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201799P.pdf   10/01/2021  Northport Health Svcs. of Ark.  v.  USDHHS
   U.S. Court of Appeals Case No:  20-1799
   U.S. District Court for the Western District of Arkansas - Fayetteville   
[PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Erickson, Circuit Judge] Civil case - Administrative Procedure. The district court did not err in rejecting claims that revised HHS regulations prohibiting long-term care facilities from conditioning the admission of Medicare and Medicaid residents on their agreement to pre-dispute, binding arbitration and giving the residents the right to rescind the binding arbitration agreements, as well as certain other rights, did not violate the Administrative Procedure Act or the Federal Arbitration Act; the regulation was a permissible exercise of the agency's authority under the Medicare and Medicaid statutes and was not arbitrary or capricious under the APA standards; while the agency failed to comply with the procedural requirements of the Regulatory Flexibility Act, the error was harmless.