CMS Issues Final Rule Easing Restrictions On Arbitration Agreements In Long Term Care Setting
August 27, 2019
The Centers for Medicare & Medicaid Services (CMS) published a Final Rule on July 18, 2019 that repealed a prior rule prohibiting Long-Term Care (LTC) facilities from using pre-dispute, binding arbitration agreements. LTC facilities that choose to utilize arbitration agreements must adhere to certain requirements, including:
In publishing the Final Rule, CMS expressed its objective of strengthening the transparency of arbitration agreements and the arbitration process between LTC facilities and residents. Further, CMS has sought to better inform residents about their legal rights within LTC facilities, while addressing the need for LTC facilities to be efficient and cost-effective. The regulations that promulgate the Final Rule will be effective September 16, 2019.
If you or your organization has questions regarding the Final Rule, binding arbitration agreements, or general long-term care related questions, please contact Marc T. Quigley, Alexandria M. Foster, or any other Krieg DeVault attorney in the Health Care or Litigation Practice Groups.
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