August 2017 Issue

ABA opposes proposed rule to authorize mandatory pre-dispute arbitration in nursing home contracts

The ABA urged the Centers for Medicare & Medicaid Services (CMS) this month to withdraw a proposed rule that would authorize the inclusion of mandatory pre-dispute arbitration provisions in long-term care admission contracts, saying the proposed rule “fails to protect residents’ rights and interests.” The proposal also would permit nursing homes to require residents to agree to such arbitration provisions as a condition of admission to a facility.