CMS, Arbitration, and Long Term Care Facilities: Round Two

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Author: Amy L. Dilday What is the status of the Centers for Medicare & Medicaid Services (CMS) regulation for arbitration agreements with residents of long term care facilities?  Once again, like it was three years ago, it is on hold.  In 2016, the CMS drafted a major overhaul of its regulations governing nursing homes and assisted living…

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It’s Time to Implement Your Medical Marijuana Policy

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Author: Amy L. Dilday With thirty-three states and the District of Columbia having passed laws legalizing marijuana in some form, it’s time for hospitals, nursing homes, and assisted living facilities to create, finalize, and put their medical marijuana policies into effect. Eleven states have legalized marijuana for medical and recreational use. In twenty-two additional states, marijuana…

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McCumber Daniels Secures First Order Confirming that the Federal Patient Safety and Quality Improvement Act Preempts Florida’s Amendment 7

photo of a surgery in progress

Author: Amy L. Dilday On September 5, 2019, McCumber Daniels Buntz Hartig Puig and Ross’s appellate attorney, Amy Dilday, secured a win on behalf of Tampa General Hospital on a motion for summary judgment that pitted Florida’s Amendment 7 against the federal Patient Safety and Quality Improvement Act.  Article X, section 25 of Florida’s Constitution (commonly referred…

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Abuse and Neglect under Florida’s Adult Protective Services Act: Is Medical Negligence Enough?

image of stethoscope and doctor's documentation

Author: Amy L. Dilday Last month, Florida’s First District Court of Appeal brought welcome clarification to health care providers regarding the difference between a medical negligence claim and a claim for abuse or neglect under Florida’s Adult Protective Services Act.  In Specialty Hospital-Gainesville, Inc. v. Barth, Case No. 1D18-511 (July 15, 2019), the court held…

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Mildred Dukes v. Suncoast Credit Union: Potential for Uniformity on Discharge of Mortgage Loan Debt in Chapter 13 Bankruptcy Cases in the Eleventh Circuit

image of chapter 13 bankruptcy documents

Author: Starlett M. Massey As a general rule, 11 U.S.C. § 1328 (“Section 1328”) states that a debtor is discharged of all debts that are either (i) provided for by the plan or (ii) disallowed.  Section 1328 establishes a few exceptions to discharge, one of which pertains to certain long-term debts that mature after the…

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Much Ado Over Nothing? Ober v. Town of Lauderdale-By-The-Sea

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Author: Starlett M. Massey, Partner at McCumber Daniels In a most welcome 180 degree turnabout, the Fourth District Court of Appeal withdrew its earlier opinion in Ober v. Town of Lauderdale-By-The-Sea and issued a new opinion on Wednesday.  Last August, the Court held that a lien that exists or arises after the entry of final…

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McCumber Daniels’ Tampa Office Relocates to Kennedy Boulevard

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Tampa, Florida –October 2, 2015 – McCumber, Daniels, Buntz, Hartig & Puig, P.A., a full service, Martindale-Hubbell AV-rated civil litigation firm, announced today the relocation of its Tampa office to 4401 West Kennedy Blvd., Suite 200, Tampa, Florida 33609, in the heart of Tampa’s Westshore Business District. The new office is located in the DeBartolo Office…

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