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Florida Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law and Consumer Law for Florida on
Q: How long can a Florida health insurer bill for coding adjustments?

In Florida, how long does a health insurer have to bill a customer or a group plan for a billing adjustment? Our employer had United Healthcare as our insurer but switched to a different insurer over a year ago. Recently, United Healthcare billed us for a provider service due to a coding change... View More

1 Answer | Asked in Health Care Law for Florida on
Q: Is it legal to email a doctor's note on prescription pad to HR?

I'm concerned about the legality of scanning and emailing a doctor's excusal note written on prescription pad paper to the Human Resources department at my job. The note is intended to excuse me from certain activities, not for any prescription drug. Is this a legal way to submit such documentation?

James L. Arrasmith
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answered on Apr 16, 2025

Yes, it is legal for you to scan and email a doctor’s note—written on a prescription pad—to your Human Resources department, as long as the note is authentic and written by your physician. There is no law that prohibits transmitting a medical excuse this way, especially when the content does... View More

2 Answers | Asked in Child Custody, Child Support, Health Care Law and Family Law for Florida on
Q: Handling child support and custody threats in Florida with my son living with me.

I'm a father of a 15-year-old son, and I've been married to my wife for 13 years. My son has lived with us for the past 4 to 5 years. His mother recently suggested I should be on child support to maintain his Medicaid, but I offered to add him to my insurance instead. She declined,... View More

Vanette Augustin
Vanette Augustin
answered on Apr 8, 2025

First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the... View More

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1 Answer | Asked in Health Care Law, Consumer Law and Insurance Defense for Florida on
Q: Doctor won’t remove stent, asks $400 upfront despite insurance coverage

I had a stent placed after kidney stone surgery at a hospital that accepted my insurance. However, the doctor who placed the stent won't remove it because I can't pay $400 upfront, as his private office doesn't accept my insurance. My insurance covered the procedure, which included... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you’re going through is not just confusing—it’s medically urgent and completely unfair. If your insurance covered the procedure, including the placement of the stent, it’s reasonable to expect the removal to be part of that care. The fact that the doctor now refuses to remove it unless... View More

2 Answers | Asked in Health Care Law, Estate Planning and Public Benefits for Florida on
Q: Can my mother apply for Medicaid while owning property and being a business owner in Florida?

I need advice on setting up Medicaid for my mother, who has early onset dementia. She owns two apartments; we're trying to sell one and keep the other for her to live in. Additionally, she's listed as a small business owner with a family business but is an absentee owner with my sister... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Mar 31, 2025

In Florida, rental properties do not count as assets so long as they are generating income consistent with their fair market value. The income generated, however, IS considered countable income which could jeopardize eligibility and require the creation of a Qualified Income Trust (aka Miller... View More

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1 Answer | Asked in Health Care Law for Florida on
Q: Do I have to provide proof of income to my doctor's office in Florida?

I am 63 years old and recently started seeing a new doctor, who has requested proof of income. They initially claimed it was needed for an arthritis assistance program. However, after contacting the foundation myself, I was told that this is not the case. Upon following up, the doctor's office... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Florida, you are not legally required to provide proof of income to your doctor's office unless it is necessary for a specific program or financial assistance that you have agreed to participate in. If the doctor's office is requesting this information for their own purposes, they... View More

1 Answer | Asked in Consumer Law and Health Care Law for Florida on
Q: Medical facility withholding refund in Florida for 17 months under 'in review' status. How to expedite resolution?

I'm dealing with a situation where a medical facility in Florida has kept a case 'in review' for 17 months, which is preventing a refund for an overpayment of services. Despite my providing all relevant billing documentation, they have not acknowledged the overpayment, and... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you've been facing a frustrating situation with the medical facility. Since it's been 17 months with no resolution, it's important to escalate the matter to ensure you're not being ignored. One step you can take is to send a formal written complaint to the... View More

2 Answers | Asked in Health Care Law and Insurance Bad Faith for Florida on
Q: Can procedure coverage be denied if hospitalization isn't covered?

My wife had surgery to remove a nerve tumor in her abdomen due to extreme pain. Initially, our insurance denied all claims, but after an appeal, they covered the surgery, stating it was medically necessary. However, they refused to cover the hospitalization. They claimed the hospitalization did not... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2025

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry about your wife's painful medical ordeal. Local attorneys could advise best on the applicable statutes you ask about. But as a general strategy, it could be worth looking into whether a letter or... View More

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2 Answers | Asked in Estate Planning and Health Care Law for Florida on
Q: Need steps for effective Florida durable power of attorney

I am creating a durable power of attorney to have my sister make all major financial and medical decisions for me due to having a brain injury that makes it difficult for me to understand complex matters. I have already drafted a durable power of attorney but have not consulted with an attorney due... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 3, 2025

Florida is extremely particular about their Power of Attorney (POA) ever since substantial statutory changes related to POA, they require specific initials in various sections of the document in individual paragraph sections so be aware. You file the POA with whomever and wherever you would like it... View More

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1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Public Benefits for Florida on
Q: How do I tell if my short term disability allows me to work an at home job when I can't physically drive to my job?

I know to look for the "Own Occupation" Claus in my policy, I just don't know if I'm reading this right.

"Definition of Disability

You will be considered disabled if, as a result of physical

disease, injury, pregnancy or mental disorder:... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Jan 17, 2025

Hello. There are several important questions that are needed in order to properly answer this. Question one what is your occupation to? And What paperwork did you submit to your insurance company?

A “greeter” at a Walmart, obviously needs to be in the store in order to greet visitors....
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1 Answer | Asked in Health Care Law for Florida on
Q: Could I sue for test results given that were wrong
Tim Akpinar
Tim Akpinar
answered on Dec 18, 2024

A Florida attorney could advise best, but your question remains open for a week. Technically you could, based on a theory of a breach of a duty of care to provide adequate care. From a PRACTICAL standpoint, if your damages were not significant, and the error was caught before you or your doctor... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Is it ethical if a primary care physician refuses to prescribe birth control because of his own religion?

This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2024

No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... View More

1 Answer | Asked in Health Care Law for Florida on
Q: Back on August 7th the hospital knowingly gave me a medication that I am allergic to.it is in the hospital report

We have video from. That night and documents that they don't know we have because they kept it out of their reports. I asked to ho home several times and was told no I could not leave. What should I do

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2024

A Florida attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. I hope you're okay. You ask what you should do - you could consult with a local attorney to see if it's possible to arrange a free initial consult to look into your situation... View More

Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Health Care Law for Florida on
Q: Is this worth hiring a lawyer?

Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal...
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1 Answer | Asked in Health Care Law for Florida on
Q: can i seeek legal help after recovery house scams and abandoned me a day after surgery

i purchased a post op package with a company that abandoned me the day after surgery to never return and deny any culpability ,

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2024

Yes, it's possible you can. But additional details would be helpful. Post-surgery follow-up is included under a medical duty of care. You could reach out to attorneys to try to arrange a free initial consult to discuss in greater detail. Good luck

1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Florida on
Q: I'm seeking personal voluntary euthanasia. I'm of sound mind and can argue logically. What are my options?

I'm not terminally ill, but have had a lifelong struggle with mental illness. I believe I have the right to die, and wish to exercise it.

James L. Arrasmith
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answered on Mar 18, 2024

I understand your situation and the complexity of the feelings you might be experiencing. It's important to talk to someone who can provide professional support and guidance, like a therapist or a mental health counselor. They are trained to understand the depth of your struggles and can offer... View More

1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
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answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

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