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New Mexico Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law for New Mexico on
Q: Can a 75 year old who does not qualify for Medicaid in any way have a Special Needs Trust?

He settled a case for a stroke, which left him needing full time care and afterwards learned that he will loose Medicare A &B.

1 Answer | Asked in Health Care Law for New Mexico on
Q: UnitedHealth will not pay my wife's hospital bill. They said hospital is out of network and will not pay claim

Took wife to lovelace ER was told she needed to be admitted.she was in hospital for 4 days. UnitedHealth says hospital is out of network will not pay claim

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. You probably already attempted resolution or negotiation with them. When it comes to ER or ambulance services, some carriers will show more leniency. But if you are at an impasse, which could be the case from... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Mexico on
Q: Can I still sue my gyno for over prescribing opioids after a botched hysterectomy in 2008 causing current addiction

My gyno prescribed me way over 400 15mg Oxycodone and 10mg Hydrocodone a MONTH. Although the insurance refused to cover more than 1 Rx a month, the Dr. kept approving them to be filled and the pharmacy filled them. This continued for over a year. I became an addict because of this negligence and am... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2022

A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the impact this has had on your life. Regardless of jurisdiction, there is the inescapable problem that fourteen years have elapsed, aside from other issues. You can reach out to local law... Read more »

1 Answer | Asked in Employment Law and Health Care Law for New Mexico on
Q: Is non-compete enforceable?

I am an SLP who works for a company based out of state but I live in Albuquerque and work for APS through them. In a covenants/provisions clause of my contract, I am not to work for APS for 12 months after my contract expires. I feel this is unreasonable since APS is the only public school in the... Read more »

Kyle Anderson
Kyle Anderson
answered on Apr 29, 2020

Non-competes, generally speaking, are enforceable. There are factors a court takes into account to determine if they are too restrictive and thus, unenforceable. This varies state to state. I would recommend reaching out to an employment lawyer in your state for a consultation.

1 Answer | Asked in Consumer Law and Health Care Law for New Mexico on
Q: How can I find out the standards for methadone clinics in New Mexico?

Must a provider be a physician? Must a patient take daily dose on site, or are doses sent home? If I have concerns about a clinic, who do I report my concerns to?

David Humphreys
David Humphreys
answered on Oct 11, 2017

Generally, the New Mexico Department of Health regulates health care facilities.

I did a quick Google search and located the following information:

Rosemary Nowak

New Mexico Behavioral Health Services DivisionPO Box 2348

37 Plaza La Prensa PO Box

Santa Fe,...
Read more »

1 Answer | Asked in Consumer Law and Health Care Law for New Mexico on
Q: Are there any case references for New Mexico in reguards to balanced billing?

Or any references to health care providers not billing third part health insurance providers in a timely manner?

David Humphreys
David Humphreys
answered on Aug 17, 2017

yes. There is a regulation. See TITLE 8 CHAPTER 302 PART 2 NMAC.

It may not apply to your situation. I am not aware of any court rulings on this provision of the Administrative Code. It is a little complicated. More information would be helpful. What type of services? Was their medicare,...
Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Car Accidents for New Mexico on
Q: Can I sue the NM Medical Board, State of New Mexico & other medical authorities for neglecting to address proper care?

I am permanently disabled from a motorcycle vs. drunk driver in a van in 1986, where I received multiple serious injuries and came very close to death. Leg tore to shreds, vertical fracture of my pelvis (split in half), crushed hand, broken arm. I worked hard to recover and rehabilitate, all the... Read more »

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

Short answer is no. Courts don't tell administrative agencies what to do, and it's within their discretion. However, if your problem is getting a rehab plan or similar going, you will want to contact a group that deals with pain like the cancer socieity for your state, etc.

1 Answer | Asked in Health Care Law and Medical Malpractice for New Mexico on
Q: I had surgery on Jan 22 (appendix) on my 2nd follow-up appt. the surgeon tested my wound for infection. The hospital

The hosp confirmed MRSA on Feb 6. The dr didn't inform me until Feb. 18. My father has been changing my bandage 2 times a day, everyday. I feel this surgeon is at fault for not giving me the results for nearly 2 weeks.

Joshua Bradley
Joshua Bradley
answered on Nov 25, 2016

There are many factors in a medical malpractice lawsuit. One factor in particular would be that the negligence of the medical provider must be the cause of damages. In other words, just because there was a delay in notification of a medical condition, does not always translate to damages. If you... Read more »

1 Answer | Asked in Health Care Law for New Mexico on
Q: Do we need to have a certified translator in a clinic setting to translate to Spanish speaking patients?

We have Spanish speaking employees assist Spanish speaking patients with paper work and when they see a provider.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2015

No, not necessarily certified. But they should be fluent in Spanish as well as English.

1 Answer | Asked in Health Care Law for New Mexico on
Q: I work at a clinic and was wondering what our rights are when we informally translate to patients (language wise)?

Do we need to have a certified translator to speak or review forms to that individual?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2015

Instead of rights, do you perhaps mean liability exposure? Because yes, you are potentially asking for trouble if you are not sure that what you are saying in the foreign language is understood in the way you intend.

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