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Healthcare Disputes
NJ Appeals Court Refuses to Enforce Nursing Home’s “Dense and Meandering” Arbitration Provision
By Beth Graham - March 30, 2020
A state appeals court has ruled a nursing home's arbitration is void in part because its language is “dense and meandering,” which prevented a meeting of the minds.
CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements
By Beth Graham - July 30, 2019
The Centers for Medicare & Medicaid Services (“CMS”) has issued a final rule allowing the use of pre-dispute, binding arbitration agreements by nursing homes across the United States.
Proposed Legislation Aimed at Preventing Surprise Medical Bills Approved by Texas Senate’s Committee on Business and Commerce
By Beth Graham - April 3, 2019
Yesterday, the Texas Senate’s Committee on Business and Commerce voted 7-2 to approve a substitute Senate Bill 1264 that was introduced in an effort to protect Texas patients from incurring surprise out-of-network medical bills.
Proposed Texas Legislation Aims to Prevent Surprise Medical Bills Through Mediation
By Beth Graham - March 4, 2019
The 86th Texas Legislature is considering a bi-partisan bill that would require health insurance companies to mediate any cost of service disputes with doctors and other medical providers prior to sending a bill for the difference to patients.
Federal Court Orders Mississippi Nursing Home Neglect Case to Arbitration Based on Resident’s Verbal Consent to Daughter’s Agency
By Beth Graham - July 30, 2018
The United States District Court for the Northern District of Mississippi has ordered a nursing home dispute to arbitration based on an individual’s oral consent to her daughter’s agency.
Kentucky Supreme Court Revisits Nursing Home Arbitration Case Overturned by SCOTUS
By Beth Graham - November 20, 2017
In May, the United States Supreme Court overturned the Supreme Court of Kentucky’s decision in Kindred Nursing Centers Limited Partnership v. Clark, No. 16-32, (May 15, 2017).
Trial and Error: Legislating ADR for Medical Malpractice Reform
By Beth Graham - September 26, 2017
Lydia R. Nussbaum, Associate Director of the Saltman Center for Conflict Resolution and Associate Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law, has published “Trial and Error: Legislating ADR for Medical Malpractice Reform,” Maryland Law Review, Vol. 76, No. 2, 2017.
CMS Issues Proposed New Rule on Nursing Home Pre-Dispute Arbitration Agreements
By Karl Bayer - June 7, 2017
The Centers for Medicare and Medicaid Services (CMS), an arm of the US Department of Health and Human Services, released an announcement on June 5th withdrawing its 2016 Rule prohibiting pre-dispute arbitration agreements for long-term care nursing home contracts.
Federal Court Enjoins CMS Rule Banning Nursing Homes from Requiring Pre-Dispute Binding Arbitration Agreements
By Beth Graham - November 23, 2016
A Mississippi federal judge has blocked a Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”) regulation that bars federally funded nursing homes from utilizing pre-dispute binding arbitration agreements.
Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements
By Beth Graham - October 5, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.
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