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January 4, 2017

CMS Postpones Ban on Nursing Home Arbitration Agreements

In a largely unnoticed memo sent to states and Medicare contractors last month, The Centers for Medicare and Medicaid Services (CMS) said the ban on nursing home arbitration agreements will not be enforced until an injunction against the agency is lifted.

The injunction was granted by a judge in the U.S. District Court for the Northern District of Mississippi after a request was filed by the American Health Care Association and four other state and local health care groups.

“It remains to be seen how the incoming Trump administration will view the rule banning mandatory arbitration clauses in nursing home contracts,” writes Modern Healthcare; although we can’t help but wonder if this decision is a harbinger of more reversals on arbitration under the new administration and Congress. 

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