CMS Reversing Course? Pre-Dispute Arbitration Clauses

Late last week I learned that CMS may be reversing course on prohibiting pre-dispute arbitration clauses in nursing home admission contracts.  I couldn’t decide if my response should be “say it isn’t so” or “you have got to be kidding me”. Nevertheless, Justice in Aging reported in their weekly newsletter, This Week in Health Care Defense  that:

CMS Backtracks on Nursing Home Arbitration Prohibition

As part of last year’s revision of nursing facility regulations, CMS prohibited federally-certified nursing facilities from obtaining arbitration agreements at the time of admission. CMS concluded that it was unfair to have residents and families waive legal rights during such a difficult and chaotic time. Now, however, CMS has reversed course and has filed language that would revise the regulation to allow facilities to obtain arbitration agreements at admission. For more on the revised regulations, see the series of issue briefs developed by Justice in Aging in partnership with the Center for Medicare Advocacy and the National Consumer Voice for Quality Long Term Care.

Serious bummer.