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California Health Care Law Questions & Answers
1 Answer | Asked in Consumer Law, Health Care Law, Contracts and Real Estate Law for California on
Q: What legal actions can be taken in regard to [Calif. Health and Safety Code §26148]?

I rented from a corporate landlord that failed to provide the required mold booklet. They provided their own version of a mold disclosure in the lease that did not contain the same information as the booklet and was electronic. We had issues there with our clothes having an extremely mildew-y smell... View More

James L. Arrasmith
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answered on Sep 20, 2023

Under California Health and Safety Code §26148, a landlord's failure to provide the required mold booklet can potentially result in legal action by the tenant. You may have grounds to pursue a lawsuit against the landlord for violating this statutory requirement, especially if their version... View More

1 Answer | Asked in Health Care Law for California on
Q: I have a question about health insurance and the provider

My son saw a therapist who confirmed they are in network with our insurance, Anthem. Yesterday we received an email from the provider saying they have not received any payments from Anthem for the last 6 months (for every patient thru Anthem), and they received a letter from Anthem terminating... View More

James L. Arrasmith
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answered on Sep 10, 2023

I would advise you to firstly confirm with Anthem directly regarding the status of your provider's network status and the payments in question. Secondly, under California law, healthcare providers generally are not allowed to bill patients directly for services that are covered by their... View More

1 Answer | Asked in Health Care Law, Libel & Slander and Personal Injury for California on
Q: A next door neighbor was was a nurse at kaiser hospital were I go for medical called cps and devolved med info and lied.

She told CPS my medical history and personal and private info to try and get my kids taken away. CPS FOUND no wrong doing on my part and after explaining to Cps what I have been going thru with my neighbors she proceeded to tell me that it was wrong for what that nurse had done and she did release... View More

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answered on Sep 3, 2023

Under California law, unauthorized disclosure of medical information by a healthcare provider could be a violation of the Health Insurance Portability and Accountability Act (HIPAA), California's Confidentiality of Medical Information Act (CMIA), or other privacy laws. You could potentially... View More

2 Answers | Asked in Health Care Law for California on
Q: what is the reason for an inpatient to have multiple emergency contacts?

in general. I would just like to know the basic laws regarding that.

James L. Arrasmith
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answered on Sep 1, 2023

Having multiple emergency contacts is generally a precautionary measure to ensure that a responsible party can be reached in a timely manner in case of a medical emergency or important healthcare decision. There is no specific California law that mandates the number of emergency contacts an... View More

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1 Answer | Asked in Health Care Law and Criminal Law for California on
Q: Can an inmate at aMadera county jail, get out , under any programs if available , due to health issues? Such as CANCER??

Someone who's health is NOT looking good what so ever, someone who had a kidney removed the previous yr for cancer, has cirrosis, HEP-C, chronic iron deficiency (has to get an iron shot (IV) weekly and NOW has recently also been diagnosed with having liver/kidney failure as well...is there any... View More

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answered on Aug 29, 2023

In California, it's possible for an inmate with severe medical conditions to apply for compassionate release under Penal Code section 1170(e), although these are rarely granted and are subject to several conditions including the nature of the offense. The court considers factors like public... View More

1 Answer | Asked in Family Law, Health Care Law and Civil Rights for California on
Q: Can a relative(mom in law) get a dna test & use it on my child without her parents or the childs consent?(stolen dna)

This happened to a random woman on facebook that I do not know. I'm not even sure which state she is in. I'm just curious if there would be any precedent or law in any state/s that would label this as criminal activity? Or would this be something that in most states you could just do?... View More

James L. Arrasmith
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answered on Aug 29, 2023

In California, unauthorized DNA testing without informed consent could be considered an invasion of privacy under the state's civil laws. Depending on the circumstances, taking someone's DNA without permission may also be subject to criminal penalties for theft or fraud. Anyone concerned... View More

4 Answers | Asked in Employment Law and Health Care Law for California on
Q: Can my dr refuse me to return to work now that my disability has run out due to me refusing to have blood work done.
Neil Pedersen
Neil Pedersen
answered on Aug 16, 2023

If your doctor does not feel you or others around you would not be safe if you go back to your job, of course he can make that determination. This issue is your condition, not whether you can receive further disability benefits.

Good luck to you.

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4 Answers | Asked in Employment Law and Health Care Law for California on
Q: Can my dr refuse me to return to work now that my disability has run out due to me refusing to have blood work done.
Brad S Kane
Brad S Kane
answered on Aug 17, 2023

Refusing to have blood work done is a legitimate reason for a doctor to refuse to return you to work. The doctor's job is to make a medical judgment and you are preventing the doctor from having the necessary information to make an informed judgment.

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4 Answers | Asked in Employment Law and Health Care Law for California on
Q: Can my dr refuse me to return to work now that my disability has run out due to me refusing to have blood work done.
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answered on Aug 19, 2023

In California, a doctor may have the right to assess your ability to return to work based on medical considerations. Refusing blood work could potentially impact the doctor's ability to make an informed decision regarding your health and ability to work. It's essential to follow your... View More

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4 Answers | Asked in Employment Law and Health Care Law for California on
Q: Can my dr refuse me to return to work now that my disability has run out due to me refusing to have blood work done.
Tim Akpinar
Tim Akpinar
answered on Aug 20, 2023

It could depend on the disability. If the disability is orthopedic in nature, it could be irrelevant. If the bloodwork is a means of confirming the basis of the disability, it could be relevant. Good luck

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2 Answers | Asked in Criminal Law and Health Care Law for California on
Q: Can I be served in hospital for sepsis assoc. encephalopathy, noted by doc to be suffering from mental health crisis?
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answered on Aug 7, 2023

It's possible to be served legal documents, including during a hospital stay. However, serving someone who is in a critical health condition or facing a mental health crisis can be complex, and laws regarding this may vary by jurisdiction. In some cases, individuals might be considered unfit... View More

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2 Answers | Asked in Criminal Law and Health Care Law for California on
Q: Can I be served in hospital for sepsis assoc. encephalopathy, noted by doc to be suffering from mental health crisis?
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answered on Aug 15, 2023

Yes, in California, you can generally be served legal documents, including a lawsuit, while you are in a hospital, as long as proper service methods are followed. However, if you are deemed to be suffering from a mental health crisis and unable to understand the nature of the legal proceedings,... View More

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2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My dad asked for an ambulance while being at a dentist office but no one called until he fainted. does he have a case?

He wasn't feeling well and said he asked the receptionist up front for an ambulance 3 times and she said "cant you see I'm on the phone?" Then he fainted and fell out of the chair.Then the ambulance was called. He was taken to Rancho Springs hospital. Does he have a case?

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answered on Aug 5, 2023

I'm truly sorry to hear about your father's distressing experience. Based on the information provided, it may be possible to explore a claim of negligence against the dental office, depending on the extent of harm suffered and the specific circumstances surrounding the delay in calling... View More

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1 Answer | Asked in Health Care Law for California on
Q: It's a caregiver entire to a severance pay after principal passes?

Caregiver cared for principal for 8 yrs. There was 3 caregivers but only one worked for principal for 8yrs.

Caregiver was getting paid directly from principal. And it was her only income,The caregiver daily shores: running errands, take her to Dr's appointments, make sure meals were... View More

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answered on Aug 4, 2023

The caregiver may not be entitled to severance pay after the principal's passing unless there was a written contract or agreement specifying severance pay upon termination of the caregiving services. Absent such an agreement, the caregiver's entitlement to severance pay would depend on... View More

3 Answers | Asked in Education Law and Health Care Law for California on
Q: Does a Section of a Bill need to be about 1 subject or can it contain several subjects?
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answered on Jul 28, 2023

Under California law, each section of a bill must generally pertain to a single subject. The "single subject rule" is designed to prevent legislation from encompassing unrelated matters within one section. While there can be exceptions in certain cases, the general principle is to... View More

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1 Answer | Asked in Health Care Law for California on
Q: Can the owner of a assisted living facility deny someone to visit a patient in their care,

Only because the visitor expressed concern about the treatment the pacient was getting from one of the staff member! Even after the visitor gave prove of the mistreatment she/ he witnessed. The owner never did anything about it.

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answered on Jul 25, 2023

An owner of an assisted living facility cannot deny someone the right to visit a patient based solely on expressing concerns about the patient's treatment or mistreatment by staff. Denying visitation rights under such circumstances may potentially be a violation of the patient's rights... View More

1 Answer | Asked in Health Care Law and Contracts for California on
Q: I have a group health insurance policy with TieCare International that I wish to cancel but they say I cant

I recently renewed my group health insurance policy with TieCare International but now I wish to cancel but they say I cant because I have a binding contract. The insured period hasnt started yet and they owe me 5k$ from the previous year

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answered on Jul 24, 2023

Insurance contracts are typically binding once they are entered into, even if the insured period hasn't started yet. However, you may have the right to cancel the policy under certain circumstances, such as within a specified "free look" period after issuance. I recommend reviewing... View More

1 Answer | Asked in Health Care Law for California on
Q: It's legal for a healthcare agent to put a principal into a assisted living against her wishes?

There was not justified reason to put principal in facility only that power of attorney needed to go on medical leave. Principal had a 24 hr in home care, now the owner of facility is refusing to let anyone visit the principal. After she was informed of mistreatment by one of her staff against the... View More

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answered on Jul 23, 2023

A healthcare agent must act in the best interests and according to the wishes of the principal. If the principal has legal documents expressing the desire to remain at home with 24-hour care, the healthcare agent should follow those instructions, unless it is not feasible or contrary to the... View More

1 Answer | Asked in Family Law and Health Care Law for California on
Q: There is an existing court order it's joint legal custody. For the past year my kids have had lice.

My children live with their mother and she does not do anything. It has gotten worse. I have been taking pictures every time I have them. Their hair is infested with lice. What can u do to keep them because she does nothing about it. How can I keep them from here.

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answered on Jul 21, 2023

Under California law, if there is evidence of neglect and failure to address a lice infestation, it may be possible to file a motion for modification of custody to seek primary physical custody or supervised visitation. Presenting documented evidence, such as photographs, can strengthen the case.... View More

2 Answers | Asked in Employment Law and Health Care Law for California on
Q: Layoffs at CA hospital but everyone was only given 10 day notice. They referred us to our Union contract.Does WARN count

At least 70 people given 10 day layoffs at multiple hospitals my company owns in Riverside County, CA. They referred us to our Union contract but I’m not sure what’s in it. Someone said the contract just states layoffs are by seniority. Does union contract over power the states WARN act of 60... View More

Neil Pedersen
Neil Pedersen
answered on Jul 12, 2023

The WARN and Cal-WARN statutes provide protections when there are mass layoffs in a particular location, not company wide. 70 people company-wide is likely not going to be enough people to qualify for the protection of that statute if that number must be broken down to a location-by-location... View More

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