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Colorado Health Care Law Questions & Answers

1 Answer | Asked in Civil Litigation and Health Care Law for Colorado on

Q: How does a garnishment for a hospital stay work? And how can I stop it or condense it?

A court was held but I didn't know and just received all the paperwork after being garnished this last paycheck.

Donald C Eby answered on Jun 10, 2019

Have your considered filing Bankruptcy? This is usually the most effective method and you may gain additional debt relief in the process.

1 Answer | Asked in Child Custody, Family Law and Health Care Law for Colorado on

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

I have a court approved, filed parenting agreement for my 4 year old son. I am designated the primary custodial parent with sole medical, dental, and mental health decision making. My son recently had to have 2 teeth pulled due to defects in the enamel that originated at birth. I filled out the... Read more »

John Hyland Barrett III answered on Jul 7, 2017

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... Read more »

1 Answer | Asked in Immigration Law and Health Care Law for Colorado on

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

Kevin L Dixler answered on Jun 28, 2017

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. https://www.colorado.gov/pacific/dora/civil-rights/filing-a-charge

Due to Congressional...
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1 Answer | Asked in Tax Law and Health Care Law for Colorado on

Q: Colorado health insurance question

In 2016 I had a mix of ACA, employee, and Medicaid health insurance. As I was unemployed at the end of 2015 I had signed up for Medicaid. From that point on we received conflicting mail from the state saying it as on, off, etc - never clear. Thinking it was off at the time I started a new job in... Read more »

Tristan Kenyon Schultz answered on May 22, 2017

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... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Colorado on

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.

Now i have hospital bills, i may have trouble finding another job. My boss stayed in the room. HIPPA violations. I did work in the same hospital. I quit do to this. I have 2 hours of the admissions on video. With the mri, they irratiated my head and eyes for 30min. For a urine test. I have them... Read more »

Peter N. Munsing answered on May 1, 2017

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.

1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Health Care Law for Colorado on

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

I was unlawfully detained by fire/ems & threatened to go by amb to the hosp. or they'd call the cops. I was threatened with jail if I didn't sign the ER consent. I was told the same if I didn't step on the scale & do the sobriety tests (in the ER). I finally was allowed to go pee (told to leave... Read more »

Tristan Kenyon Schultz answered on Apr 16, 2017

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on

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

I am aware that in the state of CO, minors of 15 may consent to some treatment, but I have also been informed that "a parent has to consent to medical treatments for a child under 18, unless the child is at least 15 years old, is living away from his or her parents, and is paying his or her own... Read more »

Tristan Kenyon Schultz answered on Apr 7, 2017

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...
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1 Answer | Asked in Contracts, Consumer Law and Health Care Law for Colorado on

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

it is also out the state I live in

Tristan Kenyon Schultz answered on Mar 23, 2017

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,... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on

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

I took my baby to the er they said she was fine. Today I took her to children's hospital for the same reason and now they are putting a breathing tube in and we have to say we for a week.

Peter N. Munsing answered on Feb 7, 2017

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... Read more »

1 Answer | Asked in Health Care Law and Insurance Defense for Colorado on

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

I had a skin infection on my hand from a cat bite.

I asked to be treated as an outpatient but the doctor refused saying I had to be admitted.

I haven't got the bill yet but I expect to get one soon.

The insurance company says the hospital handled this the wrong way.... Read more »

Tristan Kenyon Schultz answered on Jan 18, 2017

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... Read more »

1 Answer | Asked in Health Care Law for Colorado on

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

On probation for a dwai last year. Recently went to emergency room to assist in final leg of self-imposed withdrawals (from a substance not scheduled or controlled, but which could likely constitute prob violation against using "abusable" drugs - Tianeptine) and associated panic attack. In relation... Read more »

Tristan Kenyon Schultz answered on Dec 21, 2016

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... Read more »

1 Answer | Asked in Divorce and Health Care Law for Colorado on

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

My husband makes a good living, but I am a stay at home mom and will need health care. I don't want to leave any lag time so that I get charged the fine.

Tristan Kenyon Schultz answered on Oct 3, 2016

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,... Read more »

1 Answer | Asked in Health Care Law and Consumer Law for Colorado on

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

Husband had dental work done prior to his 6 month waiting period. No one at the office had told him that he had this waiting period (understandably, we have the duty to read all fine print). However, I went to my own dentist and they notified me immediately of my waiting period and wouldnt... Read more »

Tristan Kenyon Schultz answered on Mar 3, 2016

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... Read more »

1 Answer | Asked in Collections, Health Care Law and Consumer Law for Colorado on

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

time frame so they say they will not pay. Now the ambulance company is expecting me to pay out of pocket. Am I responsible for this bill since it is their fault for not filing the claim in time?

Tristan Kenyon Schultz answered on Feb 8, 2016

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)... Read more »

1 Answer | Asked in Health Care Law for Colorado on

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

Tells the brothers therapist. Is this not a breach of confidentiality

Tristan Kenyon Schultz answered on Jan 27, 2016

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... Read more »

1 Answer | Asked in Health Care Law for Colorado on

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

I am being blamed and forced to believe I do not make effective treatment decisions. please help.

Tristan Kenyon Schultz answered on Nov 22, 2015

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... Read more »

1 Answer | Asked in Health Care Law for Colorado on

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

My overbearing parents are determined to have me medicated for depression even though I refuse treatment. 7 months ago they called the cops and had me taken in to the hospital for a mental evaluation. I was released within an hour because I was not suicidal and did not have intentions of harming... Read more »

Tristan Kenyon Schultz answered on Nov 1, 2015

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... Read more »

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