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Personal Injury: October 2016 Archives

NURSING HOMES NO LONGER ALLOWED TO FORCE RESIDENTS INTO ARBITRATION AGREEMENTS

A shift in power and control has returned to those who most need it - nursing home residents and their families. In a recent ruling, the Centers for Medicare and Medicaid Services (CMS) prohibited mandatory pre-dispute arbitration agreements between federally funded nursing homes and their residents. Prior to the new ruling, many nursing homes required residents to sign an arbitration agreement which forced residents to solve any dispute that may arise between them and the nursing home outside of court. These agreements heavily favored the nursing homes and took away a resident's power to use the court system for injuries caused by a nursing home's wrongful conduct.

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