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Media & Articles

Paula Sanders Discusses CMS' Proposed Mandatory Arbitration Rule for LTC Facilities with Report on Medicare Compliance

June 12, 2017

In the June 12, 2017 issue of Report on Medicare Compliance, Health Care Co-Chair Paula G. Sanders provided insight on a proposed rule that would allow long-term care (LTC) facilities to require residents to do arbitration if a dispute arises. The article, "In Proposed Rule, CMS Allows Mandatory Arbitration by LTC Facilities," notes that "the proposed regulation (82 Fed. Reg. 26649) reverses course from an October 2016 final regulation, which prohibited long-term care facilities from requiring pre-dispute arbitration agreements and linking arbitration to admission."

Ms. Sanders notes that the proposed regulation, if approved as it stands now, "appears to put the arbitration dispute to rest." She goes on to explain that "“CMS realized it potentially overstepped their authority in the 2016 final rule and recognized its chances of success in litigation may not have been as strong as they would have liked and came up with a fair and balanced solution in the new proposed regulation.”