After several years of debate and turmoil, late yesterday afternoon CMS issued a new Final Rule on the use of arbitration agreements by nursing homes. 

History:

In 2016, CMS issued a Final Rule applicable to all long-term care facilities that accept Medicare and Medicaid funds. This Rule, in part, prohibited facilities that receive Medicare and/or Medicaid funds from using pre-dispute arbitration agreements.  This meant that the facilities could not request or require that residents or their representatives sign an arbitration agreement during the admissions process.  I blogged about the Final Rule here

Just over a month later, a federal judge in Mississippi granted a preliminary injunction to prohibit the rule from taking effect in a detailed, 40-page opinion.  I blogged about the preliminary injunction here:

A copy of the Rule can be found here: