News & Analysis as of

Pre-Dispute Arbitration Centers for Medicare & Medicaid Services

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

by K&L Gates LLP on

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...more

CMS Proposes Rule to Reverse Pre-Dispute Binding Arbitration Ban

by Hinshaw & Culbertson LLP on

On June 8, 2017, the Centers for Medicare & Medicaid Services ("CMS") published a proposed rule that would remove the ban on pre-dispute arbitration agreements instituted in an extensive final rule (The Reform of Requirements...more

Has the CMS Done an About Face as it Relates to Arbitration?

by Steptoe & Johnson PLLC on

Has the Centers for Medicare & Medicaid Services (CMS) abandoned its previously adopted Final Rule prohibiting mandatory nursing home arbitration?  The recent decision by the CMS to forego its Fifth Circuit appeal of the...more

Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes

by Roetzel & Andress on

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

Court Enjoins CMS’s Ban on Arbitration Agreements

In the earlier publication CMS Final Rule Prohibits Pre-Dispute Arbitration Agreements at Long Term Care Facilities, we noted that the Centers for Medicare & Medicaid Services (CMS), an agency within the Health and Human...more

AHCA Sues to Enjoin Prohibition on Binding Arbitration

by Foley & Lardner LLP on

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

CMS Issues Sweeping Final Rule, Significantly Changing the Requirements for Long-Term Care Facilities Participating in the...

by Reed Smith on

On September 28, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a final rule comprehensively updating and extensively revising the requirements for participation (ROPs) for long-term care (LTC) facilities...more

Health Law Insights Newsletter - Issue 13

by McCarter & English, LLP on

McCarter & English, LLP’s Health Care Group presents Issue 13 of the Health Law Insights, which discusses the latest legal issues in the health care industry. - Failure to Update Business Associate Agreement Results in...more

CMS Issues Final Rule, Making it Easier to Sue Nursing Facilities

by Jackson Walker on

Beginning November 28, 2016, pre-dispute arbitration agreements will no longer be permissible for skilled nursing facilities and nursing facilities participating in the Medicare and Medicaid programs. 42 C.F.R. § 483.70(n). ...more

CMS Issues Final Rule Overhauling SNF/NF Requirements of Participation

The Centers for Medicare & Medicaid Services (CMS) issued a wholesale revision to the rules governing long term care (LTC) facilities on September 28, 2016. Prompted by the changing population of nursing homes which have...more

Long-Term Care Facilities: New Rule Imposes Significant Changes, including Bar on Pre-Dispute Arbitration Agreements

by Jackson Lewis P.C. on

Skilled nursing facilities participating in the Medicare program and nursing facilities in the Medicaid program are prohibited from including a mandatory pre-dispute arbitration clause in their contracts with individuals...more

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