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Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law for Ohio on
Q: Is it legal for a medical office to require a down-payment only from self pay patients and deny care otherwise?

This a specified amount that only applies to patients without insurance.

1 Answer | Asked in Health Care Law for California on
Q: Does your employer have to give you 30 days to review health benefits for the upcoming year?

Last year we only had 6 days to decide on our benefits. This year I asked to be informed early and was told there isn't any law that requires them to give us 30 days to review our benefits.

James L. Arrasmith
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answered on Nov 19, 2024

In California, there is no specific law requiring employers to provide 30 days for health benefit review during open enrollment periods. While it's considered a best practice to give employees adequate time to review their options, employers have flexibility in determining the length of the... View More

0 Answers | Asked in Personal Injury, Workers' Compensation and Health Care Law on
Q: I work with UN mission in Bosnia and have some questions and would like an anonymous advice or cooperation.

I work here almost 6 years, mostly urgent matters, I used to do camps 12 hours shifts many job tasks a day plus local transports.Later on i moved to Mobile teams driving sometimes up to 14-15 hours a day Local routes, I started having back issues and i neglected it, My backpain and Neck is getting... View More

0 Answers | Asked in Personal Injury and Health Care Law for Idaho on
Q: Do I have any chance with a case? Feb 14th 23' I was dropped on my R artificial knee. Broke my femur & both ankles.

Feb. 2023 I came to help out my housebound mother and to celebrate my Pop's birthday. Pos was a residence at Lakeside in Polson. I got severely sick and was taken to St Luke's in Ronan. Admitted for severe dehydration and RSV. I needed to go potty and had voiced that since I had been... View More

0 Answers | Asked in Health Care Law for South Carolina on
Q: Can BCBS deny medical authorization under intoxication exclusion in South Carolina?

Self insured group health plan for public company using BCBS as the plan administrator. Without medical treatment, this individual would have died. They had life saving procedures and operations performed which are being denied coverage.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I went to emergency for severe abdominal pain 3 different times and each time they sent me home with pain meds oxycodone

I’ve been in and out of hospital for the last 11 months for pancreatitis. So when I had severe abdominal pain I went back to emergency at they same hospital I was treated at they just gave me pain meds(oxycodone) and sent me home. I asked them to do a CT scan because I had stints put in and... View More

James L. Arrasmith
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answered on Nov 18, 2024

Your situation sounds incredibly frustrating and painful, both physically and emotionally. I'm very sorry you've experienced this ordeal with delayed treatment that led to complications and addiction.

Based on what you've described, you may have grounds for a medical...
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1 Answer | Asked in Health Care Law for California on
Q: True statement? 60 day calculation per 8.104(a) rule.

True statement? 60 day calculation per 8.104(a) rule.

In case when motion for reconsideration was denied, after motion to set aside dismissal was denied.

60 days are calculated from date when motion to set aside dismissal was denied.

James L. Arrasmith
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answered on Nov 17, 2024

This is incorrect regarding California Rule of Court 8.104(a) timing calculations.

When dealing with multiple post-judgment motions, the 60-day period to file a notice of appeal runs from the earliest of: the date of entry of denial of the motion for reconsideration, or the date of entry...
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1 Answer | Asked in Health Care Law for California on
Q: I need help with my health because of inadequate health providers

I have been on my back for 4 weeks now and on morphine just to be able to lay down . I twisted wrong and blew up a three and a half year long serious trauma because I fractured my sacrum they a sacral plasty the area about four years ago since then I have continually gotten worse. I have sciatica... View More

James L. Arrasmith
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answered on Nov 17, 2024

Your situation sounds incredibly painful and frustrating, especially being confined to bed for so long while dealing with severe back and leg pain. The fact that the injection provided temporary relief is actually valuable information - it helps confirm the location of the problem and suggests... View More

1 Answer | Asked in Health Care Law for California on
Q: How to determine if 90 days or 180 days deadline applies in this situation?

CRC Rule 8.108 defines in relevant part (e)(2)(3): the earliest of

(2) 90 days after the first motion to reconsider is filed; or

(3) 180 days after entry of the appealable order.

How to determine if 90 days or 180 days deadline applies when Plaintiff's first motion for... View More

James L. Arrasmith
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answered on Nov 16, 2024

When your first motion for reconsideration was denied, the 90-day deadline would apply in this situation under CRC Rule 8.108(e)(2), starting from the date you filed that first motion.

The rule sets up these two timeframes as alternative deadlines, and the key phrase "earliest of"...
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1 Answer | Asked in Health Care Law for California on
Q: To which Court Plaintiff has to submit appeal?

If Plaintiff's Motion for Reconsideration in civil unlimited case was denied in California Superior Court, to which Court

Plaintiff has to submit appeal?

James L. Arrasmith
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answered on Nov 16, 2024

In California, after a denial of a Motion for Reconsideration in a civil unlimited case at the Superior Court level, you would need to file your appeal with the California Court of Appeal for your district. Los Angeles cases specifically fall under the Second District Court of Appeal's... View More

1 Answer | Asked in Health Care Law for California on
Q: How to appeal in california court's decision to deny plaintiff's motion for reconsideration? statutes, rules

How to appeal in california court's decision to deny plaintiff's motion for reconsideration? What statutes, rules define this process?

James L. Arrasmith
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answered on Nov 16, 2024

To appeal a denial of a motion for reconsideration in California, you'll need to follow specific procedures under California Code of Civil Procedure Section 1008 and the California Rules of Court.

You must file a Notice of Appeal within 60 days after being served with notice of entry...
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1 Answer | Asked in Estate Planning, Family Law and Health Care Law for Indiana on
Q: Who is in charge of the care of father in law, his only child has passed away? Myself, his daughter in law? Grandkids?

My husband passed away last year. Father in law is very ill. Am I the care consultant for my father in law since his only child has passed away? Am I responsible for my father in-law in medical decisions and life after death? Burial? Funeral? His estate?

Robert York
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answered on Nov 16, 2024

The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with... View More

0 Answers | Asked in Health Care Law for Virginia on
Q: Doctors gave my brother 6 months to live so that the hospice facilities will refuse to take him in because of drugs

Sentara hospital Norfolk off of Princess Anne road. His attending Doctor and one of the attending nurses guilted my niece his daughter into agree to take him to her home and no way to take care of him.

0 Answers | Asked in Health Care Law for Missouri on
Q: How can a local provider tell me I am responsible for the bill if the VA sent me there?

The VA has agreements with local providers to see veterans. This says they will accept the amount the VA pays. The veterans pays nothing. So when I went to one of these appointment, the provider said either I sign their agreement or I will not be seen. Their agreement stated that I'm... View More

0 Answers | Asked in Employment Discrimination, Health Care Law and Nursing Home Abuse for Nebraska on
Q: I reported misuse of resident funds, They are being investigated for fraud. I am blamed. I want to leave.

I am working with the attorney general. They know. My job is hell now can I collect unemployment due to hostile work environment? Prior to this I was told I was doing a fabulous job. When they realized I had reported them everything changed. My boss attacks me verbally every day poor stupid things.... View More

0 Answers | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Oregon on
Q: I’ve been working as a surgical technologist for seventeen years and never told carcinogens are in the smoke during?

I was never told there are carcinogens and other cancer causing chemicals from the smoke that is released when we cauterize. I see so many articles showing how bad it is. I was diagnosed with invasive ductal carcinoma July 2023. Along with this I get headaches, and congestion a lot when I’m at... View More

0 Answers | Asked in Family Law and Health Care Law for Texas on
Q: How can I make the hospital disclose the date that the destroyed pathology specimens?

The hospital had an internal policy requiring them to maintain the pathology specimens for 11 years. They were given multiple notices to retain the specimens so that I could take charge of them for research purposes. I properly submitted the letters testamentary and prove that I was the sole and... View More

0 Answers | Asked in Civil Rights and Health Care Law on
Q: Why is abortion illegal in Alabama and other us states?

I am doing a school study on Roe v. Wade and legal situations regarding abortion in different states. I know that abortions are illegal in alabama but what where the reasons to enforce this law?

Regards

0 Answers | Asked in Civil Rights and Health Care Law on
Q: Hello, are there statistics, on how many women wanted an abortion in alabama but got them denied by the court? Regards

I am currently working on a magazine about Roe v. Wade and the legal situations regarding abortion in alabama and california. If you have more informations about those topics, that you would like to share, please do. Best Regards

0 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Tennessee on
Q: It it illegal to access school records of a minor (17 years old) in tennessee without permission?

I am 17 years of age and recently found out my boyfriend’s family is doing research about me without permission I just need to know what kind of information of a minor is illegal to access in the state of tennessee.

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