Ask ECRI: CMS's Recent Revision of 42 CFR § 483.70 on Arbitration Agreements

November 14, 2019 | Aging Services Risk, Quality, & Safety Guidance

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A member recently asked for guidance regarding translation and format of arbitration agreements in light of the recent CMS ruling: Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements for skilled nursing facilities (SNFs). ECRI reviewed the final rule and considered common risk management practices in making the following recommendations.

The new requirements of the final rule appear at 42 CFR § 483.70(n).

Alleged problems with an organization's compliance with CMS regulations are resolved through surveys and administrative law processes, such as administrative law judge hearings and appeals to the U.S. Department of Health and Human Services' Departmental Appeals Board. These entities would be looking at whether the organization complied with...

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