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

image of boxing match round 2 card being held up

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

image of marijuana bud sitting on a prescription sheet

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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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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