CMS proposes to remove a ban on pre-dispute arbitration agreements at long-term care facilities

By Yvonne Puig (US) and Mark Faccenda (US) on June 7, 2017 Posted in Regulatory

On June 5, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule to revise requirements established by the Reform of Requirements for Long-Term Care Facilities final rule (2016 Final Rule). Specifically, the proposed rule would remove regulations prohibiting long-term care facilities from entering into pre-dispute arbitration agreements with residents or their … Continue reading

U.S. Supreme Court to consider case involving pre-admission arbitration agreements

By Yvonne Puig (US) and Mark Faccenda (US) on November 1, 2016 Posted in Regulatory

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 … Continue reading

CMS final rule promotes post-dispute arbitration, giving residents more bargaining power

By Yvonne Puig (US) and Mark Faccenda (US) on October 10, 2016 Posted in Regulatory

On October 4, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule that implements sweeping changes to the requirements long-term care facilities (“LTCs”) must meet to participate in the Medicare and Medicaid programs. These new and modified requirements offer heightened protections for residents. Most notably, the final rule prohibits Medicare and … Continue reading