For most patients, entering a nursing home can be one of the most stressful and difficult decisions they’ll ever make. On top of that, many nursing homes have required enrolling residents to sign a pre-dispute arbitration agreement, giving up the right to a trial in case of any future harm. As of Nov. 28, however, mandatory arbitration agreements will be banned, courtesy of a recent CMS final rule.
Patient advocacy groups applauded the ban, saying it will help restore patient rights and lead to better care. Robyn Grant, director of public policy and advocacy for the National Consumer Voice for Quality Long-Term Care, told me that mandatory arbitration agreements forced patients to make a critical decision without any knowledge of what a future dispute might look like.
“Ending pre-dispute arbitration means that should the resident experience harm, he or she or his or her representative will have the knowledge they need to make the decision that is best for them and their situation and can be fully focused on the legal consequences of agreeing to arbitration should they choose that alternative,” Grant said.
the threat of a large lawsuit can
be enough to persuade nursing homes to make improvements, boosting
overall patient care.
However, the American Health Care Association said it was “extremely disappointed” by the ban on mandatory arbitration agreements. Mark Parkinson, president and chief executive officer of the AHCA, said the ban exceeded the CMS’s authority. The AHCA represents about 12,000 not-for-profit and for-profit nursing homes across the country.
Stay on top of new developments in health law and regulation with a free trial to the Health Law Resource Center.
Learn more about Bloomberg Law and sign up for a free trial.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)