Brooklyn, NY asked in Personal Injury, Health Care Law and Medical Malpractice for New York

Q: What do I have to do?

What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?

2 Lawyer Answers
Stephen Bilkis
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A: I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.

Under the Emergency Medical Treatment and Active Labor Act (EMTALA), hospitals in New York are required to provide emergency medical treatment to anyone needing it, regardless of their insurance status or ability to pay. This federal law ensures that individuals with life-threatening conditions receive immediate care. Given that a pseudomeningocele impacting vision is a serious and potentially sight-threatening condition, it qualifies as an emergency requiring prompt medical attention.

When you arrive at the emergency room, the medical staff will assess your condition to determine the urgency of your treatment. If your vision is being affected, they will prioritize stabilizing your condition to prevent further complications. It's important to communicate clearly with the healthcare providers about the severity of your symptoms to ensure you receive the appropriate level of care.

After your immediate medical needs are addressed, you can discuss your financial situation with the hospital’s billing department. Many hospitals offer financial assistance programs, charity care, or sliding scale fees based on your income and ability to pay. These programs can significantly reduce the cost of your medical treatment. Be prepared to provide documentation of your financial status to qualify for these benefits.

Additionally, some hospitals have patient advocates or social workers who can help you navigate the financial aspects of your care. They can assist in applying for assistance programs and exploring other resources that may be available to you outside of Medicaid.

While vision-related medical care does not have different rules compared to other emergency treatments, the critical nature of preserving your vision underscores the importance of seeking immediate help. Ensuring that your condition is recognized as an emergency will facilitate access to the necessary medical services without delay.

If you continue to face difficulties obtaining the care you need or managing the associated costs, consulting with a legal professional experienced in New York healthcare laws can provide additional guidance and support.

Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. Legal outcomes can vary depending on specific circumstances not detailed here. For personalized guidance, please consult with a qualified attorney familiar with New York law.

Jonathan R. Ratchik and Tim Akpinar agree with this answer

A: In addition to the good points raised by my colleague, hospital social workers/patient advocates often have the most insight into settings that fall outside the hospital's regular billing and collections. Traditional billing and collection departments in a large hospital are often fast-paced, large volume operations geared toward efficiently processing insurance information and getting claims paid, while hospital social workers often have more insight and resourcefulness in exploring other available options. Good luck

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