News For Nursing Homes: Federal Government’s Attempt to Ban 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 proposed 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 […]