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“Nursing Home Operators Could Face Fines, Citations Tied to Arbitration Agreements as Part of New CMS Requirements,” Skilled Nursing News

The Centers of Medicare & Medicaid Services (CMS) released new guidance recently tied to arbitration agreements for nursing homes, which could lead to civil monetary penalties for non-compliance. Drew Graham, partner and leader of the Aging Services Practice Group at Hall Booth Smith, told Skilled Nursing News he expects to see an increase in civil litigation in state and federal courts versus cases being resolved through arbitration following the new guidance.

“This new guidance that arbitration agreements pose a risk of psychological harm to residents is not something that historically has been said about these agreements,” he said. “As a practical matter, that alone shows they intend to treat them differently.”

Read the full article on the Skilled Nursing News website.

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