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Tennessee Health Care Law Questions & Answers
1 Answer | Asked in Civil Rights, Health Care Law and Personal Injury for Tennessee on
Q: Can I sue a shelter in Tennessee for refusing medication at prescribed times, leading to hospitalization?

I am staying at a shelter and suffer from anxiety, high blood pressure, and a back condition that prevent me from working. Recently, I had to go to the hospital due to chest pain and received medication. Upon returning to the shelter, I needed to take the medication according to my prescribed... View More

James L. Arrasmith
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answered on May 14, 2025

Yes, you may have a potential legal claim if the shelter’s refusal to allow you to take your prescribed medication on time directly contributed to your hospitalization. When a shelter accepts residents who rely on medication for serious health conditions, they have a responsibility to ensure that... View More

3 Answers | Asked in Health Care Law, Contracts and Employment Law for Tennessee on
Q: Enforceability of physician non-compete in TN community

I am a physician working in healthcare in a small community in Tennessee. My non-compete agreement restricts me from working in my field or any other medical field within a 20-mile radius for two years after leaving my current position. Given these restrictions, what are the chances of this... View More

Anthony M. Avery
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answered on May 2, 2025

There is a good chance that the other contracting party will enforce it if you set up shop. It is possible that it is absolutely enforceable, so the financial risks are high. But 20 miles is a small radius, so you should be able to find an office close to your chosen town. And 2 years is a... View More

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2 Answers | Asked in DUI / DWI, Gov & Administrative Law and Health Care Law for Tennessee on
Q: Seeking waiver for interlock device due to medical condition in Tennessee

I have been required to install an interlock device in my car, but due to Chiari One Malformation, I experience severe symptoms when attempting to blow into the device, feeling like I'm going to pass out. What steps can I take to request a waiver for the interlock device, and will medical... View More

Anthony M. Avery
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answered on Apr 22, 2025

No. the statute ,mandates the blow meter. You will have to find a way to get that meter working if you are going to drive. TNDL is a privilege not a right.

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1 Answer | Asked in Employment Law and Health Care Law for Tennessee on
Q: What are my rights if someone discusses my mental health with HR without authorization?

I recently discovered that an unknown individual contacted HR to ask about a leave of absence and discussed a memorable situation related to my mental health without my authorization. No names were mentioned, but the situation is memorable. I plan to call HR on Monday to address this. What are my... View More

James L. Arrasmith
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answered on Apr 13, 2025

You have every right to be concerned—your mental health is personal, and no one should be discussing it with HR or anyone else without your permission. Even if your name wasn’t mentioned, if the situation was clearly about you, it could still feel like a violation of your privacy. While HIPAA... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: Were my HIPPA privacy rights violated?

I had lost my eye glasses and had planned on going to get a new pair soon. Well, two days ago, on 4/9/2025, a friend decided to surprise me with a new pair of my prescription glasses. I greatly appreciate the gesture but I NEVER consented to sharing my information with anyone, no one from the eye... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re concerned about your privacy in this situation. Under HIPAA, your health information, including your prescription details, is protected, and it cannot be shared without your consent. If the eye doctor released your prescription information to your friend without... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: Was my privacy violated if a friend got my prescription from my eye doctor without consent?

I lost my prescription glasses and planned to visit my eye doctor for a new pair. A friend/acquaintance unexpectedly went to my eye doctor and ordered new glasses for me, picked them up, and obtained my prescription paper without my consent. I had previously filled out paperwork indicating that I... View More

James L. Arrasmith
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answered on Apr 13, 2025

You have every right to feel uneasy about this—your personal health information should be protected, especially when you've already told your provider not to share it. Under HIPAA, your eye doctor is not allowed to release your prescription or any personal health details to someone else... View More

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Looking for a Tennessee lawyer specializing in fertility healthcare law and civil rights, respecting religious beliefs, and protecting against discrimination in fertility care.

I am looking for a lawyer in Tennessee who practices fertility healthcare law and civil rights, and who respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. Over the last ten years, I have experienced hurtful and challenging... View More

James L. Arrasmith
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answered on Apr 1, 2025

Finding a lawyer who practices both fertility healthcare law and civil rights in Tennessee requires thoughtful consideration of your unique circumstances. You might begin your search by contacting the Tennessee Bar Association's lawyer referral service, which can connect you with attorneys... View More

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Seeking lawyer in TN/VA for fertility healthcare law & civil rights focused on retrieving missing embryos, addressing discrimination.

I am seeking legal representation in Tennessee or Virginia specializing in fertility healthcare law and civil rights. My spouse and I wish to recover our missing embryos and believe strongly in our religious right to bear our own children. We aim to access fertility healthcare without... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation with missing embryos and fertility healthcare access requires immediate legal attention. Finding a lawyer with experience in reproductive rights and healthcare law in Tennessee or Virginia is crucial for addressing your concerns about retrieving genetic materials and combating... View More

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Seeking Tennessee lawyer for fertility healthcare & civil rights respecting religious beliefs.

I am looking for a lawyer in Tennessee who practices fertility healthcare law and civil rights, and who respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. We want any settlement with fertility clinics to focus on the retrieval of... View More

James L. Arrasmith
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answered on Mar 26, 2025

I understand you're searching for legal representation in Tennessee for your fertility healthcare concerns, with emphasis on recovering your embryos in alignment with your religious beliefs. Finding a lawyer who respects your faith while advocating for your reproductive and civil rights... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: What are the laws for access to mental health care in Tennessee?

I am seeking information about the laws and rights regarding access to mental health care services in Tennessee, specifically related to therapy and medication. What provisions exist to ensure patients have access to these services?

James L. Arrasmith
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answered on Apr 13, 2025

In Tennessee, you have a legal right to access mental health care services. The state has established regulations to ensure individuals receive appropriate care, balancing public safety and personal rights.

Recent legislation has expanded mental health coverage, requiring health plans to...
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1 Answer | Asked in Criminal Law, Family Law and Health Care Law for Tennessee on
Q: Can a mom legally take away Zoloft prescribed to a 16-year-old for bipolar disorder?

Is it illegal for a mother to take away Zoloft prescribed to her 16-year-old child for bipolar disorder? The medication has been prescribed since last year, based on medical professionals' recommendations due to the disorder. The mother claims the medication "messed with their head"... View More

James L. Arrasmith
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answered on Apr 13, 2025

In most cases, parents or legal guardians have the authority to make medical decisions for their children, especially when the child is a minor. However, if the medication is prescribed by a doctor for a specific condition like bipolar disorder, it’s important that any changes to the treatment... View More

1 Answer | Asked in Health Care Law, Civil Rights and Family Law for Tennessee on
Q: Seeking a fertility healthcare lawyer in Tennessee to recover missing embryos and protect reproductive rights.

I'm seeking a lawyer who practices fertility healthcare law and respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. We've spent $50,000 with a previous lawyer but have not retrieved our missing embryos and other genetic... View More

Michael G. Floyd
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answered on Feb 14, 2025

Good Morning:

I have reviewed your dilemma that you posted on Justia.

I view your causes of action as being an unconscionable contract, and a civil conspiracy as the primary matter to be litigated and the return of the embryos and rescission of the contract .

You did not...
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1 Answer | Asked in Health Care Law for Tennessee on
Q: Need daughter to leave my home as soon as possible. She the reason for all my health problems.
Anthony M. Avery
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answered on Feb 13, 2025

Hire a lawyer to file a Detainer Warrant in General Sessions.

1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Tennessee on
Q: My MIL lives with me in TN and has property in NC that is not habitable. Is property protected asset with medicaid

She is in need of long term facility care.

Nina Whitehurst
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answered on Sep 19, 2024

If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More

1 Answer | Asked in Construction Law and Health Care Law for Tennessee on
Q: can a hospital file a lien on a minor ?

my son was in an accident in March, I received a Hospital Lein yesterday in the mail. My insurance company has not been notified or sent the bill.

Anthony M. Avery
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answered on Jul 29, 2024

Yes...Apparently the hospital thinks the child may have a personal injury action against someone. You might want to talk to a lawyer.

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

James L. Arrasmith
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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

1 Answer | Asked in Health Care Law and Employment Law for Tennessee on
Q: I qualify for my employer's health insurance, I have enrolled but have not received anything. Are they breaking the law?

I qualify for coverage and it was supposed to have been provided over two months ago but I have yet to receive anything from them and I have contacted HR, corporate office, my manager, and the administrator with no response. Are they breaking the law?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. If there's deceit or falsification involved, yes, it could be breaking the law. But from your post, there aren't enough details to tell what's going on - it's possible it could be... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Q: Can I sue a large hospital for dropping the ball about 4 times before I got help for a severe case of sepsis

I think it first started with the placement of my pacemaker in January of 2022. I told the nurse I had a serious sinus infection and should we not wait? I was ignored.

Then on February 28, 2022 I finally succumbed to a severe case of sepsis and ended up in the hospital where I almost died.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

1 Answer | Asked in Estate Planning and Health Care Law for Tennessee on
Q: Can I request medical records from the hospital from my stepfather if I'm the beneficiary on his life policy

My stepdad passed away in October and he had a life insurance policy which I am the Beneficiary of he also lived with me and my wife for the last two years before he passed the life insurance company is doing an investigation because this policy was written 6 months before he passed, the death cert... View More

Anthony M. Avery
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answered on Mar 20, 2024

Being a designated insurance beneficiary does not give you standing except to sue on the insurance policy. If under $25K, you might file suit against the carrier in General Sessions. I suggest hiring an attorney to pursue your policy amount. It will be difficult if you do not have a copy of... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: HI if the healthcare company I work for in TN has released all of my psychotherapy notes to patients for the last 9m w/o

my permission and knowledge is that a violation of my protections

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like your situation may indeed be a violation of your privacy protections. In Tennessee, psychotherapy notes are generally considered highly confidential and can't be released without your explicit consent. Your employer releasing these notes without your permission violates your... View More

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