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 resident or former resident of a nursing facility, without regard to whether the agreement was made prior to or after the effective date of this paragraph. (D) Definition of pre-dispute arbitration 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 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. . 3. Effective date