On September 28, 2016, CMS created the “Arbitration Rule”, banning arbitration agreements in nursing home admission agreements. By creating this Rule, CMS took the position that, due to the inequality of bargaining power between potential nursing home residents and long term care facilities, those facilities could no longer require, or even offer, binding arbitration as part of the admission process or at any point prior to a dispute arising.
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Implementation Date: November 28, 2016Section 483.35 regarding requirements for nursing services was formerly located at section 483.30. The former regulations addressed certain aspects of facility staffing but left gaps related to a number of areas such as the competencies of licensed nurses and the need to take into account resident acuity. The new rule adopts a competency–based staffing approach which requires the facility to evaluate its population and its resources in accordance with section 483.70(b)
Implementation Date: November 28, 2016¹Section 483.15 replaces section 483.12 and requires the facility to establish an admissions policy. Section (a)(2) states facilities cannot request or require residents or potential residents to waive their rights to Medicare or Medicaid benefits or any rights conferred by applicable state, federal and local licensing or certification laws. Section(a)(2)(iii) prohibits facilities from requesting or requiring residents or potential residents to waive facility liability for personal property losses.