Legal Challenge to Arbitration Ban

As most of you know, the recently released Requirements of Participation for nursing homes contained a ban on pre-dispute arbitration for all Medicare and Medicaid certified facilities.  

LeadingAge has always supported arbitration agreements that are properly structured and allow parties to have a speedy and cost-effective alternative to traditional litigation. LeadingAge opposed the concept of a ban when we submitted our comments to the proposed rule and continue to oppose its inclusion in the final rule.  

Litigation has been filed to halt implementation of the rule, and while we agree with many of the concepts outlined in the litigation, there, nevertheless, are important differences that need to be discussed in a deliberative, thoughtful manner before LeadingAge takes any action with respect to a possible challenge of the rule.  

The LeadingAge Legal Committee is actively reviewing the rule, other applicable laws, and court decisions to determine an appropriate course of action in the very near future.