CMS proposes arbitration changes for long-term care facilities

The Centers for Medicare & Medicaid Services this week issued a proposed rule revising the agency’s recently adopted arbitration agreement requirements for long-term care facilities. The rule would remove a prohibition on pre-dispute binding arbitration agreements finalized last year, which was challenged in court by nursing home groups. CMS subsequently suspended enforcement of that provision due to a court-ordered injunction. The proposed rule would require binding arbitration agreements to be in plain language and explained to the resident and their representative in a language they understand, among other provisions.