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Texas Health Care Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Texas on
Q: My dad is showing signs of dementia and my mom is in denial

Mom says that dad sundowns and is becoming aggressive by being verbally abusive towards her. My mom depends on a walker to get around, she insists she is fine and can take care of him. I feel they need a live in nurse or be put in a home. My mom won’t hear of it. Will I be held liable if... Read more »

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Oct 28, 2020

While you may not be financially liable, you may find it hard to live with the consequences. At some point your father may lack legal capacity to decide where he lives (among other things). If a physician completes a Physician's Certificate of Medical Examination showing that he lacks total... Read more »

1 Answer | Asked in Health Care Law for Texas on
Q: Can you take a Hospital to court for not upholding their Financial Assistance Policy?

I have a medical bill with Methodist Health System who is a Tax Exempt health entity. They have a financial assistance policy in place that has in section 4.2 of the policy for medically indigent circumstances. The wording states "Medically Indigent" means a patient with medical or... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2020

A Texas attorney could advise best, but your question remains open for a month. To answer meaningfully, an attorney would probably need to see the policy and related communications. Additionally. it's possible there could be forum selection clauses that govern resolution of disputes, whether... Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If a defendant is found guilty of menacing-intimidation only what would be the Judges ruling?

The defendant was having a paranoid schizophrenic bipolar episode. He is on medication and doctors care and attending Alta Pointe. However due to the pandemic they were not meeting with him in person due to this pandemic. His fears are real to him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Oct 15, 2020

Please clarify the question. A defendant being found guilty of anything implies that either that he entered a plea of guilty or no contest or that the prosecuion proved every element of their case beyond a reasonable doubt.

Most, but not all, offenses require some sort of "culpable...
Read more »

1 Answer | Asked in Civil Rights and Health Care Law for Texas on
Q: My imaging center is asking people to wait in their car. Do they have a right to ask me to wait in my car?

I have to have a mammogram and the imaging center is asking people to wait in their car to be called to come inside. I feel that is ridiculous and Texas Health has that policy. If I can't get them to stop that practice I will have to change my whole health care provider. Can I sue them over... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2020

A Texas attorney could advise best, but your post remains open for two weeks. Many facilities are taking similar measures in these difficult times. They may not be explicitly telling people to wait in their cars, but they take in only limited numbers of the public into doctor waiting rooms, post... Read more »

1 Answer | Asked in Family Law, Animal / Dog Law, Elder Law and Health Care Law for Texas on
Q: under what circumstance can my 15 cats be taken from me?
Chad Zubi
Chad Zubi
answered on May 30, 2020

You need to give some more background information. Your question is too broad to give a good answer.

1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Health Care Law for Texas on
Q: Do I have any recourse on either of these?

I was hurt late last summer as I fell/thrown off the side of a goose neck trailer. I was taken to a Concentra for a drug test not for my injury. I never went to the doctor thinking I was just bruised and also having no insurance. I also never said that my back was still hurting because of the... Read more »

Tim Akpinar
Tim Akpinar
answered on May 12, 2020

I'm sorry for your ordeal. Unfortunately, it wouldn't be treated as a personal injury case because it looks like it took place in the course of employment. In terms of no insurance, if there was workers' comp if effect, that might have covered medical expenses. A WC attorney could... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Texas on
Q: I have a couple questions

1. I live with my boyfriend who has 2 adult daughters they do not live at home. The other night after being told not to come over they both barged in the house to come over “talk” to me . Haha they come to stir up problems. I told them to leave I wasn’t talking to them I went to bedroom shut... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 8, 2020

This question is marked as both Georgia and Texas. The exact rules that apply will depend on the location of the house. If the house is in Texas, you can't legally exclude them from the house if they are invited by their father... but you could leave him and move somewhere on your own... and... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Texas on
Q: Can I bring legal action against a doctor that has not responded to seven requests for a prescription refill?

When I contacted the office her assistant told me the doctor has told her to "ignore" all requests for a refill from pharmacies. I have sent two texts and called twice. I am out of my meds at this point, all for hard to treat depression. I have been trying to get refills for two weeks.

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2020

This is a question best handled by a Texas attorney, but you await a response for four weeks. I'm sorry for your difficult situation. If the doctor is refusing to refill based on a medical reasoning in support of your best interests, that could provide them with justification. If they do not... Read more »

1 Answer | Asked in Health Care Law and Immigration Law for Texas on
Q: Im pregnant & have a daughter, we are both citizens. My husband is an immigrant.Will applying for medicaid affect my hub
Stephen Arnold Black
Stephen Arnold Black
answered on Jan 31, 2020

It will as far as you being the financial sponsor. You must show sufficient income to act as his sponsor, and if you cant meet that minimum, then you will need to find someone else who can act as the joint financial sponsor.

1 Answer | Asked in Health Care Law for Texas on
Q: If I cure every disease possible and I can prove it and I need help distributing it

I have more information if your interested

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Jan 14, 2020

You haven't asked a question. If you are able to cure every disease then you should get a patent as soon as possible.

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.

Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2019

I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you... Read more »

1 Answer | Asked in Libel & Slander, Elder Law and Health Care Law for Texas on
Q: What type of attorney do we need and do we have a case for defamation of character? Are they obligated to train us?

My dad is in the hospital and has a tentative discharge date for next week where he will he is supposed to be sent home and we will take care of him. The hospital told us they will give us adequate time to train us to take care of him at home, but when I ask them if they will train us they tell me... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2019

A Texas attorney could advise you best, but your question remains open for two weeks. It sounds like the type of attorney you need is a health care attorney. If you want to pursue the false statement, that would be a defamation attorney. Before bringing attorneys into the mix, why don't you... Read more »

2 Answers | Asked in Estate Planning and Health Care Law for Texas on
Q: A friend is dying. He has one sister and they don’t speak. I don’t know how to contact her and he doesn’t want to. I am

His medical power of attorney. Is it too late to get him to sign a will in hospice? I just want to use his money to pay for his cremation if he even has enough.

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Sep 26, 2019

Legal capacity to sign a Will is not determined by whether or not one is in hospice. You might want to contact a local elder lawyer: we make house calls. If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (eee.naela.org)

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1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: I was told if the state steps in to over see my elderly mother who has dementia they would take her home Is this true?

I live with my elderly mother who has dementia in her home. She is getting to the point where I can't care for her (no one has power of attorney) and I was wondering if I contact Adult Protective Services, would they help me get her help because she wont let me help her. And also someone told... Read more »

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Sep 23, 2019

Not in Texas. You may want to help your mother enter a memory care or a skilled nursing facility, though if she is being neglected because you cannot care for her at home anymore (when would you sleep?), Adult Protective Services may step in. If she has a medical necessity for nursing home care,... Read more »

1 Answer | Asked in Insurance Bad Faith, Family Law, Health Care Law and Medical Malpractice for Texas on
Q: Hello, my question is can a doctor be a beneficiary on an insurance policy in Texas. But I have the death certificate

and how can a doctor get a death certificate and he did not sign for it. also, the doctor does not want to meet with me or talk to me and my mother was mentally ill so I feel she was not in her right mind.

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2019

'Sorry that your question remains open for four weeks. At this point, it might make more sense to contact someone directly, either a Texas attorney who deals with life insurance claims litigation, or a knowledgeable licensed insurance professional in Texas who underwrites life insurance... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: Would a medical poa prevent the APS from removing my dad from his home?

Even though they consider him incompetent he still drives, bathes himself, cooks, does own laundry, fixes stuff around the house, has own bank accounts, etc.

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Aug 16, 2019

Having a POA does not stop the State from removing someone if they believe they are in danger. As I suggested before, you should immediately contact an elder law attorney who does guardianships as well.

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: If I have a POA can the state remove my father from his home because they think he's incompetent?

Started out as complaint about apparent self neglect then escalated to incompetence. Dad does drive safely, does own shopping, bathes, feeds himself, even shaves himself.

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Aug 16, 2019

Do you have a medical power of attorney or just durable POA? I suggest you contact an elder law attorney asap. Sometimes, these investigations can get blown way out of proportion very quickly.

1 Answer | Asked in Health Care Law for Texas on
Q: Is it illegal for a therapist office to keep your money even though insurance paid 100% of the bill?

The therapist office says it will not refund us our money, because they are worried that CIGNA will recoup it's payments. However, it has been about two months since I brought this to their attention that they were getting double paid. They owe us almost $600.

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Aug 13, 2019

You may reach out to the Texas State Consumer complaint department or contact your health insurance provider and tell them.

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: Puerto Rican hospice patient, made POA there.

I am hospice social worker in Texas. I am also a Texas notary. Dtr having difficulty getting POA honored in USA b/c it is in Spanish. Patient is now demented so can’t make a new one.

How can I help.

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Jul 24, 2019

I suggest obtaining a certified translation of the document and attaching it to the original.

1 Answer | Asked in Tax Law and Health Care Law for Texas on
Q: What happens when a company pays employees with a personal check without a pay stub every pay period?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 5, 2019

There is no law or regulation requiring the use of a business account to pay employees. However, there are laws requiring all employers to inform all their employees--at least annually-- of the exact dollar amount they were paid and the exact dollar amounts of all deductions taken out of each... Read more »

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