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Indiana Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law, Libel & Slander and Employment Law for Indiana on
Q: My manager sent out and email with my health information and address on it is this a hippa violation

A screenshot of my Covid test results & home address, where I live alone! Was sent out to 209 people in my department

1 Answer | Asked in Business Law and Health Care Law for Indiana on
Q: Can a local health department determine hours of operation on a define set of business and exclude others?
Tim Akpinar
Tim Akpinar answered on Sep 5, 2020

An Indiana attorney could advise best, but your question remains open for four weeks. In terms of hours, COVID-19 has resulted in many entities having greater leeway in reducing hours or effecting closures at their discretion. In terms of serving some entities and excluding others, that could... Read more »

1 Answer | Asked in Family Law and Health Care Law for Indiana on
Q: Can doctors prevent a married, father from being present at the hospital for his baby’s delivery?

Mother wants to father there but doctors are saying it may not be possible due to the coronavirus outbreak. Mother and father are not known to have come into contact with a virus and are not showing any symptoms or signs of having the virus

Troy Tyson
Troy Tyson answered on Mar 24, 2020

It is unclear how the law will apply to many of the unique situations arising from the COVID-19 outbreak, so at this point any opinion would largely be based on speculation. However, I think it is likely that courts would side with doctors/medical professionals who are taking all reasonable,... Read more »

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Indiana on
Q: Does a jail have to get a prescription to put an inmate on a medication?

I was recently arrested and while being incarcerated the jail put me on a medication called Zyprexa without speaking to any medical staff or doctor. I don't have any prescriptions that I'm supposed to take. The medication they put me on caused extremely visual hallucinations. They gave me... Read more »

James Avery
James Avery answered on Apr 2, 2020

You should not be forced to take medications, especially when they are not prescribed by a physician. This violates the 8th Amendment prohibition against cruel and unusual punishment.

1 Answer | Asked in Health Care Law for Indiana on
Q: Can you send only what you can afford on a hospital bill
Tim Akpinar
Tim Akpinar answered on Jan 13, 2020

You'll hear people say that all the time. A more prudent approach might be to contact the billing and collections department of the hospital and explain your situation and see if you could negotiate for reduced payments. If you simply take it upon yourself to reduce payments to some arbitrary... Read more »

1 Answer | Asked in Family Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: Please, how do I obtain a Psychiatric Advanced Directive? And will it even work?

I've been asking or this for years.

Jonathan Armiger
Jonathan Armiger answered on Oct 9, 2019

Indiana Code sections 16-36-1.7-0.5 to 16-36-1.7-5 deal with Psychiatric Advance Directives, including requirements to execute a directive as set forth in Indiana Code section 16-36-1.7-2. You can view these and other Indiana Code sections online using this website:... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Real Estate Law and Small Claims for Indiana on
Q: Can Medicaid take my house? Or anyone else?

I am joint owner of a house in Indiana via a quit claim deed that states "joint tenants with rights of survivorship". The other joint owner who is my grandma is now in a nursing home and has severe dementia. My aunt took power of attorney over her healthcare and has filed a lawsuit... Read more »

Michael Ray Smith
Michael Ray Smith answered on Sep 27, 2019

If the deed is to you and your grandmother as joint tenants with right to survivorship, you own half of the property (the house and lot) and your grandmother owns half of the property. That's called an undivided interest because each of you has equal rights to the entire property. Indiana... Read more »

1 Answer | Asked in Environmental, Health Care Law and Landlord - Tenant for Indiana on
Q: How do I go about getting information about how to get my landlord to spray for cockroaches in my house with out evicted

Without being evicted is what I meant to say

Tim Akpinar
Tim Akpinar answered on Oct 9, 2019

You would get the most meaningful input here from an Indiana attorney who knows landlord-tenant law. But your question remains open for four weeks and you include Environmental/Health Care as categories. If your apprehension about disturbing your landlord is based on a fear of creating expense, you... Read more »

1 Answer | Asked in Health Care Law, Animal / Dog Law and Patents (Intellectual Property) for Indiana on
Q: Who to best seek help from concerning someone with mental health problems who is about to loose their home

metal health issues. Has gone through all her money. Own her own home but we do not believe paying any taxes. she has a bird and dog she does not take care of. Lives with poop and pee everywhere. will not believe anything we tell her concening her finances. when they kick her out of her house... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 30, 2018

I am sorry to hear of your situation. Your question was listed for patents (inventions). You may have meant paRents but that is not a category.

You may want to post the same question under Family law or Elder law as this is a question of intervening when a family member may not be...
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2 Answers | Asked in Personal Injury, Health Care Law, Landlord - Tenant and Small Claims for Indiana on
Q: Neighbor's dog ran on my property and bit my leg. Do I have a claim?

I was walking out of my garage going to get mail. Next door neighbor's dog ran up to me and started barking. While the minor who was with him told me he (the dog) didn't bite, the dog instead bit me three times. One of those times left a mark on my lower leg. I spoke with one parent who... Read more »

Chase T Wilson
Chase T Wilson answered on May 22, 2017

Do you have a claim?: Maybe, this depends on whether the dog has shown a violent propensity before, this is known as the "one bite" rule in Indiana. Basically, if the dog has never bit anyone before then the owner will not have had sufficient notice of the dog's violent propensity... Read more »

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1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Indiana on
Q: Can an employer tell an employee not to take a prescription from a work-related injury that says to take "as needed"?

An employee gets hurt on the job, complaining of wrist pain in both wrists, along with numbness and tingling in the left arm. Employer sends the employee to the primary care and gets diagnosed with left shoulder region strain, left pectoralis muscle strain, and parathesia. Employee returns to work... Read more »

Chase T Wilson
Chase T Wilson answered on Oct 24, 2017

In this case the employee would likely receive something from the doctor, assuming this is a work comp doctor, saying that he/she will need to be off work for a certain amount of time if the pain is too much. My recommendation in this situation would be to have the employee go back to the doctor to... Read more »

1 Answer | Asked in Health Care Law for Indiana on
Q: My mom won a lawsuit and is on Medicaid and Medicare. How can we protect her benefits

Can she give the money to her kids

Paul Stanko
Paul Stanko answered on Mar 11, 2017

If your mother had an attorney represent her on the lawsuit, she should consult with him. There may be significant tax and estate planning issues that should be resolved BEFORE she gives money away!

2 Answers | Asked in Health Care Law, Contracts, Elder Law and Personal Injury for Indiana on
Q: How do I cover myself from a lawsuit while providing in my home health care for my mother in law?
Paul Stanko
Paul Stanko answered on Oct 1, 2016

If you are conducting a business in your home, talk to your insurance agent about getting a rider on your homeowners policy.

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1 Answer | Asked in Health Care Law, Business Formation, Elder Law and Personal Injury for Indiana on
Q: My wife and I are caring for her mother in our home. Is a LLC or corporation a precaution to limit our liability ?

We are experienced caregivers but wonder about repercussions from a fall or injury to my mother in law.

Chase T Wilson
Chase T Wilson answered on Apr 28, 2017

I'm not sure how you'd be held liable for anything here if you're taking care of your daughter's mother. Forming an LLC seems like a bit much.

1 Answer | Asked in Civil Litigation and Health Care Law for Indiana on
Q: Hospital staff releases info about my chemical blood test and arrest on Facebook Can that result in dismissal of result

Children were involved to with my DUI. Nurse exposed my case and reason for treatment to friends that she saw I had in Facebook. The prosecution will not release blood work all together to my defense. Shouldn't this be a motion to dimiss of evidence in court? The only three people in room,... Read more »

Paul Stanko
Paul Stanko answered on Sep 11, 2016

Your gripe is with that nurse. As long as the result is properly documented, it is unlikely it will be suppressed.

1 Answer | Asked in Medical Malpractice, Consumer Law, Civil Litigation and Health Care Law for Indiana on
Q: I had surgery last year (pre-approved by ins). After, the Anesth. Dr billed me as he was temporarily out of network.

I got insurance pre-approval for the procedure and spoke with the scheduler to ensure that everything was covered so there were no surprises (my exact words). Afterward - the Anesthesiologist balance billed me for the procedure as they said they were out of network. Insurance paid them based upon... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 27, 2016

I would suggest to the facility that arranged for the pre cert that if they have an out of network person for anesthesiology then it is up to them to tell you, and tell the anesthesiologist as he didn't let you know he was out of network you are not paying.

At the same time, I'm...
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1 Answer | Asked in Health Care Law, Business Law and Employment Law for Indiana on
Q: If a business changes from corp owned to franchise can they discontinue short term disability benfits for pregnancy?

I am 6 months pregnant and my current health plan covers up to 10 weeks of paid maternity leave, two additional weeks at partial pay. Totalling 12 weeks. My company just sold to a franchise and they do not offer short term disability in thier health care package. Leaving me with zero paid maternity... Read more »

Paul Stanko
Paul Stanko answered on Sep 17, 2016

Check your employment contract, if any. Then also check your benefits package. If your employer changes, your rights can as well.

1 Answer | Asked in Collections, Health Care Law and Medical Malpractice for Indiana on
Q: Can a hospital change the payment account number on a payment check before cashing it?

I have a medical bill account with a medical bill collection agency. I set up a payment arrangement 6 months ago. The lady who set the arrangement up with me told me that I can continue to send the payments to the hospital with the new account number and they would apply it to the account. Ive made... Read more »

Adam Studnicki
Adam Studnicki answered on Jan 13, 2016

Not sure how this is malpractice, but check with a consumer protection or debtor's rights lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Health Care Law for Indiana on
Q: Must health insurance providers pay for mammograms in Indiana?
Burton A. Padove
Burton A. Padove answered on Jul 20, 2011

Here you go:

IC 27-8-14-6

Breast cancer screening mammography; coverage

Sec. 6. (a) Except as provided in subsection (f), an insurer must

provide coverage for breast cancer screening mammography in any accident and sickness insurance policy that the insurer issues in...
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1 Answer | Asked in Health Care Law for Indiana on
Q: Definition of Indiana mental illness
Paul Overhauser
Paul Overhauser answered on Dec 9, 2010

For purposes of health insurance, Indiana is one of three states in which a "mental illness" is defined by the insurance policy, not by state law. Thus, the defintion depends on the particular policy. FYI the other two states that take a similar apprach are Minnesota and New... Read more »

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