On July 18, 2019, the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) published a final rule (42 C.F.R. § 483 (2019)) repealing the prohibition of long-term care facilities’ use of pre-dispute arbitration agreements. After much discussion about CMS’ authority to enforce various arbitration agreement provisions, CMS issued revised Surveyor Guidance on June 29, 2022, that impacts the use of these agreements.
Although much of the guidance appears subtle or minor, arbitration agreements continue to be an important part of the admission process and have proven to be helpful in defending liability claims. State and Federal survey agencies are being trained to perform record reviews, focusing on the legality of signatures, denying admission based on the resident refusing to sign an arbitration agreement, and whether the resident is presented with a 30-day opt-out option once signed.
Surveyors also are being given an extensive list of questions to use when interviewing residents and their representatives about how well the arbitration process and key terms were explained to them prior to signature. Additionally, there are now a few federal F-tag citations that may be cited in the event a facility is not able to show that arbitration agreements are being explained appropriately and signed by a legally authorized individual.
Registration for all participants is free. The webinar is approved for 1.0 ANCC contact hours and has been submitted for 1.0 NAB CEs upon completion. The course learning objectives include:
- Define binding arbitration agreements
- Discuss CMS’s authority to enforce
- Identify the CMS F-tags covering arbitration agreements
- Discuss best practice for implementing arbitration agreements
- Define the basic elements of a valid arbitration agreement
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