10/19/2016

Arbitration Agreements: LeadingAge Evaluates Next Steps to CMS’ New Rule

LeadingAge’s Legal Committee is having a special committee call this week to discuss LeadingAge’s position on the arbitration ban in the recently released Requirements of Participation for Nursing Homes. LeadingAge has always supported arbitration agreements that are properly structured and allow parties to have a speedy and cost-effective alternative to traditional litigation. LeadingAge opposed the concept of a ban when submitting comments to the proposed rule and continues to oppose its inclusion in the final rule.

The LeadingAge Legal Committee is actively reviewing the rule, other applicable laws and court decisions to determine an appropriate course of action in the very near future. LeadingAge Ohio appreciates the input of Marty Sweterlitsch, Benesch and General Counsel to LeadingAge Ohio, who participates on LeadingAge’s Legal Committee, and will provide members with an update from the Legal Committee’s work. 

To help LeadingAge Ohio advocate most effectively for our providers, we would like to know which of our members currently ask residents in their LTC facilities to execute arbitration agreements.  This will be used for internal purposes only.  Please contact Nisha Hammel, Director of Advocacy, at nhammel@leadingagelohio.org regarding your use of arbitration agreements.