The Centers for Medicare & Medicaid Services issued a final rule July 16 allowing nursing home pre-dispute arbitration agreements — but it comes with significant strings attached.
Providers must inform prospective residents and their representatives about the content of any arbitration clause. In addition, nursing homes may not require residents to sign such agreements as a condition for receiving care.
CMS now also prohibits conditions that would prevent residents or others from communicating with federal, state or local officials.
The president and CEO of the American Health Care Association applauded the permission to use pre-dispute arbitration agreements but was not happy about the attached stipulations.
“We are concerned,” Mark Parkinson said, “about CMS adding any conditions or administrative requirements when Congress has spoken on this topic.”
From the August 2019 Issue of McKnight's Long-Term Care News
