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Supreme Court Passes on Nursing Home Arbitration Rule Dispute

Oct. 3, 2022, 2:39 PM

The US Supreme Court declined Monday to hear a dispute over whether HHS can demand that long-term care facilities fully explain arbitration agreements to residents if they want to continue getting paid by Medicare and Medicaid.

At issue was a decision by the US Court of Appeals for the Eighth Circuit that upheld a US Health and Human Services Department rule placing a new condition on providers’ participation in federal health care programs: that they make it clear that a patient’s admission and ongoing care aren’t dependent on agreeing to arbitrate legal claims.

The rule isn’t preempted by the Federal ...