New Federal Rule Ends Mandatory Arbitration For Nursing Home Residents & Families With Complaints

A federal change to Medicare and Medicaid participation requirements for long-term care facilities, such as nursing homes, will make it easier for residents and their family members to sue the facilities over quality of care disputes. Effective November 28, 2016, nursing homes will not be permitted to require new residents admitted after that date to agree to mandatory arbitration as a condition of admission.

The federal Centers for Medicare & Medicaid Services (CMS) released the new regulations on October 4, 2016, as “Medicare and Medicaid Programs: Reform of Requirements for Long-Term Care Facilities.” It is the first update . . .