Care Homes Argue For Cert, Say 8th Circuit Decision ‘Existential Threat’ To FAA

Mealey's (September 9, 2022, 10:48 AM EDT) -- WASHINGTON, D.C. — In a reply to the U.S. Department of Health and Human Services’ (HHS) brief opposing their petition for certiorari, long-term care (LTC) facilities on Sept. 6 argue that the U.S. Supreme Court should grant certiorari and review the Eighth Circuit U.S. Court of Appeals decision upholding a Centers for Medicare and Medicaid Services (CMS) rule placing conditions on LTC facilities’ use of arbitration agreements because the decision “poses an existential threat” to the Federal Arbitration Act (FAA)....