Nursing Home Disputes, Long Term Care and Arbitration

Nursing Home Disputes, Long Term Care and Arbitration

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July 18 2019

New Rule Once Again Allows Nursing Home Arbitration Agreements

4120-01-P] DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 483 [CMS-3342-F] RIN 0938-AT18 Medicare and Medicaid Programs; Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule. SUMMARY: This final rule amends the requirements that Long-Term Care (LTC) facilities must meet to participate in the Medicare and Medicaid programs. Specifically, we are repealing the prohibition on the use of pre-dispute, binding arbitration agreements. We are also strengthening the transparency of arbitration agreements and arbitration in LTC facilities. This final rule supports residents’ rights to make informed choices about important aspects of their health care. DATES: These regulations are effective on [insert date 60 days after the date of publication in the Federal Register].

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