HomeLatest NewsFederal NewsCMS prepping to roll back nursing home arbitration ban

CMS prepping to roll back nursing home arbitration ban

Centers of Medicare and Medicaid (CMS) is getting ready to issue their final rule to repeal the previous administration’s rule banning arbitration between nursing homes and their residents or families. The new rule will allow facilities to require residents or their families to sign agreements prior to disputes. Facilities will be able to settle complaints through arbitration rather than litigation and ultimately reduce lengthy legal battles and put the focus on the quality of care instead of legal costs.

The Obama administration, through CMS in late 2016, attempted to ban arbitration by issuing a rule which banned the arbitration agreements practice in nursing homes facilities which care for Medicare and Medicaid patients. The agency cited, “significant evidence the arbitration agreements have a deleterious impact on the quality of care.” The American Health Care Association sued the administration in November 2016 requesting a preliminary injunction blocking the rule.

It is important to note, the court never issued an opinion on this court case; the Trump administration requested a stay in the legal action after CMS issued a new proposal in June 2017 to begin the process of reversing the planned ban on arbitration agreements. In June 2017, CMS stated, “an outright prohibition of arbitration agreements would significantly increase the cost of care, and would require facilities to divert scarce resources from the care of their residents to the defense of expensive litigation.”​


Stay Connected

Unified Voice Newsletter

Events This Month


26sep11:00 am12:00 pmFall Prevention: Keeping our older patients Standing StrongSDAHO Webinar

26sep12:00 pm1:00 pmApprenticeships: Build Your Team and Strengthen the Aging Services Workforce

27sep12:00 pm1:00 pmAchieving Sustained Reduction in Blood Culture ContaminationAHA Webinar

27sepAll Day28SD Rural Health Equity SummitWest River AHEC

28sep12:00 pm1:30 pmGrievance and Complaints: Ensuring Hospitals Compliance with the CMS COPs, Joint Commission, DNV Standards and OCRSDAHO Webinar

By submitting this form, you are consenting to receive marketing emails from: . You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact