The federal agency overseeing Medicare and Medicaid services has issued a rule barring any nursing home that receives federal funding from requiring residents to enter pre-dispute arbitration agreements. Such agreements have long been used by nursing homes to force patients and their families to pursue claims such as elder abuse and wrongful death through the private system of arbitration rather than in court. Although nursing homes and patients may still enter arbitration agreements on a voluntary basis at the time a dispute arises, those agreements must be clearly explained to residents. This major change in policy is viewed as an important step in protecting the rights of nursing home patients. More information about the new rule is available at:
https://www.cms.gov/Newsroom/MediaReleaseDatabase/Press-releases/2016-Press-releases-items/2016-09-28.html
