The American Health Care Association is suing CMS over a provision in the final rule on long-term care facility requirements for Medicare and Medicaid that prohibits pre-dispute binding arbitration agreements. Nursing homes say CMS doesn't have the authority to ban the agreements, and they ask the court to declare that policy unlawful and in the meantime to block the ban before it takes effect Nov. 28. “We are taking this step to stop what is a clear overreach by CMS...