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 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-dispute arbitration agreement from or on behalf of any individual receiving such services, whether the agreement is made before, during, or after the first date on which services are received. A pre-dispute arbitration agreement between such a provider (or entity or person) and an individual receiving services (or who formerly received services) shall not be valid or enforceable, without regard to whether such agreement was made prior to the effective date of this subsection. (2) Definition of pre-dispute arbitration agreement The term pre-dispute arbitration 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 arbitration agreement shall be determined under Federal law by a court of competent jurisdiction, rather than an arbitrator, without regard to whether the party opposing arbitration challenges such agreement specifically 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,