CMS issues rules on long-term care facility regulatory relief, arbitration

The Centers for Medicare & Medicaid Services yesterday released a proposed rule that would revise certain requirements for long-term care facilities, such as nursing homes and assisted living facilities, to reduce the regulatory burden on providers and suppliers. The revisions include reducing information collection and facility construction requirements, as well as removing operational barriers to allow for flexibility in staffing. CMS estimates that the changes would result in cost savings of $616 million in each of the first five years. The rule will be published in tomorrow’s Federal Register, with comments accepted for 60 days.  
 
CMS yesterday also issued a final rule that allows binding arbitration agreements in nursing homes, but prohibits nursing homes from requiring residents to sign them as a condition for receiving care. Nursing homes also must inform residents that they are not required to sign binding arbitration agreements, which allow two parties to agree to settle any future disputes through an arbitration process rather than through litigation.