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CMS Can Regulate Arbitration clauses in Admission Contracts

Published on April 17th, 2020

Long-term care facilities must comply with a  CMS agency rule governing their use of predispute arbitration agreements as a condition of receiving Medicare and Medicaid payments, a federal court in Arkansas said.  The rule is a valid exercise of the agency’s authority, was adopted according to federal procedural rules, and doesn’t conflict with the Federal Arbitration Act, the U.S. District Court for the Western District of Arkansas said last week.  The court granted summary judgment for the Health and Human Services Department in a lawsuit brought by Northport Health Servs. of Arkansas LLC and other nursing homes.

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