Long Term Care & Senior Living Blog

Implementation Date: Phase 1 – November 28, 2016Perhaps the greatest attention of the CMS final rule changes has focused on the arbitration provision (§483.70(n)). Beginning November 28, 2016, all facilities enrolled in the Medicaid and Medicare program are prohibited from entering into pre-dispute arbitration agreements with any resident or resident’s representative. This provision creates a pre-condition to participation in the Medicare or Medicaid programs.