The New Landscape for SNF Arbitration: Best Practices for an Uncertain Future
Recorded On: 10/16/2019
Time: 2:00-3:30 PM Eastern (90 minutes)
Session Format: Live Webinar
CLE Credit Available: Yes
The uncertainty surrounding the use of arbitration agreements in nursing homes has finally ended—at least for now. On July 16, 2019, CMS released its long-awaited final rule, which updates the requirements nursing homes must meet to use binding arbitration agreements. As with the proposed rule and consistent with a federal court injunction, the final rule reverses the prior administration’s wholesale ban on pre-dispute arbitration agreements in nursing facilities. But the final rule does impose new conditions on the use of arbitration agreements in nursing facilities. It remains an open question whether CMS actually has authority to regulate arbitration as part of its conditions of participation, so this final rule may face a lawsuit similar to the one that struck down the prior attempted arbitration ban.
In the meantime, nursing facilities must update their admission practices and agreements to comply with the conditions of participation, including challenging new requirements such as explaining the agreement in a language and terms the resident and resident’s representative understands. While these regulations are part of the requirements of participation and are not directly regulate arbitration agreements, facilities should nevertheless prepare for litigation challenges based on these final rules. This webinar will discuss the challenges and opportunities with the final rule, as well as ways to make the arbitration process more defensible.
Level of Difficulty: Intermediate
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- Post-Acute and Long Term Services
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