LeadingAge National issued the following statement about arbitration on November 8th:
LeadingAge is pleased that a Federal District Court in Mississippi today granted a preliminary injunction stopping the implementation of a ban on pre-dispute arbitration agreements set to go into effect on November 28, 2016. We agree with the judge that CMS has exceeded its authority in attempting to ban pre-dispute arbitration agreements in nursing homes.
LeadingAge has always supported arbitration agreements that are properly structured and allow parties to have a speedy and cost-effective alternative to traditional litigation.
We have consistently fought against attempts to limit arbitration agreements and believe they should be enforced if they were executed separately from the admission agreement, were not a condition of admission, and allowed the resident to rescind the agreement within a reasonable period of time.
We will continue to follow this litigation and will weigh our options in the event that CMS decides to appeal the District Court’s ruling.
