On October 28, 2016, the U.S. Supreme Court accepted review of a case involving the enforceability of pre-admission arbitration agreements. The case is brought by Kindred Nursing Centers, who filed a petition for writ of certiorari on July 1, 2016, challenging the Kentucky Supreme Court’s refusal to enforce the parties’ arbitration agreements on the basis that the attorneys-in-fact who signed the agreements lacked authority to enter into these agreements. The case is representative of the ongoing battle between nursing homes, residents and governmental authorities involving the enforceability of pre-admission and/or pre-dispute arbitration agreements. The Centers for Medicare & Medicaid Services (“CMS”) recently issued a final rule that prohibits Medicare and Medicaid participating long-term care (“LTC”) facilities from using pre-dispute arbitration agreements as a condition for participation in the Medicare and Medicaid program. This CMS final rule has already been challenged by several plaintiffs and LTC facility providers in court.