Colorado Health Care Law Questions & Answers

Q: My sons alleged father refuses to return my son as verbal agreement because of his new girlfriend

1 Answer | Asked in Family Law, Child Custody, Health Care Law and Identity Theft for Colorado on
Answered on Dec 28, 2017
Stephen J. Plog's answer
If you know he is the father you are going to have to file an "allocation of parental responsibilities" case (a custody case). If paternity is an issue, you can either file a paternity case or you can seek paternity testing within the custody case. More information is needed to assess whether you state some sort of emergency basis for a court entering an order for your son's immediate return. You need to consult with a family law attorney.

Q: Hipaa privacy rules in regards to minors of divorced parents.

1 Answer | Asked in Child Custody, Family Law and Health Care Law for Colorado on
Answered on Jul 7, 2017
John Hyland Barrett III's answer
Your ex still needs to pay his court ordered share of the bill. Since you have sole decision making authority, you can decide with the dentist about treatment. You can request judgment against him for the unpaid amount or cite him for contempt of court. I do not know anything about remedies against the dentist.

Q: Hello, can an office manager deny my scheduled doctor 's app because he has never seen a green card.

1 Answer | Asked in Immigration Law and Health Care Law for Colorado on
Answered on Jun 28, 2017
Kevin L Dixler's answer
No, that is discrimination based upon alienage. This is a violation of your civil rights. First, work with the State of Colorado. This is the website to file a civil rights complaint with Colorado.

Due to Congressional decisions to cut funding, you may have trouble getting the attention of U. S. Department of Civil Rights. However, I recommend that you go to this website and seek assistance, because this is a...

Q: Colorado health insurance question

1 Answer | Asked in Tax Law and Health Care Law for Colorado on
Answered on May 22, 2017
Tristan Kenyon Schultz's answer
Based on your facts, the two 1095s show that you were doubly insured (which you now already know). The IRS does not consider insurance options--they only compute the penalties. Colorado will likely demur because you acted on your own behalf (even if based on confusion). As a result, the dual insurance will likely stand.

You can appeal the determination with the IRS, but you will need to contact (and pay for) a tax attorney's assessment. There may be grounds for an abatement of the tax,...

Q: My boss had me admitted in er for piss test and i recorded it on my phone. They took blood, did a mri. Where do i go.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Answered on May 1, 2017
Peter Munsing's answer
Employer should pay. See if what's on the phone can be downloaded--you want backup copies in case it's erased.

Contact an attorney who handles employment issues for employees --members of the colorado assn for justice give free consults.

Q: Does it matter if the police arrested you before/after the ordering of the urine & blood tests or having the results?

1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Health Care Law for Colorado on
Answered on Apr 16, 2017
Tristan Kenyon Schultz's answer
The time of the arrest may be an issue, but the timing of the arrest usually does not impact failed test results. When you get a lawyer (either a PD or hire a private criminal lawyer) you can discuss the potential inadmissibility of the urine/blood tests.

Q: In Colorado, is it lawful for a psychiatrist to prescribe anti-depressants to a minor of 15 without parental consent?

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Answered on Apr 7, 2017
Tristan Kenyon Schultz's answer
This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

As a general rule, the practice you mentioned is allowed. There are some exceptions, but this is something you will need to contact (and pay for) a lawyer's opinion in a private setting.

Q: Can they garish your wages for a hospital bill back in 2004

1 Answer | Asked in Contracts, Consumer Law and Health Care Law for Colorado on
Answered on Mar 23, 2017
Tristan Kenyon Schultz's answer
Each state has a statute of limitations on debts (Colorado is 6 years--most are less, but the highest is Kentucky with 15 years). That said, it is possible that even though a debt has passed the SoL, it can be revived by the debtor (usually by acknowledging the debt). There is another possibility, some debt collectors simply violate the law--it is not right, but they can get away with it if they are not challenged. If you feel the garnishment was placed in error, the best advice is to contact...

Q: Can I sue a hospital for sending me home with a very sick child?

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Answered on Feb 7, 2017
Peter Munsing's answer
Depends on her symptoms first time. Things can shift overnight. However focus on her care, then when all the dust has died down and she's well, Contact a member of the Colorado Trial Lawyers Assn who handles medical issues--they give free consults. While it's fresh in your mind, jot down what happened when, then go over it put it in order. Jot down as exactly as you remember exactly what--the words--used by the people you interacted with at the ER. Not a "well I took it to mean that......" but...

Q: My insurance company declined to pay my hospital bill on the grounds that I should have been treated as an outpatient.I

1 Answer | Asked in Health Care Law and Insurance Defense for Colorado on
Answered on Jan 18, 2017
Tristan Kenyon Schultz's answer
You have three options. One, you can appeal the insurance company's determination. Two, you can see if the insurance company's determination voids some or all of the medical charges because of the violation of the agreement between the doctor/hospital (I have seen over $200,000 worth of charges voided this way for clients). Three, you can pay the difference. Options one and two will require a lot of time on the phone, but the payoff if it works will be great. Option three is the easiest, but...

Q: Can an emergency room visit for panic attacks and withdrawal be subpoenaed without patient consent?

1 Answer | Asked in Health Care Law for Colorado on
Answered on Dec 21, 2016
Tristan Kenyon Schultz's answer
As a condition of parole, the general rule is that parolees cannot prevent the release of limited amounts of relevant medical records on request (often tied to the type of offense). The ER visit (with documentation) should be ok with your parole officer, as for Tianeptine this is a grey area. Since Justia's Q&A is NOT covered under a attorney-client relationship (meaning that this question and answer is publically available on the internet indefinitely), I highly recommend that you direct your...

Q: How soon after a divorce can my kids and I receive Medicaid?

1 Answer | Asked in Divorce and Health Care Law for Colorado on
Answered on Oct 3, 2016
Tristan Kenyon Schultz's answer
Healthcare should be covered under the separation agreement and custody agreement. For the minors it is totally reasonable to request that the father pay for their healthcare costs (esp. if he is historically the breadwinner--this request will likely reduce potential alimony requests). For you, most separation agreements allow a 1-2 month carryover period after the final decree to allow the parties to get their own healthcare (this, like most aspects of a separation agreement, is negotiable)....

Q: Dental Insurance - Are there any remedies for work done before the waiting period?

1 Answer | Asked in Health Care Law and Consumer Law for Colorado on
Answered on Mar 3, 2016
Tristan Kenyon Schultz's answer
From your facts is appears that your dental insurance company provided adequate notice to you and applicable dentists, so you likely do not have a claim against the insurance company. Turning to your husband's dentist, your situation is not a clear-cut case. Unless the dental agreement states otherwise, the DDS' office is generally not required to notify you of potential billing problems (a contact law claim); however, most insurance companies require that doctor's offices pre-authorize...

Q: Had to take an ambulance ride. The ambulance company did not file the claim to the insurance company in their allotted

1 Answer | Asked in Collections, Health Care Law and Consumer Law for Colorado on
Answered on Feb 8, 2016
Tristan Kenyon Schultz's answer
I' handling a similar matter like this today. There is not a clear rule on this matter and it partly depends on your insurance. As a general rule, your insurance carrier requires the ambulance company (like all medical billers) to follow certain procedures. If the biller (the ambulance company) cannot properly file a claim with your insurance, they cannot seek payment from you (the patient). In reality, most medical billers will charge you anyway. Try contacting your insurance company to see if...

Q: A brother and sister are in therapy. The sister tells her therapist something about the brother and her therapist

1 Answer | Asked in Health Care Law for Colorado on
Answered on Jan 27, 2016
Tristan Kenyon Schultz's answer
It may be a violation. However, therapists are allowed/required to report certain information. The most common exception is if a crime of significant injury/harm is likely to occur. Lawyers have this exception too incidentally... If you feel the reporting was not justified you can file a complaint with the state.

Q: I need an attorney for Involuntary medication administration authority appeal

1 Answer | Asked in Health Care Law for Colorado on
Answered on Nov 22, 2015
Tristan Kenyon Schultz's answer
Has a court already held that you are incompetent? If it hasn't there will be a required hearing in which the party trying to find you incompetent will have to prove by clear and convincing evidence (a heightened standard) that you are incompetent. You should seek legal representation (either a hired attorney or a public defender). If the hearing has already occurred (and you were found incompetent), the appeal process is more difficult and you will need to contact an attorney (the appeal must...

Q: Am I legally bound to go to psychatric hospital if family member calls the cops?

1 Answer | Asked in Health Care Law for Colorado on
Answered on Nov 1, 2015
Tristan Kenyon Schultz's answer
From the US Constitution, an individual has a right to a judicial hearing before being involuntarily committed on an permanent basis. There is an exception that allows the state (i.e. police or social workers) to place a temporary hold (without a hearing) if there is a reasonable belief the individual is a risk to themselves or others.

Turning to your situation. Your parents can call the police and the police may hold you for a psychological evaluation (if they reasonably believe you...

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