Advocates, Trial Lawyers: LTC Residents Hurt By Arbitration Ban Rollback

Trial lawyers and beneficiary advocates say CMS’ decision to scrap its ban on nursing homes using pre-dispute, binding arbitration will deny beneficiaries access to the courts when a problem arises, even though the agency says nursing homes can’t force beneficiaries to agree to pre-dispute arbitration as a condition of receiving care. But the nursing home lobby was pleased by the ban’s repeal and one industry lobbyist said CMS is making a genuine attempt to reduce provider burden. CMS on Tuesday...