Northport Health Services of Arkansas, LLC v. Department of Health and Human Services

Why this Matters
The plaintiffs challenge a regulation prohibiting long-term care facilities from entering into certain arbitration agreements—waiving the right to pursue claims in court, and shifting disputes into a venue where nursing homes have more leverage—with residents or their representatives. Plaintiffs argue that the regulation violates the Administrative Procedure Act, the Federal Arbitration Act, and the Regulatory Flexibility Act. The unique dynamics and vulnerability for older adults and their families associated with nursing home admission have raised concerns about forced arbitration clauses jeopardizing consumer protections. 

Potential Impact
The inability for the federal government to craft regulations related to nursing home arbitration agreements could jeopardize consumer protections and remove options to pursue health and safety claims in court.