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CMS recently published a Final Rule that repealed a prior rule prohibiting Long-Term Care (LTC) facilities from using pre-dispute, binding arbitration agreements. LTC facilities that choose to utilize arbitration agreements with residents or their representatives must adhere to certain requirements, including:
In publishing the Final Rule, CMS expressed its objective of strengthening the transparency of the arbitration process between LTC facilities and residents. Further, CMS has sought to better inform residents about their legal rights within LTC facilities, while addressing the need for LTC facilities to be efficient and cost-effective. The regulations that promulgate the Final Rule will be effective September 16, 2019.