CMS Issues Revised Long Term Care Surveyor Guidance On Arbitration Agreement Requirements

On October 24, 2022, surveyors began using updated Centers for Medicare & Medicaid Services (CMS) guidance to identify noncompliance associated with skilled nursing facilities' use of arbitration agreements. In September 2019, under 42 C.F.R. § 483.70(n) - Administration, CMS added the requirements for skilled nursing facility binding arbitration agreements to F847 and F848.

Under F847, there are five key components that a skilled nursing facility must comply with if it elects to offer arbitration agreements. First, the facility cannot require residents to sign arbitration agreements as a condition of admission, or as a requirement to continue to receive care at that facility. Second, the facility must ensure the agreement is explained in a form and manner, including language, that the resident or representative understands, and the resident or representative must acknowledge he or she understands the agreement. Third, the arbitration agreement must provide the