By: D|K's Health Care Team On Monday, May 21, 2018, the Supreme Court of the United States issued a 5-4 opinion, authored by Justice Gorsuch, in Epic Systems Corp. v. Lewis. This case combined three like-cases and dealt with arbitration agreements and their enforceability as they relate to class actions. Plaintiffs entered into an agreement with...
By: D|K's Health Care Team On November 24, 2017, the Centers for Medicare & Medicaid Services (“CMS”) announced an 18 month moratorium on certain enforcement remedies for specific Phase 2 nursing home regulations that became effective on November 28, 2017. The moratorium reflects a 6-month extension of the June 2017 moratorium and is for the...
By: D|K's Health Care Team On July 5, 2017, the Wisconsin Court of Appeals ruled that Wisconsin’s cap on noneconomic damages in medical malpractice cases (found in Wis. Stat. § 893.55) is unconstitutional on its face. The court ruled that the Plaintiff Ascaris Mayo, should receive her jury award of $15 million in noneconomic damages and her...
By Alec Dobson The federal government’s effort to ban pre-dispute arbitration agreements in nursing homes is essentially over, given a proposed revised rule released on June 5, 2017. Last fall, the U.S. Centers for Medicare and Medicaid Services (CMS) issued a regulation banning such agreements in nursing homes and other long-term care facilities...
By Alec Dobson The U.S. Supreme Court on Monday issued a ruling which further demonstrates the Court’s view that federal law trumps efforts in the states to attack nursing home arbitration agreements. Monday’s ruling overturned the Kentucky Supreme Court, which had declined to enforce two arbitration agreements executed by residents’ family...
By Alec Dobson A federal rule that was to have banned pre-dispute arbitration agreements in nursing homes and other long-term care providers was put on hold by a federal judge on Monday. The new rule, which would apply to facilities participating in Medicare or Medicaid, was to go into effect on November 28, 2016. The rule was postponed...
By Alec Dobson The nation’s largest association of long-term care providers filed a lawsuit this week asking a federal court to block enforcement of new federal regulations that will prohibit pre-dispute arbitration agreements in nursing homes and other long-term care facilities participating in Medicare and Medicaid. The Centers for Medicare...
By Alec Dobson Nursing homes and other long-term care facilities across the country must meet stringent, wide-ranging and costly regulatory requirements in order to participate in Medicare and Medicaid programs, under a new rule issued Tuesday by the U.S. Department of Health and Human Services and its Centers for Medicare and Medicaid Services....
By Alec Dobson Disputes over care in nursing homes and other long-term care facilities will increasingly be decided in litigation, rather than arbitration, as a result of new federal regulations banning pre-dispute arbitration agreements in facilities that participate in the Medicare and Medicaid programs. The Centers for Medicare & Medicaid...
Workplace wellness programs have been a complex and controversial topic in recent years with Equal Employment Opportunity Commission (EEOC) lawsuits, proposed rules, and now final rules. On May 17, 2016, the EEOC issued a final rule (the “Rule”) to amend the regulations and guidance implementing Title I of the Americans with Disabilities Act...
