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Ban on Mandatory Arbitration in Nursing Home Contracts May Finally be Dead

Posted in Hospitals and Institutions, Legislation and Public Policy, Litigation, Medicare and Medicaid, State Matters

On June 8, the Centers for Medicare & Medicaid Services published a proposed rule which, among other things, rescinds a provision in a final rule enacted in November 2015 (previously discussed here) that prohibits nursing homes from forcing patients and their families to sign binding arbitration agreements as a condition of admission.

The controversial original rule had been placed on hold due to litigation, as discussed here. The new proposed rule imposes new transparency requirements for nursing home arbitration agreements, but does not prohibit them.

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