The Centers for Medicare and Medicaid Services (CMS) issued a final rule September 28, 2016, that prohibits nursing home facilities that receive federal funding from requiring residents to resolve legal disputes through arbitration. CMS, an agency within the federal Health and Human Services Department, is perceived to be reacting to allegations that arbitration permits such facilities to hide patterns of wrongdoing and potential illegality against some of the nation's most vulnerable. CMS Acting Administrator Andy Slavitt stated, "The advances we are announcing today will give residents and families greater assurances of the care they receive." The rule is scheduled to go into effect on November 28, 2016, although it will only apply to future admissions and its applicability can be challenged on a case by case basis in court.
Medicare and Medicaid Programs; Reform of Requirements for Long-Term Care Facilities - A Rule by the Centers for Medicare & Medicaid Services
Please feel free to contact us to discuss this new rule and any effect it may have on your operations in greater detail.
John Coleman, Esq.
305.350.5307 - john.coleman@csklegal.com
Sherry Schwartz, Esq.
561.383.9251 - sherry.schwartz@csklegal.com
Christina C. Backus, Esq.
561.681.5255 - christina.backus@csklegal.com
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