An arbitration agreement is a contract that says all parties agree to resolve any disputes out of court, through a process called arbitration. In post-acute care, the regulations clearly state that an arbitration agreement cannot be buried or hidden, and it must be clearly reviewed/explained to the resident and/or their LEGAL representative. As with pretty much any regulations in post-acute …
Clarification of the revised arbitration rules for nursing homes continues to emerge after the proposed 2016 Final Rule was challenged in court. On June 29, 2022, the Quality, Safety, and Oversight Group at CMS issued a new memorandum focusing on surveyor guidance which included arbitration agreements. The memo stated that surveyors will begin using the guidance on October 24, 2022, …
Arbitration agreements are a hot topic in our industry. Many residents and their families may think of arbitration as waiving their right to a jury trial if there is a claim, but there are many benefits to them. In this podcast Christina Nechiporchik, Staff Attorney at HealthCap talks with Andrea DeLand, HealthCap Risk Manager and Manda Ayoub, Pomeroy Living’s COO …
After litigation and multiple comment periods from the public, the new CMS rule for arbitration agreements went into effect on September 16th. The rule only applies to arbitration agreements entered into on or after September 16th. Providers should take note of key requirements to ensure that their arbitration agreement will be enforceable. While it was a recommended best practice prior …
FACT SHEET FOR IMMEDIATE RELEASE June 5, 2017 Contact: CMS Media Relations (202) 690-6145 | CMS Media Inquiries CMS Issues Proposed Revision Requirements for Long-Term Care Facilities’ Arbitration Agreements The Centers for Medicare & Medicaid Services (CMS) issued proposed revisions to arbitration agreement requirements for long-term care facilities. These proposed revisions would help strengthen transparency in the arbitration process, …
