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Kansas Health Care Law Questions & Answers
1 Answer | Asked in Civil Rights and Health Care Law for Kansas on
Q: If a person hasn’t signed a HIPPA Oath are they allowed to record patient in a clinic without written consent?

I am a receptionist concerned with the rise of First Amendment Auditors and want to know how to approach a person who would come into the clinic and start recording PHI, staff, and patients without there written consent in the hypothetical situation this occurs? For clarification I work at a FQHC... View More

James L. Arrasmith
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answered on Jun 15, 2024

If someone comes into your clinic and starts recording, it is important to address the situation promptly. Despite Kansas being a one-party consent state, HIPAA regulations still apply in your healthcare setting, which prioritizes the privacy of patient health information (PHI).

When...
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1 Answer | Asked in Health Care Law, Personal Injury and Workers' Compensation for Kansas on
Q: Can my health insurance carrier legally compel me to file a workers compensation claim for my workplace injury in Kansas
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. Although you're awaiting a response, you should consider reaching out to experienced workers' comp attorneys in your state to discuss this. As a general matter, insurance carriers will often deny coverage... View More

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Health Care Law for Kansas on
Q: Is anyone taking Abilify cases anymore?

My husband has been on Abilify for 20 years. He recently found out that Abilify could cause compulsive behaviors e.g., gambling and compulsive shopping. He changed medications about a month ago and quickly started to see the differences. The urges were gone, and he was able to admit to his... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. You would probably need to research online and reach out to law firms. Product liability firms that handle cases involving medications generally advertise the... View More

1 Answer | Asked in Elder Law, Health Care Law and Insurance Defense for Kansas on
Q: How many questions can I get for $69?
Tim Akpinar
Tim Akpinar
answered on Mar 20, 2023

A Kansas attorney could advise best, but your question remains open for four weeks. There is no charge for posting questions here. But if you reach out to attorneys on this site to set up a consult, that's beyond the scope of this Q & A forum. Any terms are between you and attorneys you... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Kansas on
Q: If I refuse continued treatment at a php facility and I’m currently in residential, am I responsible for expenses

I’m on a single case agreement and I do not want to continue php care. I worry that that covered expenses so far will be my responsibility of and when I choose to leave against clinical recommendation.

Tim Akpinar
Tim Akpinar
answered on Jul 14, 2022

A Kansas attorney could advise best, but your question remains open for two weeks. But it would be difficult for any attorney to offer meaningful guidance here. The answer to your question could depend on your insurance carrier, your policy or plan, terms of the PHP facility, and other possible... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Kansas on
Q: Can a company say yes we can do that then when they get there change the terms?

My mother wanted to buy her oxygen concentrator out right her doctor's office called companies for her one company said they could do it but when they got to her house they wanted her to rent it for a year and then she could buy it. there were other companies who could do it out right they... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2022

A Kansas attorney could advise best, but your question remains open for four weeks. It sounds like you're making a case for something along the lines of misrepresentation. But in these settings, the other side could argue that there was a misunderstanding as to what was said, or what was... View More

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Can you get a power of attorney removed when they are not taking care of the persons best interest?

My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 28, 2021

Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... View More

1 Answer | Asked in Elder Law and Health Care Law for Kansas on
Q: Am I Legally bound to pay the invoice received from County for emergency services used by my Father in law?

My father in law had a medical emergency while he was visiting me in January 2020 and my wife has to call 911 to take him to hospital, He returned back to India in March 2020. We provided his Travel Insurance details to the hospital, but now after 6 months, I received an Invoice from County to pay... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 26, 2020

It is not unusual that the person calling an ambulance is not the person needing the ambulance. The person needing the ambulance is typically liable based upon implied consent. The person is having a medical emergency and it is implied by the circumstances that the person would want an ambulance... View More

2 Answers | Asked in Health Care Law and Tax Law for Kansas on
Q: I signed up for ACA health insurance when I was unemployed, early in 2018. Then I landed a job with insurance. Now I owe

15 k to IRS and 8k to is. HELP! I am 65 with no savings. I work full time.

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 1, 2019

You likely received a subsidy and then had income that exceeded the allowable amount under the subsidy.

Go to irs.gov and pull forms 9465, 433F, and 433D. Fill them out and mail them in and mail the first two payments, the third should be auto debited from your account.

Or hire a...
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1 Answer | Asked in Business Formation, Products Liability, Federal Crimes and Health Care Law for Kansas on
Q: Are stores legally allowed to sell CBD oil to customers without a medical marijuana license?

I thought you needed a license to purchase CBD in MO because of the law that passed in 2014. I've been seeing CBD stores stating it's not needed to purchase the products. Is this legal? I don't want to get into trouble for purchasing.

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.

1 Answer | Asked in Divorce, Estate Planning and Health Care Law for Kansas on
Q: Can I divorce my wife, but then live with her for more than 5 years in order to protect assets from Medicaid look back?

I have stage 2 Parkinson's. My wife and I have discussed divorce as a means to protect our limited assets from being absorbed by my future long term care needs. Our thinking is divorce now and then hope I don't need any long term care for more than 5 years from now, at which point apply... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 27, 2017

There are ways to separate your assets without divorce, and protections for a 'community spouse' that will not force her into penury because of your illness.

You need to speak to a qualified local elder planning attorney to determine what you should do. Divorce is usually NOT a...
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