Distance Learning

Analyzing The Final SNF Arbitration Rule: Opportunities and New Challenges - Listen With a Colleague

The “Listen with a Colleague" option allows multiple registrants from the same organization and location to participate in the webinar at a discounted rate. It may ONLY be used if at least one person from your organization and location has registered at the regular/full webinar registration rate. Please note that those who register under the reduced “Listen with a Colleague" rate must access the webinar from the same location and computer as the full-priced registrant they are registered under.

The “Listen with a Colleague" option is continuing legal education (CLE) credit-eligible. In order to obtain a certificate of completion for submission to a state CLE accrediting body, those registered under this option must obtain the attendance verification code—which will be displayed at a random time during the webinar—and enter that code under “Verification Code for Live Webinar" section of the webinar description webpage. Please note that each registrant must submit a complete evaluation from their individual accounts to obtain a certificate of completion.

If you have any questions about this registration option, please contact customer support.

Time: 2:00-3:30 PM Eastern (90 minutes)
Session Format: Listen With a Colleague
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

  • AHLA Member: $99

Content Lead:

  • Post-Acute and Long Term Services

Partner(s):

  • Health Care Liability and Litigation 
    ADR Affinity Practice Group