Hunt & Associates P.C.

Nov 10, 2016

Court Puts a “Hold” on New Federal Rule Banning Arbitration in Nursing Home Contracts

Senior citizensWe recently blogged about a new rule issued by The Center for Medicare and Medicaid Services (CMS) which restricts nursing homes that receive federal funds from imposing arbitration agreements on their new residents. This new rule (Rule) was scheduled to take effect on November 28, 2016.  It would prevent such facilities from requiring that their new residents sign pre-dispute arbitration agreements as a condition of entry to the facility.  CMS believed the Rule was needed … Read more

Oct 27, 2016

Long-Term Care Facilities’ Use of Arbitration Restricted by New Federal Rule

Elder to rest homeMore than 1.4 million Americans reside in one of the more than 15,000 long-term care (LTC) facilities in the U.S.[1]  Late last month, the Centers for Medicare and Medicaid Services (CMS), the federal agency responsible for those federal programs, issued new rules affecting LTC facilities which participate in Medicare or Medicaid.  Included among these new rules is a prohibition against pre-dispute arbitration provisions.

Up until now, most LTC facilities required their residents to sign … Read more

Jun 13, 2016

When the Government’s Production of “Laws” Exceeds Its Ability to Digest Know What It Has Produced

Congress often delegates its legislative authority to administrative agencies which exercise that authority to revise, interpret and define legislation.  The increasing volume of such administration has caused one federal circuit court to note that even the government agencies were apparently incapable of knowing what their own “law” is.

One recent case the appellate court panel noted took the court,

“. . . to a strange world where the government itself – the very ‘expert’ agency … Read more