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Health Care Law Questions & Answers

Q: If Medicare suspends a physician's payments- Does that physician have a duty to contine to see patients?

1 Answer | Asked in Health Care Law for Delaware on Jun 23, 2012

Answered on Jun 26, 2014

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Charles Snyderman's answer
Generally speaking, a doctor does not have a duty to see a patient. I wish you had given us some background facts. It's possible the answer would be different based on the facts.

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Q: I am my mothers power of attorney,my sister is on disability. How do I become her power of attorney?

1 Answer | Asked in Health Care Law for North Carolina on Feb 28, 2013

Answered on Sep 6, 2013

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Rachel Lea Hunter's answer
Who is her? Your post indicates you are already power of attorney for your mother. Just because your sister is on disability does not mean that she is mentally incompetent to handle her affairs or those of her person. It is up to your sister if she is mentally competent as she can make you her power of attorney if she desires. If she is not mentally competent, then a power of attorney would not work anyway and you would need to file for guardianship.

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Q: If an individual appoints multiple medical powers of attorney, must they all agree on decisions? Who presides?

1 Answer | Asked in Health Care Law for Arizona on Jun 27, 2013

Answered on Jul 15, 2013

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Brian Strickman's answer
This is going to depend on how the multiple individuals are appointed. If they are appointed in a single power of attorney, and there is no direction as to whose decision will overrule the others then it will likely go to court. If there are conflicting documents appointing the power of attorney it is most likely the most recent in time will govern, unless there is language to the contrary. See A.R.S. 36-2309 and A.R.S. 36-3221 through 36-3223. Unless there is agreement most likely a court...

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Q: Can a guardian of an adult give permission for forced psychiatric medication

1 Answer | Asked in Health Care Law for Arizona on Feb 14, 2013

Answered on Jun 25, 2013

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Brian Strickman's answer
In general yes, because under ARS 14-5312 a guardian of an incapacitated person has the same general authority that a parent would have over their unemancipated minor child. The guardian is required to act in their ward's best interest.

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Q: Assist medically dead sister-in-law with after death legal issues (no POA). We live in PA. & she is in GA. hospital.

1 Answer | Asked in Health Care Law for Georgia on Mar 21, 2013

Answered on May 31, 2013

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Rachel Lea Hunter's answer
Not sure what medically dead is. Either she is dead or she is alive but comatose or in a vegetative state. If she is alive, a decision would have to be made to the pull the plug I suppose. If she is dead dead then other than arranging to remove her possessions from her apartment and having her cremated, what is there?

Power of attorney requires people who are living to be mentally competent. Sister in law sounds like neither of these conditions would be met. If she is really dead,...

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Q: My mother had a stroke.I am her medical power of attorney. My sister is disabled,how do I become her P.O.A.?

1 Answer | Asked in Health Care Law for North Carolina on Mar 4, 2013

Answered on Mar 29, 2013

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Rachel Lea Hunter's answer
Medical or financial? Is your sister mentally competent notwithstanding her disability? Where does your sister live?

If your sister lives in NC or GA, I can prepare a medical and/or financial power of attorney for her for a reasonable fee.

If she resides in a state other than NC, she should consult an attorney in that state. Your sister would need to complete a power of attorney and name you as her agent.

If your sister is not mentally competent, then you will need to...

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Q: I just received a bill for an MRI I had on 11/5/08. I already pd $564.01 on 3/6/09. Can they bill me 26 months later?

1 Answer | Asked in Health Care Law for Rhode Island on Dec 17, 2010

Answered on Jan 24, 2013

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Neville Bedford's answer
Send the creditor proof of the prior payment and that should resolve the matter.

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Q: When living in a group home for mentally ill when they go to hospital who recieves the medical records

1 Answer | Asked in Health Care Law for Rhode Island on Sep 6, 2011

Answered on Jan 24, 2013

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Neville Bedford's answer
Medical records may be requested by the patient, their guardian, or treating providers.

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Q: As a psychologst in RI, how do I respond to a subpoena for mental health records requested by lawyers opposing my client

1 Answer | Asked in Health Care Law for Rhode Island on Mar 7, 2012

Answered on Jan 24, 2013

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Neville Bedford's answer
Your practice group will likely have attorneys retained to file the appropriate motions to ensure you comport with HIPPA regulations. If you do not have a practice group with counsel of record, consult with a local attorney who may assist you in filing the proper motions and following procedure of the court.

Neville Bedford

401Divorce.com

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Q: Is there a statute of limitations on refunding money to patients in the State of Florida?

1 Answer | Asked in Health Care Law for Florida on Aug 9, 2012

Answered on Nov 14, 2012

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Robert Jason De Groot's answer
The statute of limitations on contract actions is 5 years. This sounds like it might be a contractual situation.

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Q: In Palm Beach County, FL, can a condo renter w/ a ESA (Dog) tag bring the dog to the pool under ADA ?

1 Answer | Asked in Health Care Law for Florida on Feb 2, 2011

Answered on Aug 1, 2012

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Robert Jason De Groot's answer
I would have to do a lot of research to answer this question accurately. My guess is that yes, if it is a common grounds for the condo, a blind person can use canine assistance when going to the pool.

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Q: I have a brother that went to the hospital for mental problems he has been lost in the system since 1988 how can i find

1 Answer | Asked in Health Care Law for Florida on Nov 15, 2010

Answered on Aug 1, 2012

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Robert Jason De Groot's answer
Perhaps you can hire a private investigator. I know a few of them who have access to many databases.

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Q: Is it legal in new jersey to give shock treatments?

1 Answer | Asked in Health Care Law for New Jersey on Mar 8, 2011

Answered on Jun 3, 2012

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Jake Causing Santos' answer
If you are referring to Electro-Convulsive Therapy, then the simple answer is yes. One of the providers of ECT treatment is located in NJ (Carrier Clinic in Belle Mead, NJ).

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Q: Must health insurance providers pay for mammograms in Indiana?

1 Answer | Asked in Health Care Law for Indiana on Feb 2, 2011

Answered on Jul 20, 2011

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Burton A. Padove's answer
Here you go:

IC 27-8-14-6

Breast cancer screening mammography; coverage

Sec. 6. (a) Except as provided in subsection (f), an insurer must

provide coverage for breast cancer screening mammography in any accident and sickness insurance policy that the insurer issues in Indiana.

(b) Except as provided in subsection (f), the coverage that an insurer must provide under this section must include the following:

(1) If the insured is at least thirty-five (35)...

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Q: Were can i find information on va medical weed laws

1 Answer | Asked in Health Care Law for Virginia on Dec 6, 2010

Answered on Dec 9, 2010

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Paul Overhauser's answer
Virginia does not allow the medicinal use of marijuana. You can find more information here: http://www.mpp.org/states/virginia/

Paul Overhauser

www.overhauser.com

317-891-1500

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Q: Definition of Indiana mental illness

1 Answer | Asked in Health Care Law for Indiana on Dec 8, 2010

Answered on Dec 9, 2010

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Paul Overhauser's answer
For purposes of health insurance, Indiana is one of three states in which a "mental illness" is defined by the insurance policy, not by state law. Thus, the defintion depends on the particular policy. FYI the other two states that take a similar apprach are Minnesota and New Mexico.

Paul Overhauser

www.overhauser.com

318 891-1500

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