Professional Liability Advocate

Professional Liability Advocate

Category Archives: Healthcare

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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

Obamacare in the Courtroom: In the Matter of Double Recovery

Posted in Healthcare, Insurance, Medical Malpractice, Professional Liability
The Patient Protection and Affordable Care Act (ACA), a/k/a Obamacare, was drafted to make health care and health insurance more affordable and more available to more Americans as well as to relieve some of the burden on Medicaid. However, the ACA also may have an impact on personal injury litigation. In particular, this legislation may… Continue Reading