ARTICLE
19 October 2016

Nursing Homes File Lawsuit Against CMS Challenging Arbitration Limitations

DP
Day Pitney LLP

Contributor

Day Pitney LLP logo
Day Pitney LLP is a full-service law firm with more than 300 attorneys in Boston, Connecticut, Florida, New Jersey, New York and Washington, DC. The firm offers clients strong corporate and litigation practices, with experience on behalf of large national and international corporations as well as emerging and middle-market companies. With one of the largest individual clients practices on the East Coast, the firm also has extensive experience assisting individuals and their families, fiduciaries and tax-exempt entities plan for the future.
In response to the new rule published by the Centers for Medicare & Medicaid Services (CMS) barring nursing homes that receive federal funds from requiring their residents to agree to pre-dispute binding arbitration as a condition of admission to a facility
United States Food, Drugs, Healthcare, Life Sciences
To print this article, all you need is to be registered or login on Mondaq.com.

In response to the new rule published by the Centers for Medicare & Medicaid Services (CMS) barring nursing homes that receive federal funds from requiring their residents to agree to pre-dispute binding arbitration as a condition of admission to a facility (previously discussed here), two nursing home associations, along with several Mississippi nursing homes, have filed a lawsuit against the federal government challenging the new rule.

The lawsuit seeks a court order preventing the rule from taking effect on November 28. The plaintiffs claim the rule "goes too far in prohibiting skilled and nursing care facilities from entering into pre-dispute arbitration agreements with residents." They also allege that the rule violates the Federal Arbitration Act and exceeds CMS's statutory authority.


For more articles and regular updates on legislative changes, regulatory developments and other news of interest to businesses, professionals and investors in the healthcare industry, please subscribe to Day Pitney's mailing lists.

Click here for more Healthcare Blogs from Day Pitney

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More