Final Rule to Prohibit Predispute Binding Arbitration Agreements in Long-Term Care

October 7, 2016 | Aging Services Risk, Quality, & Safety Guidance

Preview

​Prohibition of predispute binding arbitration agreements in long-term care facilities is among the revisions in a final rule that "will make major changes to improve the care and safety" of long-term care residents issued by the Centers for Medicare and Medicaid Services (CMS) on October 4, 2016, according to a September 28, 2016, CMS press release. Under the rule, the first major rewrite to conditions of participation for long-term care facilities since 1991, nursing homes that receive federal funding may not enter into agreements for binding arbitration with residents or their representatives before a dispute arises between the parties. However, arbitration may still be used voluntarily at the time a dispute arises. The rule guarantees the right of residents and their legal representatives to seek legal redress through the court system, rather than in arbitration.

Access Full Content

Contact us today at 610.825.6000.