AHCA seeks injunction of CMS final rule

The American Health Care Association (AHCA) is taking action to block the Centers for Medicare and Medicaid Services from implementing the newly-released final rule.

AHCA filed both a request for preliminary injunction and a supporting memo to prevent CMS from banning arbitration agreements in skilled and nursing care facilities.

“A preliminary injunction is both appropriate and necessary in this situation,” said Mark Parkinson, AHCA and CEO in a press release. “Delaying the implementation of this provision of the rule will allow the court time to examine the legality of the issue.”

Last week, AHCA and four skilled and nursing care centers filed a complaint for declaratory and injunctive relief asking the court find the arbitration provision in the final Requirements of Participation rule unlawful.

The rule is scheduled to take effect Nov. 28. The United States District Court for the Northern District of Mississippi will hear arguments related to the injunction Nov. 3. A ruling is expected by Nov. 7.


Topics: Medicare/Medicaid