Nursing Homes Lodge Fresh Attack On CMS Arbitration Limits

Law360 (September 4, 2019, 5:40 PM EDT) -- Two nursing homes on Wednesday sued the Trump administration in the hopes of blocking a ban by the Centers for Medicare & Medicaid Services on arbitration agreements for newly admitted residents, seeking to replicate an earlier triumph over the Obama administration’s limits.

The lawsuit filed in Arkansas federal court by the nursing homes asserted that in less than two weeks, CMS will start to enforce a far-reaching and improper prohibition on nursing home arbitration agreements. According to the suit, the prohibition is “just as unlawful” as an earlier arbitration ban pursued by the Obama administration that a Mississippi federal judge blocked...

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