Archive for March, 2017
Federal District Court Enjoins CMS Ban on Pre-Dispute Arbitration Agreements in Long Term Care Resident Agreements
“On September 28, 2016, the Center for Medicaid and Medicare Services (CMS) promulgated a lengthy final rule that, among many other things, banned pre-dispute binding arbitration agreements between nursing facilities in the Medicare or Medicaid programs and nursing home residents commencing November 28, 2016 (the “Rule”). The American Health Care Association, a long term care provider industry association, along with three of its members, quickly filed suit in federal district court in Mississippi seeking to preliminarily enjoin enforcement of the Rule in October. On November 7, a federal District Court judge issued the requested preliminary injunction. Am. Health Care Ass’n v. Burwell, No. 3:16-CV-00233 (N.D. Miss. Nov. 7, 2016).”
Reassessing Commercial Arbitration: Making it Work for Your Company
“Handling disputes that have strayed beyond the ability of both parties to negotiate a solution by themselves presents a variety of strategic and logistical challenges. While many inhouse counsel have come to appreciate the business benefits of non-binding mediation, even at an early stage, the fact is that binding arbitration often remains suspect, especially outside of the international arena where the process makes obvious sense for reasons of cross-border neutrality and enforcement. This often occurs because of a lack of information, one-off personal experiences, or—most tellingly—failure to design and plan a good arbitration process that fully exploits the many flexible and customizable options available to parties and counsel.”
Steven Greenspan and Conna A. Weiner, Reassessing Commercial Arbitration: Making it Work for Your Company,” March 2017 ACC Docket