CMS’ Arbitration Ban Challenged by the AHCA

Senior LivingThe Centers for Medicare & Medicaid Services (CMS) recently issued a ban on pre-dispute arbitration agreements in nursing homes and earlier this week, the American Health Care Association (AHCA) filed a lawsuit against CMS claiming they violated the Federal Arbitration Act. AHCA filed the complaint with the Mississippi Health Care Association and three Mississippi healthcare facilities claiming it, “will deprive both SNFs/NFs and their residents of the benefits of arbitration and result in the siphoning of resources towards litigation costs and away from resident care.”

Julie Braman Kane, President of the American Association for Justice said the nursing home industry is using a lawsuit in a last-ditch effort to hang on to forced arbitration while trying to deprive residents and their families of that same right.

The ban goes into effect November 28, 2016, but AHCA and the groups filing the complaint are asking the court for declaratory and injunctive relief and that the court block enforcement of the ban.

The senior living experts at AssuredPartners NL are watching this issue closely and will continue to assist clients with staying compliant with any updated rules and regulations. If your community would like more information on risk management and loss prevention services provided by the experienced senior living team, contact a Senior Living agent.

Source: McKnight’s

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