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California Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for California on
Q: Can a religious organization health plan gran non-covered services to one employee's dependent while denying it to other

The employer offers a uniform healthcare plan to all employees with a wellness benefit. When I joined the company I was told in no uncertain terms that the Plan Document Excludes any treatment for Developmental Disabilities including Autism. My wife spoke with customer services and a supervisor... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 6, 2020

Ok, so this is a health plan provided by a religious organization acting in the capacity of an employer. While religious organizations are granted a lot of leeway in choosing benefits within the scope of the practices of the faith, they are still prohibited from other types of discrimination. What... Read more »

2 Answers | Asked in Civil Rights and Health Care Law for California on
Q: Are religious organization health plans subject to 26 CFR section 54.9802-1 Prohibition of Discrimination Requirements?

The plan states in its Plan Document "any therapy or service for a developmental disability/DD is a non-covered service under the plan". When consulting with customer service & doctors who are providers in the plan, members are told that services for DD dependents are excluded from... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 5, 2020

I'm pretty sure that religious organizations are exempt from the requirements relating to discrimination in this context. The rules allow them to discriminate, period, and I can't think of a single legal remedy that might be available to you. Nonetheless, even if they can legally... Read more »

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1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for California on
Q: Health department employee use my medical information and give it to someone else to get tested for covid-19

SFPHD employee lie about me going to a clinic to see her 2 times in August and then keep logging in to delete some information on my chart

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

Identity theft is a crime, so one place to go is to the police, with whatever evidence you can gather about this. You might contact the testing center and request copies from "your" test, since "you" were the patient, you are entitled to them. The next place to go is to the... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Libel & Slander and Personal Injury for California on
Q: A notice of suspension. (NOS) to Poppy Trails Trailer par pursuant health and safety code18510 & 18511 18870.11 18870.12

Health and safety code section 18510 18511 and or 18870.11 18870.12

Notices on dates January 1, 2016. October 25th 2018 and May 27th 2020 ordering you to renew your expired PTO or to be subject to the PTO suspension of civil penalties and criminal procedures penalties including dates on the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2020




2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My Drs medical assistant fraudulantly reported to a specialty pharmacy , that I was no longer a patient! Can she do that
Robert Dourian
Robert Dourian answered on Sep 8, 2020

Fraud is fraud. If all the elements of fraud are met, its not malpractice but Fraud. In this case most likely Fraudulent Misrepresentation. The problem with Fraud claims however, is PROVING IT.

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1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My Dentist filed a fraud claim to both a insurance company and Medi-cal in California.

Although the money was paid back I lost the benefit from Medicare that allows this procedure only once every 5 years. This was not the first time this office has billed for more than services I received. I thought that I was only approved for a cleaning only to find out I was approved for a deep... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 28, 2020

Fraud has a 3 year statute of limitations from the date of discovery. Perhaps you should sue the dentist for fraud. You could even go to Small Claims if it is less than $10,000. You should definitely consult with a Dental Malpractice attorney in your area.

Justia disclaimers below,...
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1 Answer | Asked in Health Care Law for California on
Q: Can I be forced to provide primary health insurance coverage to my dependents.

I mostly work part time without benefits. This year I have full health benefits for the first time and added the kids as a back-up for them, thinking my ex’s insurance would stay their primary provider. Now I’m being told that since my birthday is earlier in the year, my insurance is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 1, 2020

Actually this is "Family law" not "health care". As I read the quoted Court Order, which is still in effect and controls the situation, "the EMPLOYEE parent with such benefits shall provide for the health insurance of the children", so as I understand this, it means... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for California on
Q: Can Walmart deny entry to buy masks if u previously don’t own one? Especially in the times of this pandemic
Louis George Fazzi
Louis George Fazzi answered on Jul 20, 2020

Sounds like a real Catch 22 doesn't it? You go in to buy a mask because you don't have one, but they won't let you in because you don't have a mask on.

It seems to me that before they can refuse entry due to lack of a mask, they must first offer you one to wear while you...
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2 Answers | Asked in Social Security and Health Care Law for California on
Q: Is it Too late to Fix my Disability claim?

About a 2 years ago i was diagnosed with Lymphoma and applied for disability and hired a lawyer, due to an issue it got delayed about a year till this march/april. at the time from the way things were going i had assumed i would be right as rain and back to normal within a month from what the test... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 14, 2020

When you state that you "applied for disability," was that for State Disability Insurance, "SDI", or Social Security Disability Insurance "SSDI", or for Supplemental Security Income "SSI"?

If you are taking about SSDI, then you must have 40 units of...
Read more »

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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I have a young Daughter with Respiratory heath issues I have a note from her Doctor.

I work in small office no windows no ventilation and really very little distancing and no safety measures .I have been working from home since March. They want us to all come back but someone tested positive for covid so they told us to wait . There is really no safety precautions and its a small... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Hope your daughter is well. No law will stop your employer from doing what it wants to, reference your job, you get protected by the Law after the fact of being terminated for a justifiable concern over contracting and spreading the CV to your susceptible family. There is the slight chance that a... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: In the state of CA can you change a last name but not get officially married to avoid increased health insurance cost?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jun 30, 2020

Yes, you can change your name without getting married. However, you should consult with a Family Law attorney to get the best advice before making any decisions. Good luck!

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: How can I get my constitutional rights and human rights restored after being removed by overzealous retaliatory actions

I am unable to get unmonitored cellular,cable or DSL service. My electronic communications and photos are censored and even my web hosting and DNS service is "reprovisioned" and redirected. I'm refused paramedic treatment and treatment at my regional trauma center. (I was called a... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 26, 2020

You need to contact a good civil rights attorney immediately. If this has been happening for such a long period of time, you will have to explain why you have not taken this step long ago. It just may be that the statute of limitations, which sets out the time within you must act on your own... Read more »

1 Answer | Asked in Products Liability, Civil Litigation, Health Care Law and Wrongful Death for California on
Q: How do I sign up class action in Case No. 2:19-cv-07471 against Whole Foods(Starkey water)I've developed liver fibrosis.

I have been drinking Starkey water from Whole Foods for many years until I found out just last Friday on 06/19/2020 that it is very high in arsenic levels. I have developed liver illness (advanced fibrosis). I live in San Francisco of California.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 26, 2020

I'm sorry for your issues. You do NOT want to normally be part of a class action as the remedies offered are rarely as good as the remedies you can get on your own. Your more important question since you are automatically part of the class if you fit the class description, is "How do I... Read more »

3 Answers | Asked in Employment Law and Health Care Law for California on
Q: My boss sent out a company wide email saying I put everyone at risk for covid 19, is this legal?

A company wide email was sent with my name and claiming I was reckless with everyone's health. I received texts from co-workers asking about my own and family's health situation.

I had no symptoms but merely informed them that I had come in to contact with someone who had tested... Read more »

Maurice Mandel II
Maurice Mandel II answered on May 21, 2020

I like Neil's answer, it is very thoughtful.

The problem is from what you said, it is not clear how the employer got this information, or whether it was confidential health information. Even if not, he could be defaming you. Have you been tested? Negative?

Keep that email,...
Read more »

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1 Answer | Asked in Civil Rights, Elder Law, Health Care Law and Medical Malpractice for California on
Q: Does a doctor need an adult-patients consent to give them an anti-depressant?


I am 64yo was in a hospital being treated for intestinal issues for a few days by an Internal Medicine MD I do not know and barely spoke with and today the nurse came in my room to give me medications which included four new capsules. I found out they were anti-depressants and they... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 18, 2020

You are not required to take any medications you have not first discussed with a physician. Also, if the antidepressants were not prescribed by a treating psychiatrist, I would seriously question why they were prescribed and for what symptoms, and what diagnosis justifies the prescription.... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: I have a slip and fall personal injury neligence. , Other lawyer he's putting words in my mouth , I want to ask the

If they can put this on hold , because I am representing my self, other lawyer keep sending papword to fill out but I need to go to the help center that way they could help me fill the papers I don't cuz I don't know what I'm doing he keeps sending me papers over and over putting... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

You need to get an attorney. Contact a member of the Consumer Attorneys of California (CAOC) --they give free consults. Of course the other lawyer can run rings around you--he or she went to law school. Get a free consult so you understand the basics. Then you can decide whether it's worth... Read more »

1 Answer | Asked in Immigration Law, Health Care Law, Public Benefits and Social Security for California on
Q: Permanent resident can't receive CalFresh not cash assistance?

My GF has had applied for CalFresh assistance and just has received a phone call from the worker asking all sorts of questions.

According this worker, they expect that GF would supply details about how she had obtained the green card many years ago, along with detailed information about her... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2020

She only needs to provide proof of lawful permanent resident status by way of her alien number. Perhaps, she can also show a copy of her ‘valid card.’ She has no other status, so other questions seem irrelevant, perhaps, unless this concerns more, which seems questionable.

Any other...
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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Hi I was wondering if my job is allowed to take away paid time off that was already approved due to the virus?

My job gave us 2 paid weeks off and I got it approved both in person and email on Monday. Well on Friday they called everyone and said that now we must come to work if we want to be paid due to it being an essential business. They are now allowing us to stay home the 2nd week but it will not be... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 23, 2020

Paid time off is a discretionary employer provided benefit, and therefore the employer can administer it as it wishes as long as it is not being administered in an unlawfully discriminatory manner. What you describe does not appear to be unlawful.

Good luck to you.

2 Answers | Asked in Employment Law, Business Law, Civil Rights and Health Care Law for California on
Q: My company does not comply with the State of California's "Stay at Home" order and is not within the critical businesses

While many of my company's employees have began working from home, a few departments are being required to go into the facility to continue work.

The company is not within any of the critical business sectors outlined within... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 21, 2020

First, you should comply with the state Stay at Home order as best you can. If you have a critical position within the company, you should discuss the issue with your immediate management or someone in Human Resources, if there is one in your company. Generally, use good common sense for yourself... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can you sue if a Technician ruptures your eardrum when your getting an MRI done?

My Mom went to go get an MRI done & the Technician shoved the earplug in her ear so hard that it ruptured her eardrum causing her to have to go to the ER straight from the MRI place.

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 17, 2020

Maybe. How do you prove that it was the force of the technician that caused the rupture? Do your mom's medical records reflect this?

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