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Pennsylvania Health Care Law Questions & Answers
Q: HIPPA violations by Blair county district attorney requires me to hire an attorney to represent me. Help!

HIPPA Violations from Cleveland clinic to Allegheny general hospital to UPMC hospital and doctors offices have been gaslighted and used by a corrupt district attorney in Blair county. The detective responsible for violations is xx. He now trying to use the Pennsylvania State Police to protect him... View More

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about the severe issues you're facing. To address potential HIPAA violations and civil rights infringements, it's crucial to hire an attorney experienced in both healthcare privacy and civil rights law. These professionals can help you gather evidence, file... View More

1 Answer | Asked in Health Care Law and Social Security for Pennsylvania on
Q: Can my insurance company make me sign up for social security disability. I am not of age to retire. I'm on short-

I am on short term disability now. To sign up for long term they want me to sign up for SS disability

James L. Arrasmith
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answered on May 17, 2024

No, your insurance company cannot force you to apply for Social Security Disability Insurance (SSDI). However, many long-term disability (LTD) policies include a clause that requires you to apply for SSDI as a condition of receiving or continuing to receive LTD benefits.

This is because...
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1 Answer | Asked in Criminal Law, Health Care Law and Identity Theft for Pennsylvania on
Q: The pharmacy gave my prescription to a person who pretended to be me , what can I do?

I told them someone was trying to steal my prescription that was a narcotic. They didn't ask for ID. I told them not to release it to anyone else on 2 different occasions days before it happened. I did file a police report.

James L. Arrasmith
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answered on Apr 10, 2024

I'm sorry to hear that your pharmacy released your prescription to someone falsely claiming to be you, despite your prior warnings. This is a serious matter, and you've taken the right first step by filing a police report. Here are some additional steps you can take:

1. Contact...
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2 Answers | Asked in Civil Rights and Health Care Law for Pennsylvania on
Q: I have found that someone added a medical condition that I do not have, in my record.

This has impacted my ability to receive care. Although I asked for it to be removed, it keeps being re-entered, with additional false information added. I have had to go to a doctor outside the hospital network and have had to pay out of pocket for care. It has been five years and I am still seeing... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where incorrect medical information in your records has adversely affected your access to care and caused financial and emotional distress, you may have grounds for legal action. The persistence of false information, despite requests for correction, and the resulting negative impact... View More

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1 Answer | Asked in Personal Injury, Car Accidents, Health Care Law and Insurance Bad Faith for Pennsylvania on
Q: Can a heathcare provider file a lien against my MVA settlement even though Medicare and Medicaid paid my medical bills?

I was the victim in a motor vehicle accident while enrolled in Medicare and Pennsylvania Medicaid as my health insurance. I have zero co-pays, deductibles, and out of pocket fees. I know I have to repay both Medicare and Medicaid from my settlement. Under normal circumstances, “balance billing”... View More

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. If you had an attorney on the case, they would be in the best position to answer this - from the case file records, they would probably know how this medical provider billed, their arrangement for payment,... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Pennsylvania on
Q: Can I sue a hospital for continuing to employ an NURSE convicted of corruption of minors in ER HANDLING MY CHILD

The nurse that took care of my 2 yr old child in Montrose er Pennsylvania on march 27 2023 had previously been convicted in JUNE 2022 of corruption of minors and indecent assault.

I want to sue the hospital and administration for negligence n allowing my child to be in physical contact... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 4, 2023

If there was improper contact with your child there is a valid lawsuit.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Pennsylvania on
Q: Can your job take you off work due to your doctor putting you on light duty while being pregnant?
T. Augustus Claus
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answered on Aug 24, 2023

In Pennsylvania, employers are generally required to provide reasonable accommodations for pregnant employees, which may include light duty assignments based on medical recommendations. The Pregnancy Discrimination Act (PDA) prohibits discrimination against employees based on pregnancy, childbirth,... View More

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Health Care Law and Landlord - Tenant for Pennsylvania on
Q: i have injured my left knee Bad just getting out of the tub shower, EVEN after my Drs orders MONTHS before. i have proof

and i am made to feel some BAD personal Discrimination going on in my case, with the office and now maintenance said he would report me for getting upset after the floor tile cement had still not dried after 5 days, [ have picts ] and said he would report me for trying to hit him with my cane,... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. You mention having a pro bono attorney. These concerns may be better to bring up with your attorney than on a public forum where no one knows the details of your case. Good luck

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: If there's no one you designated to be notified of your death can your body go directly to your designated funeral home?

W

T. Augustus Claus
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answered on Aug 1, 2023

In Pennsylvania, if there is no one designated to be notified of your death, the handling of your body will typically be governed by state law. State laws vary, but in many cases, the responsibility for arranging the disposition of a deceased person's body falls to the next of kin or the... View More

1 Answer | Asked in Energy, Oil and Gas, Federal Crimes, Health Care Law and Military Law for Pennsylvania on
Q: soooooo im kinda on trial for manslaughter. well thats what i said it was. what should i do boo?
James L. Arrasmith
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answered on Jun 18, 2023

Hire an attorney immediately or have one appointed for you at no cost if you are low income (indigent).

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Is there any help for someone who ran up over $30K of medical bills and has no health insurance?

My daughter, 29, was having vision problems and went to Wayne Mem ER, probably 3 yrs ago. The ER docs suspected brain tumor and sent her by ambulance to Geis CMC. After much testing, no tumor was found and the bills were totaling just over $30K. I just found out about this. She tried to forget... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

problem is that the social worker at the hospital should have filed a medical assistance application. However, if she was poor she may have been a medical assistance recipient and the bills should have gone to Medical Assistance. At this point she is "judgment proof." it doesn't... View More

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Is a Health Care Power of Attorney The same as a Legal Power of Attorney ( will and testimony )

I have been asked to be the Health Care POA for a friend . I dont mind helping with health issues but do not want the responsibilities of all the other financial and legal obligations . Can I be one without the other

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

They are different. The best way is to ask for a copy of what it is they'd want you to sign on to.

1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for Pennsylvania on
Q: Can family have a say in an elderly person's need to move to a care facility? This person is of-sound mind;

She lives in filth, doesn't eat, can't clean herself and sits and sleeps in her own feces and urine.

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2021

I would approach an elderlaw attorney who is certified; the area office on aging can be of help.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: I was in a hospital from 2am until 6am needing 22 stitches in my leg.. 11 dissolvable and 11 on the outside.

While I waited for my stitches (under the influence of alcohol), the nurse told me the doctor came in between 5-530 while I was sleeping and decided to let me sleep with the deep wound in my thigh. They told me they were extremely short staffed at the time.. I do admit I had some heated words with... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

Unlikely that it would be worth the cost of the case, but as members of the Pennsylvania Association for Justice like myself offer free consultations so that you may get informed advice, why not contacting them.

Your leaving however could end the story. Unless your wounds and bleeding...
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1 Answer | Asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

Ryan L Hyde
Ryan L Hyde
answered on Jun 16, 2021

Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney... View More

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Where in this Code is the Time Frame of allowance 2 years Post Care ? Thx
Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2021

Time frame of two years post care for what--a claim? Insurance? you need to give us a bit more informtion.

2 Answers | Asked in Criminal Law, Civil Rights and Health Care Law for Pennsylvania on
Q: Can a cop detain me in cuff in my own house when I was not violent or yelling; I was eating. They also injured me.

The one cop was very aggressive and used unnecessary force and illegal detainment. now they want to charge me with BS to coverup their mistake due to them on ego trip.

Ryan L Hyde
Ryan L Hyde
answered on Jan 7, 2021

The problem with your question is that it lacks the context needed to answer. Why they were in your home matters. For instance, many police departments will cuff a person when they are executing a search warrant. Your simply stating "you are not violent" doesn't mean that you... View More

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1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Is an unlicensed antique auto exempt from Medicaid services?
Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

Medicaid has nothing to do with unlicensed autos. If you mean does it make you over assets, it depends on the value. The medicaid statute doesn't, as I recall, get into the registration status of any vehicle--just do you own it, what is its value.

1 Answer | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: I was promised a salary and override on business that I brought to a laboratory in Pennsylvania.800k later, zero to me

This is a very common scenario in the laboratory business and I am referring to a compliant EKRa compensation plan that was promised

Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

Sounds like you have a breach of employment contract action. Contact an attorney who handles both.

1 Answer | Asked in Civil Litigation and Health Care Law for Pennsylvania on
Q: I had been to a counselor in March of 2019, and received a bill in March of 2020. Is there a statute of limitations.

I heard nothing from them for a year, I have no idea why they are billing me, and have not contacted. I received another statement in April. Am I legally responsible to pay them? What is the best way to handle this.

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2020

Did you have insurance? Is this because of a copay or deductible? Was there a denial of claim? The statute of limitations for most contract claims (and you may well have signed an agreement to pay) is 6 years in Pennsylvania. So yes, you have to pay attention to it. Start by finding out why and... View More

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