News & Analysis as of

Nursing Homes Long Term Care Facilities Arbitration

Segal McCambridge

Illinois Nursing Homes Beware of Termination at Death Clauses in Your Resident Contracts

Segal McCambridge on

The Illinois Supreme Court recently held that a nursing home could not use a resident contract to compel an arbitration after a resident’s death. Clanton v. Oakbrook Healthcare Centre, Ltd., et al., 2023 IL 129067. The...more

Miles Mediation & Arbitration

The Arbitration Dilemma Facing Both Parties in Nursing Home Cases

Often when a parent or other family member gets to a point where they cannot safely live at home and take care of themselves due to their age or to health problems, the family must decide if that person needs to go into a...more

Fisher Phillips

Web Exclusive - Still in Limbo - An Update On The Arbitration Ban For Nursing Home Residents

Fisher Phillips on

Pre-dispute arbitration agreements are commonly found in customer contracts and employment contracts, including in many nursing home agreements. For those unfamiliar, arbitration is an alternative dispute resolution method to...more

Steptoe & Johnson PLLC

CMS Removes Ban on Nursing Homes Arbitration Agreements

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On July 16, 2019, the Centers for Medicare & Medicaid Services (CMS) announced a final rule that lifted the ban on the use of pre-dispute, binding arbitration agreements by long term care facilities. Under the Obama...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

White and Williams LLP

CMS Issues Final Rule Repealing Prohibition on Nursing Home Arbitration Agreements

White and Williams LLP on

On July 16, 2019, the Centers for Medicare & Medicaid Services (CMS) issued a final rule, “Medicare and Medicaid Programs; Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements” (84 FR 34718) (2019...more

Tucker Arensberg, P.C.

CMS Rules To Allows Nursing Homes To Use Arbitration Agreements, But Adds Certain Requirements

Tucker Arensberg, P.C. on

After several years of debate and turmoil, late yesterday afternoon CMS issued a new Final Rule on the use of arbitration agreements by nursing homes.  History - In 2016, CMS issued a Final Rule applicable to all...more

King & Spalding

CMS Issues Proposed Rule Removing Ban On Arbitration Agreements In Nursing Home Disputes

King & Spalding on

CMS issued a final rule on October 4, 2016, prohibiting pre-dispute arbitration agreements between long-term care facilities and residents. As reported here, on November 7, 2016, a Federal judge issued a preliminary...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

Ballard Spahr LLP on

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

Arnall Golden Gregory LLP

Federal Court Blocks Nursing Home Arbitration Ban

In a heavily anticipated ruling with wide-ranging effects across the long-term care industry, a federal court in Mississippi on Monday blocked CMS’s ban on new pre-dispute arbitration agreements between residents and nursing...more

Melito & Adolfsen

The Empire Strikes Back – Nursing Homes Enjoin Government’s Rule Barring Arbitration Clauses in Agreements with Residents

Melito & Adolfsen on

The way to stop a runaway train is to push the brake. The way to stop a runaway horse is to pull the reins. The way to stop a runaway jury is to demand arbitration. This September, the Centers for Medicare & Medicaid...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

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