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Health Care Law Questions & Answers
0 Answers | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Washington on
Q: How to pursue ADA Title II complaint for denial of medical care while in custody?

On January 1, 2025, I was arrested by the Pierce County Sheriff’s Office in Washington following a documented mental health crisis. Despite my visible disabilities, including a traumatic brain injury (TBI), limited mobility, and post-ICU status, I was transported in a non-ADA-compliant sedan... View More

1 Answer | Asked in Identity Theft, Health Care Law and Consumer Law for California on
Q: Can I sue for medical identity theft incident in Sacramento?

I recently discovered that someone used my identity at the Sutter Medical Center in Sacramento, CA, on May 16, 2025, between 9 a.m. and 12 p.m. They received medical care using my name and information but used a different phone number. They were also able to obtain prescriptions from a nearby... View More

James L. Arrasmith
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answered on May 21, 2025

In California, you have several legal grounds to potentially pursue action against both the hospital and pharmacy for allowing fraudulent use of your medical identity. Under California law, you may have claims for negligence against these healthcare entities for failing to properly verify the... View More

0 Answers | Asked in Health Care Law, Tax Law and Gov & Administrative Law for Texas on
Q: Concern about IRS issues with HSA due to pharmacy refund/billing problem and handling manufacturer drug assistance.

I have an HDHP with an HSA, and earlier this year, I used assistance from a specialty drug manufacturer to pay for a prescription. Initially, my insurance counted the amount toward my deductible and out-of-pocket maximum, but reversed it after being told I used a "coupon." The pharmacy... View More

0 Answers | Asked in Gov & Administrative Law and Health Care Law for California on
Q: What type of attorney is needed for unpaid Medi-Cal claims at a facility in California?

I need legal representation for a home facility for developmentally challenged adults dealing with issues involving the California Department of Health (CDPH) and the Department of Healthcare Services (DHCS). They improperly executed procedures, leading to 18 months of unpaid Medi-Cal claims. What... View More

0 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: do I have a possible dental negligence lawsuit? If not, what would my situation fall under?

I have been given the runaround for a root canal procedure that I have needed for the past six months or more. My dental office sent a referral out to an outside specialist to perform my root canal procedure because they recommended sedation. Sedation was recommended because I had multiple... View More

0 Answers | Asked in Health Care Law, Consumer Law and Insurance Defense for Texas on
Q: How can I obtain LTD plan documents after repeated requests and address reduced payments due to misinformation?

Since November 4th, I have unsuccessfully been trying to obtain the governing documents for my LTD plan from the plan administrator. Despite multiple requests through text messages, an email reminder on May 19th, and an additional email and letter sent recently after no results from... View More

1 Answer | Asked in Health Care Law and Civil Litigation for California on
Q: Can I sue my medical provider for delaying and mishandling my disability paperwork?

I want to know if I can sue my medical provider for harassment and delays concerning my state disability paperwork. Initially, they failed to inform me of the requirement to fill out forms manually instead of online. They returned half-filled forms, incorrectly completed sections meant for me, and... View More

James L. Arrasmith
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answered on May 20, 2025

You may have grounds for legal action against your medical provider for the mishandling of your disability paperwork. The repeated errors, delays, and necessity for multiple hospital visits could potentially constitute professional negligence under California law. In California, medical malpractice... View More

0 Answers | Asked in Child Support, Health Care Law and Family Law for Washington on
Q: Should insurance premiums be included in the child support worksheet?

I'm updating the medical support section of a child support order in Washington. It currently states that the father is ordered to provide private health insurance, and the other parent isn't required to pay for the children's health coverage since the father is providing health... View More

0 Answers | Asked in Health Care Law and Gov & Administrative Law for Georgia on
Q: Is it legal for LifeStance Health to refuse access to my deleted medical records?

LifeStance Health has deleted my medical records and is refusing me access. Initially, they claimed I was never a patient, but upon presenting evidence otherwise, I was directed to contact Dayavant for records. They also say their IT department has no record of any such deletion. Despite my efforts... View More

0 Answers | Asked in Criminal Law, Domestic Violence, Health Care Law and DUI / DWI for Washington on
Q: Discovered non-consensual drugging during treatment program, increasing toxicology levels, fear for life. What actions to take?

I've discovered that I'm being drugged without my consent, and I fear for my life. It started when I joined an outpatient treatment program for a cannabis DUI, which they attempted to convert to an alcohol DUI. Over six months, my toxicology reports showed the drug levels increasing from... View More

1 Answer | Asked in Health Care Law, Employment Law and Personal Injury for Florida on
Q: Can I be required to assist in surgeries without being licensed in FL?

I am an operations manager at a healthcare clinic where surgeries and procedures are performed. My employer is requiring me to assist in the operating room during surgeries, despite not being a licensed medical assistant and having never worked in a clinical setting before. Recently, while cleaning... View More

Linda Liang
Linda Liang
answered on May 18, 2025

It really depends on what you are required to do. If the task you are asked to perform requires a license, you should bring it up to your employer. If they knowingly force to do such tasks, they are liable for negligence.

1 Answer | Asked in Military Law, Employment Law and Health Care Law for Florida on
Q: Challenges in returning to civilian firearm work post-hospitalization?

I recently experienced a mental health issue that resulted in hospitalization. My work involves firearms, and I was separated from military service, but not barred from reenlistment. I’m in discussions with recruiters about reenlisting, though my focus is now on civilian roles. Mental health... View More

James L. Arrasmith
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answered on May 16, 2025

This is a deeply personal situation, and it's good that you're thinking carefully about how your recent hospitalization might affect your path forward. In many cases, a mental health hospitalization can impact your legal ability to work with firearms, especially if it involved a... View More

3 Answers | Asked in Immigration Law and Health Care Law for New York on
Q: Seeking advice on transitioning from H1B to F-2 and filing I-485 in NY.

I'm urgently seeking advice regarding my immigration status as my H1B visa expires in early August 2025 (renewal is unlikely). I was selected for the DV Lottery FY2025 and may become current by September, so I'm planning to file my I-485 immediately. My spouse is on an F-1 visa, and I am... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on May 18, 2025

This is a very interesting situation. The main issues are; 1- maintaining legal status, 2- not missing the DV lottery deadline of September 30, and 3- keeping your health insurance.

1- Maintaining your status: You should file an F2 change of status immediately as this would ensure your...
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1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury, Health Care Law and Libel & Slander for Colorado on
Q: Can I sue for unauthorized filming and assault at a pharmacy in Colorado?

Can I take legal action against someone who filmed me without my consent at my workplace in a pharmacy in Colorado? He plans to post the video to an audience of 1.3 million people, which may include HIPAA violations of other patients. Despite my request not to film, he became upset due to waiting... View More

James L. Arrasmith
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answered on May 16, 2025

Yes, you may have grounds to take legal action based on what happened. In Colorado, filming someone in a private setting like a workplace without consent can raise serious privacy concerns, especially if it captures interactions that involve health information. If the video includes patients or any... View More

1 Answer | Asked in Health Care Law for Iowa on
Q: Am I responsible for uncovered medical bills of my independent 18-year-old daughter?

I have my 18-year-old daughter on my medical insurance, but she lives independently and does not live with me. Am I still responsible for any medical bills that my insurance does not cover even though she is living on her own?

James L. Arrasmith
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answered on May 15, 2025

Since your 18-year-old daughter is still covered under your medical insurance, you are generally not responsible for her medical bills unless the insurance plan explicitly states otherwise. Many insurance plans will continue coverage for children until they turn 26, regardless of whether they live... View More

2 Answers | Asked in Collections and Health Care Law for Florida on
Q: Is it legal for a collection agency to sue me over a medical debt, possibly violating HIPAA?

I received an email from a collection company stating they are taking me to court over a medical debt. I am concerned this might be a violation of HIPAA, as my personal health information may have been shared with them without my consent. Is it legal for a collection agency to sue me under these... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 15, 2025

Yes. The fact that you are being sued over a medical debt does not mean that anyone violated HIPAA. The likelihood that your medical information was shared is low, because people in the medical field/collections are exceptionally attuned to HIPAA.

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1 Answer | Asked in Military Law, Health Care Law and Family Law for Illinois on
Q: Can I keep VA health benefits if separated from veteran spouse?

I have been married to a veteran for 14 years, and we are considering living apart due to separation. I am currently receiving VA health benefits as a military spouse. Will I lose my health benefits if we live separately, considering there is no existing separation agreement in place and no prior... View More

James L. Arrasmith
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answered on May 15, 2025

Living separately from your veteran spouse does not automatically mean you’ll lose your VA health benefits, especially if there’s no legal separation or divorce in place. As long as you’re still legally married and your spouse remains eligible and enrolled in a program that covers dependents,... View More

1 Answer | Asked in Health Care Law and Civil Rights for Oregon on
Q: How to find proof of someone's medical records and ethical considerations?

I want to find proof of someone's abortion or pregnancy. I am not facing any legal issues nor seeking legal action; I am just trying to uncover the truth from this person. Are there any legal ways or resources available to access such personal medical records, and what ethical considerations... View More

James L. Arrasmith
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answered on May 14, 2025

You cannot legally obtain someone else's medical records without their explicit consent. These records are protected by strict privacy laws, like HIPAA in the United States, which ensure that sensitive information remains confidential. Trying to access someone's private medical history... View More

1 Answer | Asked in Consumer Law, Collections and Health Care Law for Maine on
Q: Am I liable for medical bills in collections from services received as a minor?

I received medical services, including birth control injections and annual checkups, while I was covered by my stepfather's insurance (Anthem Blue Cross Blue Shield) and under the age of 18. These bills are now in collections. I've contacted the collections agency once to request removal,... View More

James L. Arrasmith
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answered on May 14, 2025

You're right to question whether you're truly responsible for these medical bills. In most cases, minors are not legally responsible for contracts, including medical billing agreements, because they do not have the legal capacity to enter binding contracts. That responsibility typically... View More

2 Answers | Asked in Family Law and Health Care Law for Illinois on
Q: Am I obligated to provide health insurance to stepchildren in IL?

I am a stepfather living in Illinois and have not adopted my stepchildren. Their biological father provides health insurance, although my insurance is currently used as primary. There is no existing court order, legal agreement, or verbal agreement requiring me to provide health insurance for my... View More

Cheryl Powell
Cheryl Powell
answered on May 14, 2025

It wouldn't be a court order with your name on it, it would be a court order that requires your wife to insure them and if she does that through you, then that is the order.

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