tci Medicare Compliance & Reimbursement - 2016 Issue 19

Industry Notes: Patients and Families Can Sue Long-Term Care Facilities in Court, New Final Rule Says

CMS has released its first major overhaul of nursing home regulations since 1991. The Centers for Medicare & Medicaid Services (CMS) proposed the updates in July 2015 and received nearly 10,000 public comments, Acting AdministratorAndy Slavittnoted in a blog post (https://blog.cms.gov/2016/09/28/commitment-to-person-centered-care-for-long-term-care-facility-residents/). The final rule was published in theFederal Registeron October 4, and Phase I regulations take effect by November 28, 2016. The final rule guarantees the rights of patients or families to sue long-term care facilities because it bans “pre-dispute binding arbitration” clauses in nursing home contracts. During the comment period, industry groups like the...

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