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Maryland Health Care Law Questions & Answers
0 Answers | Asked in Elder Law and Health Care Law for Maryland on
Q: Can an entrance fee be refunded, within 2 weeks of signing for care, if resident was not receiving agreed upon care?

Within first 2 weeks of moving into an assistant living dwelling, well documented, egregious fails of agreed upon care occurred repeatedly, forcing the "subscriber" to move to another facility. Can any portion of the "non-refundable" entrance fee be returned?

0 Answers | Asked in Health Care Law for Maryland on
Q: Can an employer deny a coverage under a qualifying life event?

My husband and I work/worked for the same company. We carried our family insurance under my name. I had to resign for health reasons. I owe benefits arrears because I was on leave for a few months and the company continued paying the insurance benefits. I can not pay it all back at once but can... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Maryland on
Q: A nurses practitioner prescribed 20x recommended dose an anti psych to my wife and now her hallucinations are worse

A nurses practitioner in Maryland chose to take a crack at practicing psychiatry on my partner and prescribed them 300mg of Seroquil for over a year. Then moved them down to 150mg. The recommended dose is 15mg. Her Schizophrenia symptoms are now out of control. Can I sue this nurses practitioner... Read more »

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Nov 3, 2022

No, but your wife may be able to. She should contact an experienced malpractice attorney. Best of luck.

1 Answer | Asked in Divorce and Health Care Law for Maryland on
Q: My daughter is 18, still under my insurance. Her co-pay and uninsured procedures exceed $200. Who pays that extra bill?

I can't afford a lawyer but currently submitting on my own. I've texted my ex to no avail. I want to submit legal paperwork but unsure how to get started.

Thx

Mark Oakley
Mark Oakley
answered on Sep 21, 2022

Unless the date of service for the healthcare that resulted in the bill occurred before she turned 18 (or after she turned 18 but was still enrolled full-time in high school before completing her senior year), then the obligation to pay any deductibles and co-pays is hers alone, since she is now an... Read more »

1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Maryland on
Q: For medicaid payments for my dad, can my disability be used shelter his savings? Where can I find written info?

My dad's in his late 80's in NY. If he needs medicaid to pay his care, can my disability (I'm on SSDI), age 60 in MD) be used to pass his savings to me, so our family can keep it? Is it just an exemption for a house or for other assets too?

Where can I find the gov'ts... Read more »

Mark Oakley
Mark Oakley
answered on Aug 25, 2022

Your father would need to seek out an elder care lawyer to map out a strategy to protect his assets from counting towards Medicaid eligibility. Your disability is irrelevant and will not shelter his assets. He would need to get his assets out of his name five years before applying for Medicaid if... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: A relative has a substance abuse problem in Maryland. The substance is prescribed by a doctor. Can I notify the doctor?
Mark Oakley
Mark Oakley
answered on Jul 19, 2022

Nothing prohibits you from expressing your concerns to your relative's doctor, but be prepared for the doctor to terminate your relative as a patient, and then your relative becoming very upset as well as desperate to obtain the prescription meds he/she was just cut off from, if that happens.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Maryland on
Q: I was denied a 2nd opinion for spine surgery thus delaying healing. My issue can lead to paralysis/death. Can you help?

This was Kaiser MidAtlantic, South Baltimore location’s Head surgeon and a contracted neurosurgeon who refused minimally invasive procedures and newer 93% success rate procedures with shorter recovery periods. They prefer the 50 year old procedure that has 70% success rate initially, but within... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2022

A Maryland attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. It's going to be difficult for any attorney to offer meaningful guidance on something of this complexity without seeing the file and the terms of the insurance coverage. If... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Outstanding dental balance question.

I recently received the bill from my dentist whose services I used until May, 2019.

The bill included services that were done from December 2017 to May 2019. Since the accuracy of billing had always been a concern of mine I’m going to check the dentist office number.

But before I... Read more »

Mark Oakley
Mark Oakley
answered on May 16, 2022

It will depend on whether each of the dental procedures were either (1) part of a single overall plan for one total price that took multiple procedures to complete, or (2) whether each procedure was a separate unrelated dental procedure with a price charged for each. In the former situation, the... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: My payroll dept failed to deduct my health insurance premiums from my pay for seven years. When I learned about it I

brought it to their attention. They now want to collect nearly $20,000 from me. Can they do that?

Mark Oakley
Mark Oakley
answered on Feb 19, 2022

I guess you never heard of, or properly appreciated, the old saws, "Let sleeping dogs lie" and "Don't poke the bear." Let's unpack this a bit from the legal perspective: are you entitled to keep a benefit you know you are supposed to pay for, but by mistake, it... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Need help with burial

Need to bury body on a family plot

Mark Oakley
Mark Oakley
answered on Feb 5, 2022

MD Code, Health-General Article, § 5-514. Burial or disposal of body.

(a) In general. -- An individual may not bury or dispose of a body except:

(1) In a family burial plot or other area allowed by a local ordinance;

(2) In a crematory;

(3) In a cemetery;...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Health Care Law for Maryland on
Q: What approach would you recommend in a situation when hospital security deny a father access to seeing his child born?

My boyfriend was not allowed to see our daughter born 2 weeks ago when he was in the lobby trying to get me . His wallet was stolen so he didn't have his ID but he had a copy of his birth certificate and he is listed in my hospital records as my emergency contact. He was peaceful and the... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2022

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for your unfortunate experience. In terms of legal advice you seek before meeting with hospital staff, you could reach out to a local attorney to discuss in further detail. You likely already know... Read more »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Maryland on
Q: I'm being accused of elderly abuse of my mother, only because I will no send thousands of dollars out for free. What now

He husband passed Oct 16, 2021 Now he's gone, I'm the bad one because I won't send 20,000 dollars immediately after his passing

Mark Oakley
Mark Oakley
answered on Nov 4, 2021

If you are being charged with a crime by the police or prosecuting authorities of the state, hire a criminal defense lawyer. If some family member or other person is just accusing you of elder abuse but is not an authorized representative of the State or local government having authority over... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Can someone else’s dentist ask if I have an autoimmune disease
Mark Oakley
Mark Oakley
answered on May 27, 2021

Absolutely they can ask. And you have the absolute right not to answer.

1 Answer | Asked in Contracts, Civil Litigation, Collections and Health Care Law for Maryland on
Q: I'm being sued by a doctor who did my surgery 3 years ago.

Three years ago I had my gallbladder removed. At the time I had only recently been approved for Medicaid, but didn't have an insurance card or anything like that. A couple of weeks later I got my insurance card in the mail. So, I brought it into the hospital and explained to them how I had not... Read more »

Mark Oakley
Mark Oakley
answered on May 23, 2021

You have two issues: (1) whether you were covered by Medicaid at the time of the surgery, and if so, whether you provided your Medicaid information and met the conditions of coverage--and the doctor submitted their request for payment--within the time frames required; and (2) whether the doctor... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Define a satellite organization. What if the satellite organization is an ERISA plan.

I am a healthcare provider treating Medicaid patients. I have 2000 employees and file 5500s. One of our subsidiaries has been in state plan and we can save money by putting all our employees in the state plan. Can we?

Mark Oakley
Mark Oakley
answered on Mar 31, 2021

You really need to find a lawyer who practices healthcare and insurance law, and not be asking such questions that affect a business and employee base this large as yours on a question-and-answer board. I imagine there are far more information and details that need to be looked into before you can... Read more »

1 Answer | Asked in Business Law and Health Care Law for Maryland on
Q: Can I be held liable for a dental bill when correct amounts were not initially disclosed or signed for?

My dentist office continuously provided procedures under the pretense that they would be covered by my insurance. I have now discovered that I hit my spending limit, despite asking the office multiple times if I was coming up on it. They are now holding me accountable for out of pocket costs that I... Read more »

Mark Oakley
Mark Oakley
answered on Mar 30, 2021

Unless you can show a knowing and intentional act on the part of the dental office to fraudulently trick you into dental services they knew were not covered by your insurance plan, and you clearly and unequivocally communicated to them that you would only accept the procedures if they confirmed... Read more »

2 Answers | Asked in Divorce, Family Law and Health Care Law for Maryland on
Q: I am disabled, going through a divorce. Is it possible to stay on my wife's health insurance after divorce?

I am currently separated and am looking for legal advice concerning my divorce. I am disabled, so my main concern is healthcare insurance. I am qualified for Medicare, but because I am only 52 the premiums for supplemental are extremely high. Because of my illness (Multiple Sclerosis) I see my... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jan 15, 2021

Unfortunately, you will not be able to stay on your spouse's insurance after an absolute divorce. However, you would be able to retain your insurance under a limited divorce. Hope that helps. Good luck!!

View More Answers

1 Answer | Asked in Health Care Law and Personal Injury for Maryland on
Q: My grandma lives in an elderly care facility and she falls at least twice a year. Can we sue for negligence?

Her most recent fall was yesterday. She's had other falls that she's need stitches for as well.

John Mesirow
PREMIUM
John Mesirow
answered on Nov 23, 2020

You would have to provide a lot more information for a personal injury lawyer to be able to make even a preliminary determination. The hard truth is that elderly people fall frequently, without anyone being negligent. There are lawyers who handle a lot of nursing home negligence cases (I'm not... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Are the statue of limitations gone for holding the hospital doctors liable for my moms death 2006 she was allowed to fal

The wing she was on was closed right after her fall she began bleeding internally and died lawyer told me no one would win against HCA corporation here in Tennesse

Mark Oakley
Mark Oakley
answered on Sep 14, 2020

You are asking a statute of limitations question regarding Tennessee law, so you need to ask this for a Tennessee lawyer to respond to and not a Maryland lawyer. That said, most statutes of limitations are measured in a single digit number of years, on the lower end of the number scale (2-3 years,... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: What is the definition of “...health insurance policies that are issued or delivered in the State”?

Regarding Maryland Insurance Article Section 15-810, "Benefits for In Vitro Fertilization.” Specifically, if I live and work in MD, would my insurance (BCBS federal) be considered to be issued/delivered in the state?

Mark Oakley
Mark Oakley
answered on Jun 18, 2020

Probably, yes, but that's not the end of the inquiry. Whether federal laws override state laws regarding specific insurance plans offered under an employer-employee plan is another question altogether. There are federal agency health insurance plans, and there are private plans issued under... Read more »

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