CMS Scraps Nursing Home Arbitration Ban

Law360, New York (June 5, 2017, 8:26 PM EDT) -- The Centers for Medicare & Medicaid Services on Monday said it plans to scrap a far-reaching ban on nursing home arbitration agreements, concluding that the ban imposed "unnecessary and excessive" litigation costs on health care providers.

The move was expected ever since the November presidential election gave Republicans control of the executive branch. And it was perhaps inevitable, given that a court last year preliminarily blocked the ban and strongly suggested that CMS overstepped its authority by banning arbitration agreements that were imposed as conditions of admission or otherwise signed prior to disputes over medical care.

In a proposed rule on...

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