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Tennessee Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law for Tennessee on
Q: I have health insurance through my job and had a baby on 12/15/22 the insurance doesnt cover my baby..why?

I live in TN. My job no longer uses this insurance. I thought my baby was an extension of me

0 Answers | Asked in Health Care Law for Tennessee on
Q: Any laws I need to know of to do psychotherapy with mature minors in TN?

I'm an LPC. I usually see adults, but want to open up to seeing mature minors (16-17 year olds). I know they can provide informed consent and have confidentiality. Any other laws I should be aware of?

1 Answer | Asked in Health Care Law for Tennessee on
Q: How do I know if I was legally considered voluntarily or involuntarily from the ER to a mental institution?

Went to the ER with a family member because I was suicidal. They had someone talk to me on an iPad and an hour later they moved me to the “ psychiatric hold area” I was there for 3 days and then sent to a psychiatric facility. When I got there the Dr asked me if I wanted to stay, I said yes. I... Read more »

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

It sounds like you may have been there voluntarily. You can ask the hospital for your medical records and see what is in those records. That would be a good start.

1 Answer | Asked in Health Care Law and Social Security for Tennessee on
Q: i am Durable POA with matter-in-fact w/2 notarized signatures Tenn. How come i can't get medical records with that?

I am Durable POA for my son. I have dealt with his banking, IRS, SSI and none of them had a problem with my POA document. I am having a really hard time trying to retrieve his recent medical records for SSI. The facility is saying my document isn't all there. There's 4 pages with my name,... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 10, 2023

Matter Of Fact is not an Attorney-In-Fact nor an agent for the Principal. Hire a competent attorney to examine the executed POA and advise. Is your Son of age? Did the Notary execute it properly? Did the Principal initial all non-signed pages? A new, properly executed instrument is probably in... Read more »

0 Answers | Asked in Health Care Law for Tennessee on
Q: Tennessee Code An § 68-57-102 does not allow cert for Surg Techs from (NCCT), but TN hospitals are hiring Tech in Surg

Which is the same as Certified Surg Tech. TS-Certified by NCCT. If TN doesn't allow NCCT certification for surgical techs then how is this possible.

1 Answer | Asked in Health Care Law for Tennessee on
Q: IF AN ATTORNEY KNOWS THAT A PERSON IS IN VIOLATION OF A HEALTH CODE ARE THEY OBLIGATED TO REPORT IT?

IF THERE IS A HEALTH CODE VIOLATION WHERE A PERSON IS LIVING IN A HOUSE WITH NO WORKING SEPTIC OR TOILET IS AND AN ATTORNEY HAS BEEN GIVEN KNOWLEDGE OF THIS ARE THEY OBLIGATED TO REPORT THIS TO THE PROPER PEOPLE?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 8, 2022

No.

1 Answer | Asked in Health Care Law and Small Claims for Tennessee on
Q: In Tennessee can a dentist office bill me for services performed over two years ago?

I visited this dentist over two years ago and they apparently made a billing error with the change over to a new system. I never received a bill. I had been seeing a different dentist and I recently decided to go back to this office. I made an appointment and was informed of a $250 balance. I... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 17, 2022

SOL has not run on that services charge yet. You might compute your balance and then call them offering payment of the same. Do not send a check, but use a money order. Otherwise they will know where to collect a judgment.

1 Answer | Asked in DUI / DWI and Health Care Law for Tennessee on
Q: I experienced a drug overdose. I was on the side of the road and when it happened, my foot came off the brake

It's a 5 speed truck and it rolled into the road. It wasn't started and was in the off position. They charged me with DUI and impeding traffic. Is this consistent with the law? I was curious because of the good Samaritan law

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 4, 2022

TN has always prosecuted anyone for DUI that had the capability of driving or the LEO suspected he had been driving earlier.

1 Answer | Asked in Health Care Law for Tennessee on
Q: In TN is it legal for a doctor to dismiss patient for missed appointments
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. Until you're able to discuss with a Tennessee attorney who could address state-specific health care law, the basic rule nationwide is that a doctor is generally free to dismiss a patient (unless it involves... Read more »

1 Answer | Asked in Consumer Law, Contracts and Health Care Law for Tennessee on
Q: how do i make a case with billing provider I have, have lost thousands of dollars

they are changing the order of my documentation hence getting claims denied

new provider owned practice, been opened a year

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It doesn't make sense for a provider or billing company to jeopardize payment for medical services by submitting procedures (or supporting documentation) out of sequence; further, the claims examiner should... Read more »

1 Answer | Asked in Health Care Law for Tennessee on
Q: Can a clinic charge for medical records?

Hand delivered, with a signature, 68 requests for patient’s medical records, 12 weeks later we have not heard anything. Wrote an email and received a reply requesting $400 for the records. Is this legal?

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

A Tennessee attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, medical offices or their chart management vendors do charge fees for medical records. If the file is small, some offices provide free records as a courtesy. There are public health... Read more »

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Tennessee on
Q: How do I become exempt from the Tennessee window tint laws? I can’t seem to find the form online, or even an answer.

I have a history of light hurting my eyes and not being able to fully open my eyes on a sunny day, or even keeping the lights in my home at maximum brightness. I sometimes get fatigued from too much light and get tired fairly quickly from the excess light. I was hoping to become exempt from the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 13, 2021

That Rule of the Road Statute applies to all drivers. An exemption is not possible.

1 Answer | Asked in Elder Law and Health Care Law for Tennessee on
Q: We own our home. How can we make sure the state cannot take our home if we should need long term care? Income is ss
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2021

There is no perfect way to protect assets, but the sooner the better. Consult with a competent attorney about risks and Deed options.

1 Answer | Asked in Health Care Law for Tennessee on
Q: If an LPC gets an assault charge does it end his or her license?

LPC assault a minor child in a parking lot.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 1, 2021

It should not if the LPC gets a competent attorney. The charge needs to be Diverted, Dismissed and Expunged. It is possible the Regulatory Agency will never know.

1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

Bennett James Wills
Bennett James Wills
answered on Aug 11, 2020

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: Since my insurance policy is administered by my company out of state, does the 30 day rule apply?

My divorce was final June 3ed after many delays. No formal notice was issued to my spouse.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 22, 2020

There is no 30 day rule. I assume you are talking about an Appeal or setting aside the MDA. You were supposed to inform the Spouse of the Termination Of Insurance. In effect, you have lied to the Court. The Spouse has grounds to Set Aside the Divorce, possibly up to 1 year from Judgment.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Tennessee on
Q: Can my manager comment on my mental health issues?

I work at a retail store as a pharmacy technician. I have ADHD, anxiety, and depression. I take medication for all of these conditions, and for the most part, I feel they’re under control and that I do my job reasonably well. I’ve always been pretty upfront about my struggles, so they're... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 11, 2020

I'm sorry for your ordeal and that your post remains open for five weeks. At this point, you could consider reaching out to Tennessee employment attorneys to discuss your matter in confidence. The format here is brief general questions, and your description seems more complex than something... Read more »

1 Answer | Asked in Business Formation and Health Care Law for Tennessee on
Q: As a pharmacist, am I able to virtually counsel patients from other states? Are they 'virtually' in TN?

Hello, I am a Pharmacist in Tennessee, and I want to start an online pharmacist consulting business involving reviewing patient's medications, recommending optimal therapy based on best evidence, answering drug information questions and providing cost-savings by finding cheaper alternatives... Read more »

Paul E. Tennison
PREMIUM
Paul E. Tennison
answered on May 18, 2020

You are likely in need of a business attorney to advise regarding these points. I recommend you consult with an attorney for detailed answers to these questions and deeper discussions of potential legal risks in this new business plan and ways you may mitigate that risk.

The law generally...
Read more »

1 Answer | Asked in Contracts, Family Law, Civil Rights and Health Care Law for Tennessee on
Q: How can someone get their power of attorney back from a guardian?

I'm married and polyamorous, my boyfriend was forced to sign over his legal rights to his family because he's disabled. His family recently decided to control everything he does, including a rule that he has to update them on where he goes. He's 25 and fully functioning. He wants to... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 8, 2020

Normally, a power of attorney can simply be ended by the rejection of the POA. However, it this is court ordered as you question suggests, he will need to retain counsel, file a petition and have a hearing to prove the POA is no longer needed.

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