Professional Liability Advocate

Professional Liability Advocate

Category Archives: Alternative Dispute Resolution

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Is This the End of Arbitration in Nursing Home Litigation?

Posted in Alternative Dispute Resolution, Healthcare
As anticipated, the Centers for Medicare & Medicaid Services (CMS) has released new regulations addressing the use of arbitration agreements in nursing home admission agreements applicable to facilities that participate in Medicaid and Medicare programs. However, the scope has far exceeded what was expected. The proposed regulations only sought to ban mandatory arbitration agreements as… Continue Reading

Arbitration of Nursing Home Suits: Take Two

Posted in Alternative Dispute Resolution, Medical Malpractice
Quasi Tort Reform in Nursing Home Litigation Is on the Way! Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (2012), in which the Court determined… Continue Reading