We are pleased to announce that
Attorney Rob Sachs of Shrager, Spivey & Sachs has written an article titled, “Plaintiff’s
Challenges to Pre-Suit, Binding Arbitrations in Nursing Homes,”
which has been published by the Pennsylvania Association for Justice.
In the article, he addresses two significant days for nursing home residents
throughout the state of Pennsylvania, September 27 and 28.
On September 27th, the Centers for Medicare and Medicaid Services, which
administers over $1 trillion of federal reserves, issued final rules that
will disallow binding, pre-dispute arbitration clauses in nursing facilities
that are federally funded. Unfortunately, the next day, the Pennsylvania
Supreme Court stated that it is bound by the US Supreme Court precedent
and upheld the arbitration clause that will force separate arbitrations
of survival actions that are bound by arbitration clauses and wrongful
death action trials.
The Centers for Medicare and Medicaid Services stated, in the summary,
that new final rules will edit the requirements that Long-Term facilities
are required to meet in order to participate in Medicaid and Medicare
programs. Although skilled nursing facilities are funded by Medicare,
personal care homes are not Medicare funded.
In 2019, this rule will be introduced, so the elimination of pre-suit binding
arbitration clauses in skilled nursing facilities may not be eliminated
for a few more years.
To learn more about the case, read Sachs’ article