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Arbitration Clauses and Nursing Homes - Update Part II

In my previous blog post about nursing home arbitration clauses, I discussed that the Center for Medicaid and Medicare Services (CMS) came up with a regulation that outlawed mandatory arbitration clauses in nursing home admission agreements.  I thought this was a great change as these agreements typically limit the patient's right to seek legal redress (i.e. to sue!) in the civil court system.  Limited rights to sue typically means lower recoveries or settlements when a nursing home has caused harm to the patient/elder.

As reported, the Agency for Healthcare Administration is Challenging CMS' Nursing Home Arbitration Regulation.  This could mean that the provision prohibiting mandatory arbitration could be put on hold before it is scheduled to go into effect on November 28, 2016.  

Stay tuned for further updates - and continue to cross out mandatory arbitration clauses when you see them in your loved one's nursing home, or assisted living facility, admission paperwork.

 

D. Rep DeLoach III
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Estate Planning and Board Certified Elder Law Attorney
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