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CMS Releases Arbitration Rules and Proposes Revisions to Nursing Home Rules

July 17, 2019

Yesterday, the Centers for Medicare and Medicaid Services released the public inspection documents for two rules:

  1. Proposed rules revising the federal nursing home regulations; and

  2. Final rule on pre-dispute arbitration.

 Consumer Voice is reviewing and analyzing both sets of requirements and will be providing you with a summary and analysis as soon as possible.

Early analysis points:

Pre-Dispute Arbitration Final Rule:

  • The arbitration rule allows the use of pre-dispute arbitration agreements, but facilities are prohibited from requiring residents or their representative from signing  such agreements as a condition of admission or to continue receiving care.  
  • The facility must give the resident the right to rescind the agreement within 30 days.  
  • There are additional requirements the facility must meet, including explaining the agreement in a language and manner the resident/representative understands; and posting a notice describing the facility's policy on the use of binding arbitration agreements in an area visible to residents and visitors.

Nursing Home Requirements of Participation Proposed Rules:

  • Eliminates the "grievance official" and removes the duties of such a person
  • Changes the requirement that a facility conduct a facility assessment from annually to every 2 years
  • Eliminates some of the protections around PRN use of antipsychotic drugs
  • Greater flexibility around QAPI
  • Changes in the requirements around an infection preventionist - eliminates the requirement that the person works at the facility part-time
  • Delays implementation of the Phase 3 requirements for 1 year

There will be a 60-day comment period for the proposed rules revising the federal nursing home regulations.

Actual publication of these rules in the Federal Register will occur on July 18.

Stay tuned for more information from Consumer Voice on these new Regulations.

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