Articles and Blogs

Arbitration

Skilled Nursing Arbitration Agreements Are Back with Restrictions – CMS Issues Final Regulations on Skilled Nursing Arbitration Agreements

[08/14/19]

Posted on August 14, 2019 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On July 18, 2019, the Centers for Medicare & Medicaid Services (“CMS”) published final regulations titled “Medicare and Medicaid Programs; Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements” (“Final Regulations”) to Part 483 to Title 42 of the Code of Federal Regulations the Requirements for States and Long-Term Care Facilities. The Final Regulations... READ MORE

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The Supreme Court Announces a Presumption Against Class Arbitration

[05/15/19]

Posted on May 15, 2019 in HR Insights for Health Care

Published by: Hall Render

The Supreme Court of the United States announced a landmark ruling about arbitration clauses on April 24, 2019. In Lamps Plus, Inc. v. Varela, the high court held that an arbitration clause does not permit class arbitration without clearly and explicitly stating so. Chief Justice Roberts delivered the opinion of the Court, reasoning that... READ MORE

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Supreme Court Finds Circuit Split “Wholly Groundless”

[01/09/19]

Posted on January 9, 2019 in Health Law News

Published by: Hall Render

In Justice Kavanaugh’s first written opinion since he joined the Supreme Court, he addressed one of the most common disputes associated with arbitration agreements: who decides what issues should be arbitrated? In Henry Schein, et al. v Archer & White and Sales, Inc.,¹ the Supreme Court held that it is the arbitrator, not the court,... READ MORE

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SCOTUS Enforces Arbitration Agreements: Class and Collective Action Waivers

[05/24/18]

Posted on May 24, 2018 in HR Insights for Health Care

Published by: Hall Render

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... READ MORE

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Sixth Circuit Agrees with NLRB that Employment Arbitration Clause Prohibiting Class Action Arbitrations Is Unenforceable

[06/02/17]

Posted on June 2, 2017 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On May 26, 2017, the U.S. Court of Appeals for the Sixth Circuit issued a decision (NLRB v AEI) holding that an employment agreement provision requiring arbitration of employment disputes, but prohibiting class action or other multiple-employee arbitrations, is unlawful. The court upheld a National Labor Relations Board order striking down the provision. Employees were... READ MORE

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