This episode discusses a recent policy shift by the Centers for Medicare & Medicaid Services (CMS) regarding binding pre-dispute arbitration clauses in long-term care resident agreements over the course of the past year. CMS’ current proposal reverses the ban on binding pre-dispute arbitration agreements and allows such agreements with residents when certain conditions are met (e.g., the agreement is described in plain language, acknowledged by the resident, available for inspection by CMS, and disclosed through a notice posted in an area visible to residents and visitors). This episode outlines these conditions and discusses the implications for providers. 

Presenter: Kimberly C. Gordy

Download Presentation Materials