Arbitration Agreements and Long-term Care Facilities

Can a long-term care facility require its residents to sign an arbitration agreement before they are admitted? This question has been a hot topic for several years, now, and it appears that regulators have now reached a compromise with the industry and patient advocates on the issue. To understand the compromise, a little history on the issue is helpful. The use of arbitration agreements by long-term care facilities was banned by The Centers for Medicare & Medicaid Services (CMS) in October 2016. A few days later, the American Health Care Association and a collection of nursing homes filed suit. They were awarded an injunction. In response, in June 2017, CMS published a new proposed final ru

The Hidden Factor in Workers' Compensation Claims

I have been practicing workers' compensation law in Abilene, Texas for several years now. One of the more complicated issues that tends to arise in these claims is the scope of the "compensable injury." The "compensable injury" is often the key to winning or losing in a workers' compensation case, because it controls virtually everything that happens over the course of the claim. In short, the "compensable injury" is any medical condition that the insurance company is obligated to cover in connection with an injured worker's case. If a medical condition is part of the "compensable injury," then the carrier is legally obligated to pay for reasonable and necessary medical treatment for that co

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