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Massachusetts Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Massachusetts on
Q: I booked an appointment at CareWell Urgent Care | Worcester Lincoln St ma on 09/17/2024 when i got there they asked for

out of pocket bill pay i told him i was on massheath and due to me being a

passenger of a yellow cab accident 3 days prior they could not see me so then i ask could i see the policy

for my denial of service and was told it would take to long to find it so i asked could he please... View More

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

A Massachusetts attorney could advise best, but your question remains open for three weeks. Your post contains much information about disabilities, discrimination, the ADA, and other issues.

You should check with a Massachusetts attorney on this, but I believe Massachusetts may be a...
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1 Answer | Asked in Civil Rights, Employment Law and Health Care Law for Massachusetts on
Q: Can I be fired with open disability claims, ADA letters in place and before I have finished PT & OT?

I went out of work due to complications from long COVID & several subsequent COVID positive tests. My HR called recently to say I was being terminated. I have ADA letters still to be filed, physical therapy and occupational therapy aren’t complete yet but I have been fired. I keep being told... View More

James L. Arrasmith
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answered on Aug 31, 2024

It's important to understand that having open disability claims and ADA protections does not make you immune from termination. However, these protections are meant to ensure that you are not being terminated because of your disability. If your employer is terminating you due to your disability... View More

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Massachusetts on
Q: What is the criteria a psychologist/medical professional must meet in order to involuntarily commit an adult in MA?

What must a patient present with or say before a psychologist or physician can involuntarily commit a patient? In one case, would simply stating suicidal ideation or self harm enough or must they have an active plan to hurt themselves or others? Are there strict standards or is it up to the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Massachusetts, the criteria for a psychologist or medical professional to involuntarily commit an adult are specific and must be met with due diligence. A patient can be involuntarily committed if they are deemed to pose a risk of serious harm due to mental illness. This risk can be due to... View More

1 Answer | Asked in Elder Law and Health Care Law for Massachusetts on
Q: My mother unexpectedly landed in a nursing home/rehab facility. Her mental status comes & goes. She's on Medicare.

I'm not positive about Medicaid. She receives $1500.00/mo from separated spouse & $200.00/mo in socal security. She has no other assets...Until...a sister died & has left her an inheritance of $200,000.00+.

She has 8 children. Our questions are, if she stays in the nursing... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 26, 2022

If her mental status is in doubt then there should be a Conservator appointed by the Probae Court where mother resides to handle her finances and also a Guardian to handle her care if there are not agents under a Power of Attorney and Health Care Proxy granted authority to act by her prior to... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Massachusetts on
Q: If many former employees are suing the administrator of my job and it's a valid case if I join in would I be fired?

The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.

Michael Brevda
Michael Brevda
answered on Aug 29, 2021

This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.

Q: Employer in MA wants to send temp. employees out to get DOT physical exams/certifications. I interpret this as a Hipaa

violation at the very least, since these are employees of staffing agencies, who are the real "covered entities" here. They supply the WC insurance, payroll, are the holders of their personnel records, etc. They also almost all have provisions written into their contracts that state... View More

J. Heath Dillon
J. Heath Dillon
answered on Dec 29, 2020

The employer can communicate directly with the temp employment agency that supplied the employees of the employer's requirement that the temp employees obtain and pass a DOT physical. It is, likely, not appropriate for the employer to communicate this need directly to contracted employees... View More

1 Answer | Asked in Divorce and Health Care Law for Massachusetts on
Q: Can my ex wife's company drop my health coverage after 10 years? It is ordered by the court for her to cover me.

Nothing has changed. She still has the same insurance. I was notified this year that they will no longer be carrying ex spouses. All the laws state that they must cover me.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 16, 2020

Sounds like she is subjecting herself to a Contempt Complaint. Please review your separation agreement for what her obligations are and if all conditions are met and start first with a courteous explanatory letter indicating the Contempt if she removes your coverage. Your damages could well... View More

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Health Care Law for Massachusetts on
Q: Will the Judge in Family Probate, still require me to take a drug test if I prove I'm being falsely accused?

My daughter's father is falsely accusing me of using drugs and/or improperly using drugs. He's requesting I take a hair follicle test but I have evidence to prove that. How would I go about filing for slander, disobeying court orders and being falsely accused? Also, I entered a... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 12, 2020

Usually random drug screens through the Court's probation department provider would be ordered where there is such an accusation. If you are willing to do so you can also ask the Court to have father so screened. The focus should be on establishing that you are not abusing drugs and are able... View More

Q: if I had emergency surgery under mass health and a claim was filed, can they cancel my policy and deny my claim?

I had emergency surgery and they filed a claim, 3 months later they canceled my policy due to not verifying my address and then sent me a letter requesting correct information for the claims filed and to help them figure out how the claims can be paid correctly? im trying to respond on their online... View More

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2019

Your matter is more complicated than one where a simple "yes" or "no" would do as a answer. The ideal situation would be that if your settlement is in connection with an accident where you are represented by an attorney, to have them look into the validity of the lien for an... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Health Care Law for Massachusetts on
Q: What is a special needs trust?

I am legally blind and my husband needs to go into a nursing home due to a stroke. We own our house, Is there any way we can use the equity to pay nursing home costs. I am 86; he is 87

Nina Whitehurst
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answered on Nov 13, 2019

You REALLY should schedule a consultation with an elder law attorney. You might be eligible to have the government pay for his nursing home costs WITHOUT having to sell the house.

1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on
Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Personal Injury, Health Care Law and Identity Theft for Massachusetts on
Q: I have been a victim of medical identity theft and need help to figure out what steps to take to correct this.

My health was used multiple times for ambulance rides, hospital and doctors visits. Now, I need help to rectify the damage done to my credit and medical records

Tim Akpinar
Tim Akpinar
answered on May 16, 2019

Contact your health insurance carrier without delay to notify them of the security breach. If you receive bills for co-payments or other uncovered charges, contact the entities doing the billing (hospitals, physicians, ambulance services, etc.) and coordinate with your insurance carrier to... View More

1 Answer | Asked in Family Law and Health Care Law for Massachusetts on
Q: Hi, can I remove my ungrateful, estranged 18 year old son from my healthcare plan?

Son lives in a different state and does not communicate with me. Thank you so much!

Meghan L Howard
Meghan L Howard
answered on Apr 4, 2019

It depends. If you have a divorce agreement or court order that states you shall keep him on your health insurance so long as he is eligible, you would not be able to remove him without court approval.

1 Answer | Asked in Health Care Law for Massachusetts on
Q: Am I responsible for the bill

My doctor ordered a cologuard test for me.

He knew what health insurance I had.

He did not inform me that the test was not covered by insurance.

The lab sent me a bill.

My insurance company said it was the lab’s responsibility to check that they took my insurance... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Jan 14, 2018

Unfortunately, from what information you gave you would be responsible for the bill.

1 Answer | Asked in Employment Law, Business Law and Health Care Law for Massachusetts on
Q: can Massachusetts mandate certified nursing assistants?
John Espinosa
John Espinosa
answered on Dec 4, 2017

If you are speaking of state requirements for CNAs, here is a starting point: https://www.mass.gov/service-details/nurse-aide-registry-program

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Massachusetts on
Q: I am on a quitclaim deed for my mothers house, does this mean I own the house. She is going onto long term care.

I do not want the nursing home going after the house.

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 26, 2017

I assume the title is as joint tenants. Until your mother dies you both own the home. The fact she temporarily is not living there does not mean you own the home. Assuming your title is as joint tenants, when your mother passes you record her death certificate and at that point the sole title to... View More

3 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Massachusetts on
Q: Is there a "healthcare P.O.A" to designate someone to make medical decisions for you, if you are intact/alert?

I am 98.5 yrs old, visually impaired, and wish to have my daughter, who is a clinician make all medical decisions for me. I have executed a health care proxy and durable P.O.A., but they only are activated if I am unconscious or not intact mentally.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 26, 2017

MANY states require this be a 'springing' authority so that you have the 'final say' in any decision if you are capable of doing that. I'm not sure about MA but Michigan certainly does.

HOWEVER, if you are competent, you ALWAYS (in any state) have the option of...
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1 Answer | Asked in Civil Rights and Health Care Law for Massachusetts on
Q: Can reasonable accommodation include religious setting for school tutoring
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

As in requiring a public school to set up a special church for you to study in? No, that would violate the Establishment Clause. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

1 Answer | Asked in Education Law and Health Care Law for Massachusetts on
Q: Can a school release a students medical info without consent

School released educational and medical info of a student to an outside neurologist without parent or student consent

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

Was this release ordered by a court? Why did the release occur? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Health Care Law for Massachusetts on
Q: This relates to a bill for a medical service that in my opinion was fraudulent and incompetent.

Here is my situation:

• I came to an orthopedic doctor complaining of pain in the heel of my foot

• Doctor said: "This is plantar fasciitis. Go to physical therapy. If it does not help, see me again and I do the X-ray."

The visit lasted 2 minutes; the doctor... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

You can certainly file a complaint with the state's medical board. If you don't pay, the doctor might send your case to collections and damage your credit, so take that into consideration. You may have to do a lot of legal fighting in court to sort this out with the doctor's office... View More

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