Mediation and Arbitration
Final U.S. Rule Allows Nursing Home Arbitration Agreements, But With Limits

Final U.S. Rule Allows Nursing Home Arbitration Agreements, But With Limits

The federal government has now finalized its rule allowing pre-dispute arbitration agreements in nursing homes. The final rule, announced July 16, abandons an Obama-era rule that would have banned pre-dispute arbitration agreements but never went into effect. Some restrictions are imposed under the final rule. In October 2016 the U.S. Centers for...

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U.S. Nearing Approval to Abandon Ban on Nursing Home Arbitration Agreements

By: D|K's Health Care Team The White House is nearing approval of a regulatory change that would allow pre-dispute arbitration agreements in nursing homes participating in Medicare or Medicaid. On January 30, 2019, the White House Office of Management and Budget (OMB) began the review of a final rule (first published June 8, 2017) that would...

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U.S. Abandons Ban On Nursing Home Arbitration Agreements

U.S. Abandons Ban On Nursing Home Arbitration Agreements

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...

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U.S. Abandons Ban On Nursing Home Arbitration Agreements

U.S. Supreme Court Rebuffs Challenge to Nursing Home Arbitration Agreements

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...

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U.S. Abandons Ban On Nursing Home Arbitration Agreements

Nursing Home Arbitration Rule Put on Hold

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...

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U.S. Abandons Ban On Nursing Home Arbitration Agreements

Nursing Home Arbitration Rule Challenged in Court

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...

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U.S. Abandons Ban On Nursing Home Arbitration Agreements

Sweeping New Rules Govern Long-Term Care

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....

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U.S. Abandons Ban On Nursing Home Arbitration Agreements

New Federal Regulations Prohibit Pre-Dispute Arbitration in Long-Term Care

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...

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Take the Mystery Out of the Recoverability of Attorneys’ Fees in Construction Disputes

Strategic Use of Limitation of Liability Provisions in Construction Contracts

By James E. Braza One of the most important strategic approaches in modern day construction contract negotiation is leveraging the extent to which the parties will agree to limitations upon certain liabilities. While such limitations fall into a number of different categories, one of the most common is the mutual waiver of consequential damages....

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