CMS Issues Proposed Revision Requirements for Long-Term Care Facilities’ Arbitration Agreements
Jun 5, 2017 - 4:27:24 PM

( - The Centers for Medicare & Medicaid Services (CMS) issued proposed revisions to arbitration agreement requirements for long-term care facilities.  These proposed revisions would help strengthen transparency in the arbitration process, reduce unnecessary provider burden and support residents’ rights to make informed decisions about important aspects of their health care.


The Reform of Requirements for Long-Term Care Facilities Final Rule published on October 4, 2016 listed the requirements facilities need to follow if they choose to ask residents to sign agreements for binding arbitration.  The final rule also prohibited pre-dispute agreements for binding arbitration.  The American Health Care Association and a group of nursing homes sued for preliminary and permanent injunction to stop CMS from enforcing that requirement.  The court granted a preliminary injunction on November 7, 2016.   After that decision, CMS reviewed and reconsidered the arbitration requirements in the 2016 Final Rule.

Proposed Revisions to Arbitration Requirements

This proposed rule focuses on the transparency surrounding the arbitration process and includes the following proposals:

For more information, the proposed regulation can be found here:

This proposed rule is scheduled to be published in the Federal Register on June 8, 2017 and comments are due by August 7, 2017.


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