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New York Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for New York on
Q: I am looking for a lawyer who know New York Insurance Law for fertility treatment or fertility preservation coverage

I live in New York, I work in a large company with more than 100 employees,

I was diagnosed infertility, so I am eligible for fertility treatment under New York new law, I call my insurance company , they do not care this law,

then I call my company HR department, they do not care... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

One option might be to research health care attorneys. In addition to your own searches, you could look into the attorney referral sections of state and local bar associations. Also, there is a tab above, "Find a Lawyer," that lists attorneys by areas of practice and region. It's... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: What type of payment would an attorney need for a NY balance billing case (2021 DOS), ie hourly?

What payment structure does an attorney use for a balance billing case in New York by an in-network provider?

In network provider balance billed me though insurance EOB shows $0 owed as their claim from 2021 was discounted to $0. Provider's billing company refused to resubmit their... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2023

Attorneys who handle medical billing disputes apply various fee arrangements, depending on the type of insurance (no-fault, private, etc.), volume of claims (in terms of whether it's a high-volume institutional client, such as a large medical office or single-transaction individuals),... View More

2 Answers | Asked in Health Care Law for New York on
Q: can anyone look at my medical records .

I check at my doctor's office and a law firm looked at my medical records without my approval.

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2023

An entity would usually need to present a HIPAA authorization to see the records. Good luck

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1 Answer | Asked in Health Care Law, Education Law and Gov & Administrative Law for New York on
Q: If the judge put a neglect case on me but I got my children back can I go to school to become a nurse to care for adults

I want to go to nursing school or am I not allowed to have nursing license in ny state

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

This may be something that most Criminal Defense attorneys and Health Care Law attorneys (categories chosen for the post) do not casually deal with on a regular basis. It may be more along the lines of professional licensing. You could try reposting under Education Law, which might be a closer... View More

1 Answer | Asked in Health Care Law for New York on
Q: I have a 92 yr old mother, who will not sign a healthcare proxy can children make a health decision if she can’t

If a medical emergency arises, and she can’t make it health decision, can her children make it for her without there being a healthcare proxy

Jack Mevorach
Jack Mevorach
answered on Feb 5, 2023

No. A court appointed Guardian can.

Jack

1 Answer | Asked in Personal Injury and Health Care Law for New York on
Q: A hospital told me my daughter died 11 years ago (2011) now in 2022 they are saying their records says she is not
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 10, 2023

Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... View More

1 Answer | Asked in Health Care Law, Consumer Law and Education Law for New York on
Q: Can you sue a person who works at health care center on campus for delaying service intentionally? Thank you.
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2022

It could depend on the extent of damages resulting from the delay in providing medical care. If the ensuing damages are not significant, many law firms would be unlikely to handle on a contingency basis. Good luck

1 Answer | Asked in Health Care Law, Consumer Law, Civil Litigation and Collections for New York on
Q: Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me.

Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 2, 2022

You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... View More

1 Answer | Asked in Education Law and Health Care Law for New York on
Q: I do not want the vaccine but it's mandatory for in-person classes. Is my right to education & health protected?

Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 23, 2022

You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same... View More

1 Answer | Asked in Health Care Law for New York on
Q: I live in NY State, can refusal of medical treatment for a heart attack be construed as mental illness?

I know I will die if I refuse. But after prolonged illness, I am ready to die.

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2022

I'm sorry for your painful situation. As attorneys, we can't make determinations of mental illness. That requires a diagnosis from a mental health professional. If you stopped me on the street to ask this, I could only say that I believe it comes from someone highly intelligent who could... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: I was denied an MRI from Emblem health several times. New insurance now diagnosed with arthritis can I sue Emblem?

Emblem was my former insurance through my former employer. I suffer from hip pain. I was approved for an X-ray of my hip which showed normal. However the pain was severe. My PCP requested an MRI on my behalf several times, but Emblem denied the request each time. My coverage ended with Emblem on... View More

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

I'm sorry for your ordeal. You ask if you could sue. I think it would be difficult to find a law firm to handle such a matter on a contingency basis. MRIs are often initially denied as a knee-jerk reaction in many instances. They are big-ticket items compared to other less-sophisticated... View More

1 Answer | Asked in Health Care Law and Employment Law for New York on
Q: Hi, My name is Aina.I just got fired from my job because of my health condition. What should I do?

Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... View More

1 Answer | Asked in Consumer Law, Family Law, Collections and Health Care Law for New York on
Q: In New York City Domestic Partnerships, are partners responsible for the other's medical debt if either one gets sick?

I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... View More

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2022

In theory yes. Practically, not likely.

1 Answer | Asked in Civil Litigation, Small Claims, Personal Injury and Health Care Law for New York on
Q: What NY State laws govern an involuntary psychiatric hold (in ER) and the administration of medication without consent?

My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2022

I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could... View More

1 Answer | Asked in Contracts and Health Care Law for New York on
Q: I’m a former anesthesia technician fired while on assignment at Harlem Hospital! I’m looking for legal representation.

Hello

I’ve been an anesthesia technician for 19 years(traveler since 2011). I was on assignment in nyc at Harlem Hospital(April 2021-September 2021) & had been extended(asked to renew my contract to stay on to keep working) 3 times(I accepted). I was asked to extend a 4th time right... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2022

I'm sorry your question remains open for a week. At this point, you could repost your question under the Employment Law category. You are correct about this matter being related to health care law, but an employment law attorney would probably have the strongest insight here about your rights.... View More

1 Answer | Asked in Health Care Law for New York on
Q: What kind of lawyer and where in NY I need for a stent surgery I never sign or it was not explain to me and lie to me

This doctor is a fraud he lie on my records he did a stent surgery nothing was explained to me and never explain the risk now he's trying to cover it up

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2022

You could reach out to med mal attorneys. Good luck

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Civil Rights for New York on
Q: Can a health care provider accept insurance based on merit of the patient?

A dentist office accepts my current insurance. But make me pay full price, bills my insurance separately then sends me a check for less than 50% of what I payed when my insurance covers 80% of the total visit. They also only make some people who have the same insurance pay. So if you and I both had... View More

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2022

It could be difficult to speculate why a dental or medical office would apply different billing protocols. As a convenience to the patient, some offices do not bill patients but instead, have them complete paperwork enabling their billing staff or contractor to bill on patient's behalf. When... View More

1 Answer | Asked in Health Care Law for New York on
Q: Hello, My name is Gabriell and I'm looking to find a lawyer to help me go about a few things that

Are going on. I feel as if people have cases on me I don't know about I've been to my doctors to get help with my body feeling the way it does and to the hospitals I get no results from either or. My doctors office has been lieing to me saying j haven't been there since 2017 which... View More

Tim Akpinar
Tim Akpinar
answered on Dec 20, 2021

I'm sorry for the difficulties you've been experiencing. Attorneys are not able to reach out to you here. The format here does not operate like an attorney referral service - it is only a Question & Answer forum. If you want to find an attorney, you could search for attorneys online,... View More

2 Answers | Asked in Health Care Law for New York on
Q: Im a nurse.the hospital called to say im being "investigated for inappropriate access to a patient chart"recommendation?

Im a contracted local travel nurse to this hospital. I have not spoken directly with the hospital yet. I Believe they think is a HIPPA violation.

C.Doris Okafor Dike
C.Doris Okafor Dike
answered on Nov 7, 2021

You have a duty to the organization you are doing contract work with and a duty to your patients to keep the information confidential. If there is a suspicion that you accessed charts or information inappropriately the Hospital will be held accountable under HIPAA and you could face disciplinary... View More

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1 Answer | Asked in Health Care Law for New York on
Q: Can I sue if the hospital gave me medication that’s clearly on my records that I’m allergic to?

I’m allergic to oxycodone or Oxycodeine get severe headaches I had a headache for two days when I was discharged they told me that they were going to prescribe that to me and I said I’m allergic she said but they’ve been giving to you all this time and I said no wonder I’ve had a migraine... View More

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2021

It's possible you could - a more thorough answer could involve review of your records with a medical professional. But from the standpoint of damages, if they were limited to headaches of a non-permanent nature, some law firms might not be able to contemplate such a case on a contingency basis... View More

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