I 
117TH CONGRESS 
1ST SESSION H. R. 2812 
To amend titles XVIII and XIX of the Social Security Act to prohibit 
skilled nursing facilities and nursing facilities from using pre-dispute 
arbitration agreements with respect to residents of those facilities under 
the Medicare and Medicaid programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2021 
Ms. SA´NCHEZ (for herself and Ms. SCHAKOWSKY) introduced the following 
bill; which was referred to the Committee on Ways and Means, and in 
addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To amend titles XVIII and XIX of the Social Security Act 
to prohibit skilled nursing facilities and nursing facilities 
from using pre-dispute arbitration agreements with re-
spect to residents of those facilities under the Medicare 
and Medicaid programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness in Nursing 
Home Arbitration Act’’. 
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SEC. 2. PROHIBITING PRE-DISPUTE ARBITRATION AGREE-
MENTS. 
(a) MEDICARE.—Section 1819(c) of the Social Secu-
rity Act (42 U.S.C. 1395i–3(c)) is amended by adding at 
the end the following new paragraph: 
‘‘(7) PROHIBITION
ON
USE
OF
PRE-DISPUTE 
ARBITRATION AGREEMENTS.— 
‘‘(A) IN GENERAL.—A skilled nursing fa-
cility may not require, solicit, accept, or move 
to enforce a pre-dispute arbitration agreement 
from or on behalf of any resident, whether the 
agreement is made before, during, or after the 
resident’s admission to the facility. 
‘‘(B) APPLICATION.—This paragraph shall 
apply to the skilled nursing facility and to any 
other business or person providing or respon-
sible for providing skilled nursing services to 
the resident. 
‘‘(C) NO VALIDITY OR ENFORCEMENT.—A 
pre-dispute arbitration agreement shall not be 
valid or specifically enforceable against a resi-
dent or former resident of a skilled nursing fa-
cility, without regard to whether the agreement 
was made prior to or after the effective date of 
this paragraph. 
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‘‘(D) DEFINITION OF PRE-DISPUTE ARBI-
TRATION AGREEMENT.—In this paragraph, the 
term ‘pre-dispute arbitration agreement’ means 
any agreement to arbitrate a dispute when the 
dispute has arisen after such agreement has 
been made. 
‘‘(E) JUDICIAL REVIEW.—A determination 
as to whether and how this paragraph applies 
to an arbitration agreement shall be determined 
under Federal law by a court of competent ju-
risdiction, rather than an arbitrator, without re-
gard to whether the party opposing arbitration 
challenges such agreement specifically or in 
conjunction with any other term of the contract 
containing such agreement.’’. 
(b) MEDICAID.— 
(1) HOME
AND
COMMUNITY-BASED
SERVICES 
AND HOME HEALTH CARE SERVICES.—Section 1915 
of the Social Security Act (42 U.S.C. 1396n) is 
amended by adding at the end the following new 
subsection: 
‘‘(m) PROHIBITING
PRE-DISPUTE
ARBITRATION 
AGREEMENTS.— 
‘‘(1) IN GENERAL.—For home and community- 
based services or home health care services provided 
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under 
a 
waiver 
under 
this 
section, 
section 
1902(a)(10)(D), or any other provision authorizing 
the provision of home and community-based services 
or home health care services under this title, the 
provider of such services (and any employee, agent, 
related entity, or affiliate of such provider) may not 
require, solicit, accept, or move to enforce a pre-dis-
pute arbitration agreement from or on behalf of any 
individual receiving such services, whether the agree-
ment is made before, during, or after the first date 
on which services are received. A pre-dispute arbitra-
tion agreement between such a provider (or entity or 
person) and an individual receiving services (or who 
formerly received services) shall not be valid or en-
forceable, without regard to whether such agreement 
was made prior to the effective date of this sub-
section. 
‘‘(2) DEFINITION
OF
PRE-DISPUTE
ARBITRA-
TION AGREEMENT.—The term ‘pre-dispute arbitra-
tion agreement’ means any agreement to arbitrate a 
dispute when the dispute has arisen after such 
agreement has been made. 
‘‘(3) JUDICIAL REVIEW.—A determination as to 
whether and how this subsection applies to an arbi-
tration agreement shall be determined under Federal 
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law by a court of competent jurisdiction, rather than 
an arbitrator, without regard to whether the party 
opposing arbitration challenges such agreement spe-
cifically or in conjunction with any other term of the 
contract containing such agreement.’’. 
(2) NURSING FACILITIES.—Section 1919(c) of 
the Social Security Act (42 U.S.C. 1396r(c)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(9) PROHIBITION
ON
USE
OF
PRE-DISPUTE 
ARBITRATION AGREEMENTS.— 
‘‘(A) IN GENERAL.—A nursing facility may 
not require, solicit, accept, or move to enforce 
a pre-dispute arbitration agreement from or on 
behalf of any resident, whether the agreement 
is made before, during, or after the resident’s 
admission to the facility. 
‘‘(B) APPLICATION.—This paragraph shall 
apply to the nursing facility and to any other 
business or person providing or responsible for 
providing nursing services to the resident. 
‘‘(C) NO VALIDITY OR ENFORCEMENT.—A 
pre-dispute arbitration agreement shall not be 
valid or specifically enforceable against a resi-
dent or former resident of a nursing facility, 
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without regard to whether the agreement was 
made prior to or after the effective date of this 
paragraph. 
‘‘(D) DEFINITION OF PRE-DISPUTE ARBI-
TRATION AGREEMENT.—In this paragraph, the 
term ‘pre-dispute arbitration agreement’ means 
any agreement to arbitrate a dispute when the 
dispute has arisen after such agreement has 
been made. 
‘‘(E) JUDICIAL REVIEW.—A determination 
as to whether and how this paragraph applies 
to an arbitration agreement shall be determined 
under Federal law by a court of competent ju-
risdiction, rather than an arbitrator, without re-
gard to whether the party opposing arbitration 
challenges such agreement specifically or in 
conjunction with any other term of the contract 
containing such agreement.’’. 
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
This Act, and the amendments made by this Act, 
shall take effect on the date of the enactment of this Act. 
Æ 
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