1. Whether legislation enacted pursuant to the spending power makes private conduct illegal absent a clear statement that Congress intended to do more than place conditions on the receipt of federal funds.

2. If so, whether CMS may make the use of arbitration agreements by recipients of federal Medicare and Medicaid funds illegal, notwithstanding the Federal Arbitration Act.

Whether legislation enacted pursuant to the Spending Clause can make private conduct illegal absent a clear congressional intent beyond federal funding conditions