NASW PRACTICE ALERT: Summarizes final rule on arbitration agreements in long-term care facilities

The Use of Arbitration Agreements within Long-Term Care Facilities: Changes to Federal Requirements and Implications for Social Workers

The Centers for Medicare & Medicaid Services recently published a final rule that affects beneficiaries who seek or receive care in long-term care (LTC) facilities—defined by CMS as nursing facilities and skilled nursing facilities that participate in Medicaid and Medicare, respectively. The rule, which took effect in most LTC facilities on September 16, 2019,  addresses the controversial use of predispute binding arbitration agreements between LTC facilities and residents. Knowledge of this rule is essential not only for social workers employed by LTC facilities, but also for social workers who serve LTC facility residents, potential residents, and family caregivers in other capacities.

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