The article discusses The Centers for Medicare and Medicaid Services’ (“CMS”) consideration of regulations that would limit, or potentially ban entirely, the use of arbitration agreements with nursing home residents. Mr. Martin told Senior Housing News that arbitration agreements used by the nursing home industry today are imminently fair and that the oversight of arbitration agreements in the nursing home context should not be with CMS, but instead with the courts.
Mr. Martin suggested guidelines for nursing facilities to consider when implementing arbitration agreements, such as ensuring arbitration agreements are not a condition of admission, separating the arbitration agreement from the main admission agreement, and granting residents a right to opt out of arbitration for up to thirty days after admission.
Read the full article HERE.
If you have any questions regarding CMS’ proposal regarding arbitration in the nursing facility context, or you would like assistance ensuring your facility’s arbitration agreement complies with the law, you may contact Aric Martin (Martin@ROLFLaw.com) at 866-495-5608 for additional information.