Nursing Home Arbitration Provisions And ACA Proposed Rules

CMS Revised Long-Term Care Surveyor Guidance In Effect

Centers for Medicare and Medicaid Services ("CMS") issued revised long-term care surveyor guidance to help assess noncompliance with arbitration agreements used by long-term care facilities which took effect on October 24, 2022. CMS revised the guidance in Chapter 5 and related exhibits of the State Operations Manual ("SOM") to strengthen the oversight of complaints and facility-reported incidents ("FRIs") and further revised its guidance for all Medicare-certified provider/supplier types to improve consistency across the State agencies in their communication to complainants. CMS provided guidance related to arbitration agreements, which prohibits facilities from requiring residents to sign binding arbitration agreements as a condition of admission to the facility, or as a requirement to continue to receive care.