New CMS Rule Eliminates Nursing Homes’ Unfair Legal Advantage

New CMS Rule Eliminates Nursing Homes’ Unfair Legal Advantage | Ron Katter

In September, the Center for Medicare and Medicaid Services (CMS) issued a new rule which prohibits  nursing homes and long-term care facilities from forcing patients and their families into private arbitration. This rule goes into effect in November 2016.

Up until now, long-term care facilities routinely inserted mandatory arbitration clauses in their admission paperwork. This meant that any claim that a patient had with a facility about mistreatment, malpractice, or even billing could never be resolved in a court of law. Instead, the patient had to submit to a private,  arbitration to seek relief. This system allowed nursing home cronies to decide the cases and also kept nursing home abuse secret.

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