CMS fights for arbitration ban

Federal officials struck back at providers in January, filing notice that they were challenging efforts to stop a ban of pre-dispute nursing home arbitration agreements.

It was unknown at press time, however, what the new administration might pursue on the matter.

Health and Human Services Secretary Sylvia Mathews Burwell and Centers for Medicare & Medicaid Services administrator Andrew M. Slavitt appealed a judge's injunction that effectively allows the agreements to continue. The judge's decision in November was part of a lawsuit launched in October by the American Health Care Association against HHS.

“An injunction is necessary and appropriate, as it will allow the court time to examine the arbitration ban,” Beth Martino, senior vice president of public affairs for the American Health Care Association, told McKnight's.

LeadingAge's policy team said in a statement that the organization is “not surprised, but nevertheless disappointed” that CMS is choosing to appeal the injunction.

“LeadingAge supports the use of arbitration to resolve disputes,” organization officials said.