Big News For Nursing Homes: Federal Government’s Ban On Nursing Home Arbitration Blocked
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 7, 2016, a Mississippi federal judge temporarily blocked enforcement of the federal government’s ban on mandatory arbitration in cases involving nursing homes. The order from U.S. District Judge Michael P. Mills granted a preliminary injunction sought by the American Health Care Association (AHCA) and prevents the ban from taking effect on Nov. 28.
The proposed rule, released by the Centers for Medicare & Medicaid Services (CMS), bans so-called pre-dispute binding arbitration clauses in nursing home contracts, which require patients and families to settle any dispute over care in arbitration, rather than through the court system.
To learn more about the rule, click here.
Click here to read the final rule issued by CMS.
Not Everyone Agrees With The Rule.
In Judge […]
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law