CMS Rules Against Forced Arbitration

In a crucial new decision made by the Centers for Medicare and Medicaid Services (CMS), it has been ruled that skilled nursing facilities and nursing facilities participating in Medicare or Medicaid programs can no longer require residents to waive their rights to bring legal action against such facilities in a court of law. This striking down of forced arbitration is an important step in protecting the rights of nursing facility residents, particularly the elderly.

The decision still allows arbitration agreements to be made, but only after disputes arise, not beforehand. Whereas many nursing facilities have been able to hinder the chances of residents’ abilities to protect themselves legally, this new rule is meant to empower residents.

Unfortunately, this new ruling does not affect cases in which arbitration clauses were agreed up before November 28th, 2016, despite the fact that CMS believes that those cases may also be unenforceable. It is possible that CMS will take legal action relevant to those older cases at some point the future, as well.

If you or a loved one has been forced into an arbitration agreement with a nursing facility, you may be able to mount a successful case. For a free consultation, contact the Milwaukee personal injury lawyers at Domnitz & Domnitz, S.C. We have a long history of helping our clients to recoup their losses. Click here to see a list of our most significant verdicts and settlements.