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Ban on required arbitration by nursing homes is delayed

September 14, 2019

FAYETTEVILLE, Ark. (AP) — A rule prohibiting nursing homes from requiring a signed arbitration agreement as a condition for being admitted as a resident is being delayed pending a federal lawsuit in Fayetteville.

Court documents filed Friday by the U.S. Justice Department and Springdale nursing homes The Maples at Har-Ber Meadows and Springdale Health and Rehabilitation Center say implementation of the rule will be postponed from Monday until Dec. 31 so the lawsuit by the two nursing homes can proceed.

The filing first reported by the Arkansas Democrat-Gazette says a request by the nursing homes for a temporary injunction to block the rule is no longer necessary.

The lawsuit filed in September seeking to overturn the rule says it violates the Federal Arbitration Act and that the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services exceeded their authority in adopting the measure.

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