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Texas Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Texas on
Q: If I cure every disease possible and I can prove it and I need help distributing it

I have more information if your interested

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 14, 2020

You haven't asked a question. If you are able to cure every disease then you should get a patent as soon as possible.

1 Answer | Asked in Libel & Slander, Elder Law and Health Care Law for Texas on
Q: What type of attorney do we need and do we have a case for defamation of character? Are they obligated to train us?

My dad is in the hospital and has a tentative discharge date for next week where he will he is supposed to be sent home and we will take care of him. The hospital told us they will give us adequate time to train us to take care of him at home, but when I ask them if they will train us they tell me... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2019

A Texas attorney could advise you best, but your question remains open for two weeks. It sounds like the type of attorney you need is a health care attorney. If you want to pursue the false statement, that would be a defamation attorney. Before bringing attorneys into the mix, why don't you... View More

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.

Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries... View More

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2019

I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you... View More

2 Answers | Asked in Estate Planning and Health Care Law for Texas on
Q: A friend is dying. He has one sister and they don’t speak. I don’t know how to contact her and he doesn’t want to. I am

His medical power of attorney. Is it too late to get him to sign a will in hospice? I just want to use his money to pay for his cremation if he even has enough.

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Sep 26, 2019

Legal capacity to sign a Will is not determined by whether or not one is in hospice. You might want to contact a local elder lawyer: we make house calls. If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (eee.naela.org)

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1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: I was told if the state steps in to over see my elderly mother who has dementia they would take her home Is this true?

I live with my elderly mother who has dementia in her home. She is getting to the point where I can't care for her (no one has power of attorney) and I was wondering if I contact Adult Protective Services, would they help me get her help because she wont let me help her. And also someone told... View More

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Sep 23, 2019

Not in Texas. You may want to help your mother enter a memory care or a skilled nursing facility, though if she is being neglected because you cannot care for her at home anymore (when would you sleep?), Adult Protective Services may step in. If she has a medical necessity for nursing home care,... View More

1 Answer | Asked in Insurance Bad Faith, Family Law, Health Care Law and Medical Malpractice for Texas on
Q: Hello, my question is can a doctor be a beneficiary on an insurance policy in Texas. But I have the death certificate

and how can a doctor get a death certificate and he did not sign for it. also, the doctor does not want to meet with me or talk to me and my mother was mentally ill so I feel she was not in her right mind.

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2019

'Sorry that your question remains open for four weeks. At this point, it might make more sense to contact someone directly, either a Texas attorney who deals with life insurance claims litigation, or a knowledgeable licensed insurance professional in Texas who underwrites life insurance... View More

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: Would a medical poa prevent the APS from removing my dad from his home?

Even though they consider him incompetent he still drives, bathes himself, cooks, does own laundry, fixes stuff around the house, has own bank accounts, etc.

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 16, 2019

Having a POA does not stop the State from removing someone if they believe they are in danger. As I suggested before, you should immediately contact an elder law attorney who does guardianships as well.

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: If I have a POA can the state remove my father from his home because they think he's incompetent?

Started out as complaint about apparent self neglect then escalated to incompetence. Dad does drive safely, does own shopping, bathes, feeds himself, even shaves himself.

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 16, 2019

Do you have a medical power of attorney or just durable POA? I suggest you contact an elder law attorney asap. Sometimes, these investigations can get blown way out of proportion very quickly.

1 Answer | Asked in Health Care Law for Texas on
Q: Is it illegal for a therapist office to keep your money even though insurance paid 100% of the bill?

The therapist office says it will not refund us our money, because they are worried that CIGNA will recoup it's payments. However, it has been about two months since I brought this to their attention that they were getting double paid. They owe us almost $600.

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 13, 2019

You may reach out to the Texas State Consumer complaint department or contact your health insurance provider and tell them.

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: Puerto Rican hospice patient, made POA there.

I am hospice social worker in Texas. I am also a Texas notary. Dtr having difficulty getting POA honored in USA b/c it is in Spanish. Patient is now demented so can’t make a new one.

How can I help.

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2019

I suggest obtaining a certified translation of the document and attaching it to the original.

1 Answer | Asked in Tax Law and Health Care Law for Texas on
Q: What happens when a company pays employees with a personal check without a pay stub every pay period?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 5, 2019

There is no law or regulation requiring the use of a business account to pay employees. However, there are laws requiring all employers to inform all their employees--at least annually-- of the exact dollar amount they were paid and the exact dollar amounts of all deductions taken out of each... View More

1 Answer | Asked in Personal Injury and Health Care Law for Texas on
Q: Can i file a claim if an unreported superficial injury at work is exasperated by the daily job routine?

I overstretched my wrist at work but it seemed superficial at the time. Continued use of wrist at work exasperated the issue and it eventually required medical attention. Turns out i tore a couple ligaments. Incident occurred 2.5 months ago, but i didn't realise it was serious until i had to... View More

Daniel John Christensen
Daniel John Christensen
answered on Feb 13, 2019

I am sorry to hear about what you have gone through. A lot of my advice would depend on whether your employer subscribes to worker's compensation insurance. Please contact our office for a free consultation and we can give you the advice you need. 512-888-9999. We look forward to speaking to you.

2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

Got here when I was 4 & my folks got my Perm Residency (Green card?) many years ago. I would’ve already become a citizen like my mom & sis but I became disabled (another issue I need help w/since it seems that at least 1of my early docs messed up & is in jail 4 killing & harming... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing... View More

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1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?

my dad does not believe that she is doing this. he states he wants her there. we need to get him checked by a doctor to see if he is not going through some mental issues. we have reported the concerns to the company but they state that what she is doing is ok.

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Dec 13, 2018

If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that... View More

1 Answer | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on
Q: Can someone turn themselves in to State Hospital instead of jail?

Can someone with a non violent misdemeanor warrant in Travis County admit themselves into State Hospital to receive mental health care and serve their sentence there instead of jail? Or will they just be transferred to jail after they receive treatment?

Roy Lee Warren
Roy Lee Warren
answered on Apr 9, 2018

In my experience they can turn themselves in to the hospital but unless the court places a hold on them they will not get credit for the time they serve. I think you would be better off hiring a lawyer to work that deal out beforehand. Good luck to you.

2 Answers | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on
Q: Can someone turn themselves into state hospital instead of jail?

Can someone with a non violent misdemeanor warrant in Travis County admit themselves into State Hospital to receive mental health care and serve their sentence there instead of jail? Or will they just be transferred to jail after they receive treatment?

Grant St Julian III
Grant St Julian III
answered on Apr 8, 2018

If the warrant in question is not a mental health warrant, a State hospital has no basis to admit or keep you. Call an attorney in the County where the warrant is pending.

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1 Answer | Asked in Health Care Law for Texas on
Q: Does the Health Care Fraud Act fall under the umbrella of the False Claims Act or are they two completely separate laws?
Ryan P. Morrison
PREMIUM
Ryan P. Morrison
answered on Apr 25, 2018

My expertise is in the False Claims Act, but as I understand it, the Health Care Fraud Act is a criminal statute, calling for criminal fines and/or prison sentences for certain conduct that defrauds government health care programs. Think about it this way: the Health Care Fraud Act is when the... View More

Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

I have been employed with United Healthcare since 2009 a new supervisor was transferred to our company from Florida. I received a letter stating I will be terminated as of 4/2/18 even though I did not voluntarily quit. My insurance was all so cancelled I am still under psychiatric care due to I had... View More

S. Michael Graham
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S. Michael Graham
answered on Apr 3, 2018

Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney.... View More

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: Can I sell my used underwear? The underwear is brand new, I would just wear it for a couple hours.

I will put the underwear in a baggie and seal it, then wrap it in tissue appear and put it in a USPS padded envelope. Is it illegal?

Grant St Julian III
Grant St Julian III
answered on Feb 2, 2018

You can sell worn underwear if anyone wants to buy it; just make sure you disclose the fact you have worn the items

Q: Can I sue my company after they ignored health complaints?

The heart attack occurred after I complained to my boss that I was not feeling well, I explained my chest was hurting. He told me to be quiet and go to work. 20 min later I had a massive heart attack while attempting to work.

Roy Lee Warren
Roy Lee Warren
answered on Oct 26, 2017

If they have wc you are limited to filing a claim for wc. Heart attacks (HA) are difficult to prove so I suggest hiring the best WC lawyer you can find. They handle cases on a contingency fee basis so if the lawyer does not win, you owe nothing. HA require proof from a medical provider that will... View More

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