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CMS set to roll back nursing home arbitration ban

Politico Pro: CMS set to roll back nursing home arbitration ban (February 13, 2019)

The Centers for Medicare & Medicaid Services, CMS, is reversing a rule that would have made it easier for nursing home residents to sue nursing homes. The rule would allow nursing home facilities to require nursing home residents or their families to settle complaints through arbitration instead of litigation. Consumer advocates argue that arbitration agreements are often unjust and force residents to give up negligence or abuse lawsuits.

“No nursing home resident or agent is making a truly voluntary decision to choose arbitration at the time of admission to a nursing facility,” said Justice in Aging’s Directing Attorney Eric Carlson. “People are under tremendous amount of pressure at that point, and they’re not in a position to make decisions about future dispute resolution procedures.” The article is behind a paywall. This is a summary.

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