Arbitration rules get two major victories

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Senator Al Franken
Senator Al Franken

The use of arbitration agreements in nursing homes may be bouncing back after it was banned in last year's final rule for long-term care providers. 

A notice appeared on the White House Office of Management and Budget website in late April saying a rule titled “Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements” was pending review. 

While the text of the proposal was not published as of press time, Sen. Al Franken (D-MN) said in a statement that the rule would lift the ban on pre-dispute agreements.

Franken called the proposal a “misguided decision” by the Trump administration that “would be terrible for consumers.” 

Providers' arbitration agreements got another win in mid-May, when the U.S. Supreme Court ruled in favor of a Kentucky nursing home in Kindred Nursing Ctrs. LP v. Clark