DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.