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Arbitration Agreements Long-Term Care Health Care Providers

Baker Donelson

Landmark Ruling: Victory for Powers of Attorney and Health Care Providers

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Baker Donelson secured a win before the Tennessee Supreme Court when, on February 16, 2024, the Court issued a ruling supporting health care providers and those who seek to secure health care for a loved one. In Williams v....more

Baker Donelson

CMS Updates to Appendix PP of the State Operations Manual – Arbitration Agreements

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The Centers for Medicare & Medicaid Services (CMS) released a revised CMS State Operations Manual (SOM) Appendix PP on June 29, 2022, that became effective on October 24, 2022. The updates are designed to enhance nursing home...more

Carlton Fields

Second Circuit Affirms Judgment Confirming Arbitration Award in Favor of Labor Union Involving Alleged Non-Signatory to Collective...

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The dispute involved a long-term health care provider and an assisted living services provider that was based in the same building. The union represented certain housekeeping employees at the location. The long-term health...more

Benesch

Centers for Medicare and Medicaid Services (“CMS”) Issues Revised Arbitration Rules

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On July 18, 2019, the Centers for Medicare and Medicaid Services (“CMS”) issued its revised rules governing the use of pre-dispute arbitration agreements in long-term care facilities. The revised rules, effective beginning...more

Arnall Golden Gregory LLP

CMS Finalizes Rules on Nursing Home Arbitration Agreements

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...more

K&L Gates LLP

K&L Gates Triage: Reading the Fine Print: A Closer Look at the Proposed Regulation over Arbitration Clauses in Long-Term Care...

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This episode discusses CMS’ policy shift regarding binding pre-arbitration dispute clauses in long-term care resident agreements over the course of the past year. CMS’ current proposal reverses the ban on binding pre-dispute...more

Arnall Golden Gregory LLP

The Future of CMS’s Appeal of the Injunction Halting the Nursing Home Arbitration Ban

Due to the November 7, 2016, Mississippi district court order granting an injunction against the Centers for Medicare and Medicaid Services (CMS) ban on pre-dispute arbitration agreements in long-term care, nursing homes can...more

King & Spalding

Federal Judge Blocks CMS Rule Banning Arbitration In Nursing Home Disputes

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In September, CMS announced a final rule that bans pre-dispute binding arbitration agreements related to care received in long-term care facilities. Among other things, the rule preserves the right of patients and their...more

Cadwalader, Wickersham & Taft LLP

Federal Court Blocks CMS Ban on Pre-Dispute Nursing Home Arbitration Agreements Pending Legal Challenge: What the Ruling Means for...

Earlier this week, a federal court enjoined the federal Centers for Medicare and Medicaid Services (“CMS”) from enforcing a rule, promulgated on September 28, 2016, which barred pre-dispute arbitration agreements between...more

Ballard Spahr LLP

Federal Court Enjoins U.S. Agency’s Nursing Home Arbitration Agreement Ban

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The Centers for Medicare and Medicaid Services (CMS), an agency within the U.S. Health and Human Services Department, recently issued a final rule prohibiting nursing homes and other long-term care facilities from utilizing...more

Arnall Golden Gregory LLP

Federal Court Blocks Nursing Home Arbitration Ban

In a heavily anticipated ruling with wide-ranging effects across the long-term care industry, a federal court in Mississippi on Monday blocked CMS’s ban on new pre-dispute arbitration agreements between residents and nursing...more

Bond Schoeneck & King PLLC

Court Enjoins CMS’s Ban on Arbitration Agreements

In the earlier publication CMS Final Rule Prohibits Pre-Dispute Arbitration Agreements at Long Term Care Facilities, we noted that the Centers for Medicare & Medicaid Services (CMS), an agency within the Health and Human...more

Polsinelli

Catching Up With the Times: CMS Reforms Long-Term Care Facility Requirements - Part II

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Following CMS publishing the biggest overhaul to federal long-term care regulations in 25 years, affected facilities must take steps to ensure they are prepared for the pending changes. On Oct. 4, CMS published the...more

Holland & Knight LLP

Ten Things to Know About the CMS Long-Term Care Requirements Final Rule

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Deadlines are looming to come into compliance with sweeping changes to the Centers for Medicare & Medicaid Services (CMS) requirements for long-term care facilities (LTC) participating in Medicare and Medicaid. The CMS final...more

Bond Schoeneck & King PLLC

New LTC Regulations – Summary of Implementation Mandates

Our Health & LTC group is integrating the new LTC final regulations for clients and will begin advising of changes required in the coming weeks before Phase I requirements become effective on November 28, 2017. Given the...more

Arnall Golden Gregory LLP

CMS Issues Final Rule Significantly Reforming the Requirements for Long-Term Care Facilities Participating in the Medicare and...

On October 4, 2016, the Centers for Medicare & Medicaid Services (CMS) published its final “Reform of Requirements for Long-Term Care Facilities” rule in the Federal Register, marking the first time since 1991 that the...more

Polsinelli

Catching Up With the Times: CMS Reforms Long-Term Care Facility Requirements - Part I

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On Oct. 4, CMS published the biggest overhaul to federal long-term care regulations since 1991. The lengthy Final Rule reforms the requirements for long-term care facilities participating in Medicare and Medicaid. CMS...more

Cadwalader, Wickersham & Taft LLP

In Final Rule, CMS Acts to Bar Pre-Dispute Binding Arbitration Agreements With Nursing Home Residents Effective November 28, 2016

On September 28, 2016, the federal Centers for Medicare and Medicaid Services (“CMS”) issued its long-awaited final rule that, among other things, prohibits skilled nursing facilities (“SNFs”) and nursing facilities (“NFs”)...more

Ballard Spahr LLP

U.S. Agency Prohibits Nursing Home Arbitration Agreements

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The Centers for Medicare and Medicaid Services (CMS), an agency within the U.S. Health and Human Services Department, has issued a final rule that includes prohibiting nursing homes and other long-term care facilities from...more

Polsinelli

Impending Deadline: CMS Issues Proposed Rule Reform for Long Term Care Facilities – Part 3 of 4

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On July 16, 2015, the Federal Register published Centers for Medicare and Medicaid Services’ (CMS) proposed rule to reform the requirements for Long Term Care Facilities participating in Medicare and Medicaid. CMS will be...more

Baker Donelson

Beware! Long Term Care Class Actions are Coming

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Long term care providers beware, class action suits are coming. Due to allegations of chronic understaffing, long term care providers are beginning to face massive class action lawsuits nationwide. The trend began in 2010,...more

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