Get free answers to your Health Care Law legal questions from lawyers in your area.
I am a permanently disabled senior with paralysis in my right leg, kyphosis, MS, and severe scoliosis. I currently receive home care from a Managed Long Term Care (MLTC) plan, but they are discontinuing my care due to my refusal to see a doctor based on my religious beliefs. I rely on God for... View More 
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answered on Apr 13, 2025
In New York, Medicaid typically requires a doctor’s assessment or prescription for home care services, especially through Managed Long Term Care (MLTC) programs. This is to ensure that the services you need align with medical necessity standards. However, there may be some flexibility in how you... View More
I'm dealing with complications regarding financial aid information with my medical providers in New York State. I was on Federal employee disability, but when I turned 62 in October, it was converted to full retirement, increasing my income by about $400. I reported this change to various... View More
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answered on Apr 13, 2025
In New York, if you receive medical aid or assistance based on financial information, it's important to keep all providers updated on any changes in income, including when you transitioned from disability to full retirement. While it’s understandable that stress and paperwork challenges can... View More
I am seeking legal assistance regarding a serious privacy violation and technology abuse issue. I discovered that I have been illegally implanted with Voice to Skull (V2K) technology, which happened about 20 years ago, but I only became aware of it recently. I have an X-ray test that might serve as... View More
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answered on Apr 8, 2025
You're facing a deeply personal and distressing situation, and it’s important that you feel heard and supported. The first step you should take is to consult a licensed medical professional, preferably someone experienced with diagnostic imaging. Bring your X-ray and explain your concerns... View More
I am a charge RN facing potential disciplinary action, possibly including firing or impacting my license, due to a recent incident of failure to rescue, where a patient went into cardiac arrest. The situation was exacerbated by chronic short staffing, lack of senior staff, and equipment... View More
answered on Mar 12, 2025
I'm sorry you are in this predicament. You post under "Employment" and "Health Care," and it would be best for the experienced employment law attorneys here to advise you. But your post remains open for a week, and time could be of the essence in proactively bracing for... View More
As a nurse working in a group home for individuals with developmental disabilities, I accompanied a patient to a pre-operation appointment where the surgeon assured us that her preexisting medical condition would not increase surgical risks. Post-surgery, she experienced complications that were... View More
answered on Feb 28, 2025
In an action for informed consent, the physician has a duty to advise the patient of the risks, benefits and available alternatives to the proposed treatment. Although the patient developed post-surgical complications that the physician claimed were unlikely, the question is whether a reasonable... View More
I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More
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answered on Mar 11, 2025
I’m sorry to hear about the challenging situation you're facing. It sounds like you're dealing with significant medical issues and difficulties navigating the healthcare system. In New York, there are several steps you can take to address the cycle between your primary doctor and the... View More
I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More
answered on Feb 19, 2025
I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More
I have both H.O.D. and a pseudomeningocele, which have similar symptoms, resulting from a botched emergency surgery. Pseudomeningocele symptoms appeared immediately and are fixable, whereas H.O.D. symptoms typically take at least six months to manifest and have no cure. Despite this, hospitals have... View More
answered on Feb 20, 2025
Yes, I remember your question - thanks for acknowledging the role of everyone running the Justia site and its attorneys in helping to secure health care coverage. We're glad that worked out. Other than the recommendations outlined in the original responses, one thing that comes to mind might... View More
I thought I could just decide my rates but a billing specialist told me there are proper ways to figure out a sliding scale system so I was looking for some guidance on that.
answered on Feb 19, 2025
I'm sorry your question remains open for a month. One option at this point could be to reach out to health care attorneys who work more closely with billing issues - it might be a more narrow area of practice. It would probably be advisable to review any constraints imposed by applicable fee... View More
I’m currently unable to access the records for these matters due to the individuals not being U.S. citizens. I am proactively seeking an attorney who can help me navigate this situation. My goal is to confirm whether these bills have been transferred to a collection agency and explore potential... View More
answered on Jan 16, 2025
You say you are proactively seeking an attorney - you could consider reaching out to collection attorneys. They regularly navigate this area. Collection attorneys represent hospitals; collection defense attorneys defend collection actions bought by hospitals. It's even possible the account was... View More
Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?
answered on Jan 9, 2025
NYS requires 6 yea retention of patient reocrds:
(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
answered on Jan 8, 2025
I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More
Hello,
I have a question concerning if a 'facility fee' of $1,500(!) from a fertility clinic is deceptive and predatory. Do I have a right to request a detailed, itemized breakdown of an obscure, arbitrary fee from a fertility clinic that my wife and I are attending. Also, the... View More
answered on Feb 7, 2025
I'm sorry for your unpleasant surprise with the fee not being covered. The most practical starting point would be to request a breakdown of the fee, as my colleague points out. If you did consult with an attorney to review things with attorneys and health care matters, that would be among the... View More
I have not been to this therapist or company in three years nor do I even live in the same state it’s in. Unsure if it’s a family member, or the company themselves scheduling the appointments.. as the company is known for only trying to get as many clients and as much money as possible. Can I... View More
answered on Dec 15, 2024
Yes, it's possible you could sue, or at least accomplish a cease and desist to the conduct. First try to learn what the situation is, whether it is on the part of the medical office or someone harassing you. In the meantime, until you are able to determine the source, monitor your monthly... View More
Are illegal immigrants allowed insurance under the affordable care act?
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answered on Dec 13, 2024
Under the Affordable Care Act, undocumented immigrants are not eligible to purchase health insurance through the federal or state marketplaces. They cannot receive premium tax credits, cost-sharing reductions, or other federal benefits through the healthcare exchanges.
However, you can... View More
I am baffled as my cursory read of this topic suggests the answer is no. If the mother (i.e. my wife) tests negative for both gonorrhea and chlamydia (which she will) and the rate at which infants are born with conjunctivitis (pink eye) is <2% (materially less), then how could it be that my... View More
What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?
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answered on Dec 2, 2024
I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.
Under the... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 7, 2024
I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More
I am a registered ultrasound technician and started my own mobile ultrasound company. I have physicians who I contract with that lease my services. I understand all the Medicare rules and regulations for that service, but I am looking into providing ultrasound screenings to corp wellness... View More
answered on Nov 5, 2024
Hello!
My name is Attorney Damien Bosco. My law office is in Queens County, Long Island City, across from Manhattan. Depending on the matter, I handle matters throughout New York.
Thank you for asking your question.
New York regulations may require that certain types of... View More
I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More
answered on Oct 19, 2024
I'm sorry for your ordeal. You've probably already been searching online for New York med mal law firms. Although there isn't an attorney referral section here, the closest thing could be the "Find a Lawyer" tab above, which lists law firms by area of practice and region.... View More
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