Centers for Medicare and Medicaid Services (CMS) recently published a proposed set of new rules for regulating long term care (LTC) facilities. During the review period, CMS...more

Proskauer - California Employment Law

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Nexsen Pruet, PLLC

Health Care Arbitration Agreements: Five Ways to Improve Enforceability

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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

Polsinelli

Impending Deadline: CMS Issues Proposed Rule Reform for Long Term Care Facilities – Part 3 of 4

Polsinelli on

On July 16, 2015, the Federal Register published Centers for Medicare and Medicaid Services’ (CMS) proposed rule to reform the requirements for Long Term Care Facilities participating in Medicare and Medicaid. CMS will be...more

Baker Donelson

Beware! Long Term Care Class Actions are Coming

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Long term care providers beware, class action suits are coming. Due to allegations of chronic understaffing, long term care providers are beginning to face massive class action lawsuits nationwide. The trend began in 2010,...more

JD Supra Perspectives

10 Popular Reads Covering Latest European Union Developments

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Recap of popular updates covering latest developments in the European Union....more

Fisher Phillips

Healthcare Update - November 2012, No. 4

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In This Issue: - NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland): The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more

Fisher Phillips

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

Fisher Phillips on

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

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