Alfini and Guetzow Review CMS's Landmark Reform of Long-Term Care Facility Regulations
In The News | 1 min read
Feb 15, 2017
By: David Alfini, Adam S. Guetzow
Hinshaw attorneys David Alfini and Adam Guetzow, members of the Adult Long-Term Care practice, review in a Bloomberg BNA article the landmark final rule published by the Center for Medicare & Medicaid Services (CMS) that reforms long-term care facility requirements. The 713 page rule was published on September 28, 2016 and represents the largest revision to regulations governing long-term care facilities in over 30 years.
Guetzow and Alfini explain that CMS focused the final rule on modernizing the regulatory structure and codifying regulations instituting patient-centered care. The most significant reform was a ban on pre-dispute arbitration agreements between facilities and residents. However, on November 7, 2016, a federal district court in Mississippi granted a preliminary injunction in a lawsuit challenging this provision, and thus implementation of the ban is currently on hold pending resolution of the lawsuit. Other changes included expansion of resident rights; a new comprehensive person-centered care plan requirement; a codified compliance and ethics program; and new dietary services requirements.
Phase I of the final rule went into effect November 28, 2016. Phase II requirements go into effect on November 28, 2017 and Phase III regulations will go into effect on November 28, 2019.
Read the full article (PDF - republished with permission)
"Reform of Long-Term Care Facility Requirements: CMS's Landmark Final Rule Poses New Challenges" was published by Bloomberg BNA's Health Law Reporter, February 16, 2017. (subscription required)
Related Capabilities
Featured Insights

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture

Press Release
Jun 25, 2026
Scott Seaman Appointed to DRI Center for Law and Public Policy’s Social Inflation Task Force

In The News
Jun 23, 2026
Michael Dowell Explores New OIG Compliance Expectations for MAOs

Press Release
Jun 23, 2026
Jennifer Driscoll Reappointed as the ABA Antitrust Law Section Co-Chair of Comments

Press Release
Jun 22, 2026
Hinshaw Named a Client Service Standout Firm in BTI Consulting Client Service A-Team 2026

In The News
Jun 22, 2026
Lucy Wang Discusses California Insurance Solvency Regulation Addressing Climate Risks

Press Release
Jun 22, 2026
Justyna Regan Appointed Co-Chair of the CBA’s International and Foreign Law Committee

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 18, 2026
Three Key Mortgage Enforcement Developments for Lenders in Illinois




