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Florida Health Care Law Questions & Answers
2 Answers | Asked in Divorce, Health Care Law and Family Law for Florida on
Q: Do I need evidence to oppose providing health insurance or alimony in a Florida divorce counterclaim?

As the respondent in a Florida divorce case, am I required to provide supporting evidence in my counterclaim explaining why I do not want to provide health insurance or alimony to the petitioner?

Destardes Moore
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Destardes Moore
answered on Nov 2, 2025

As the respondent in a divorce case, you should provide supporting evidence for any claims made in your answer and counterpetition, including those opposing the provision of health insurance or alimony. This evidence is essential to substantiate your position and to rebut any assertions made by the... View More

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2 Answers | Asked in Health Care Law, Insurance Bad Faith and Personal Injury for Florida on
Q: Hospital canceled surgery due to insurance issues; what legal actions can I take?

I was scheduled for oral surgery, but the hospital canceled it last minute because they failed to contact my insurance for pre-authorization. I've been told it will take four to five months for them to process the paperwork for insurance, even though my insurance has no issues with approving... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2025

A Florida attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Your most economical starting point, without involving attorneys, could be to contact your insurance carrier and ask them if they can coordinate with patient advocates or social workers... View More

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1 Answer | Asked in Health Care Law and Estate Planning for Florida on
Q: Can I appoint a temporary healthcare surrogate in Florida?

I am a designated healthcare surrogate in Florida, where the principal is currently on hospice and cannot make their own decisions. I plan to be out of town for 7 days and may be unavailable by telephone. Given the history of medical decisions needing attention, am I able to appoint a temporary... View More

Kristen Weiss
Kristen Weiss
answered on Aug 15, 2025

There is no formal process to temporarily appoint a standing surrogate. I would discuss with the healthcare providers and see if they have a protocol for situations like this. They may be able to work for you. My only other thought is that if there is a valid POA with healthcare powers, the you or... View More

2 Answers | Asked in Health Care Law, Estate Planning and Public Benefits for Florida on
Q: Will recent house deed transfer affect Medicaid eligibility?

I recently transferred the deed of my mother's house to myself two weeks ago. She may now need to apply for Medicaid for assisted living. There was a payment involved in the transfer. She has not applied for Medicaid before. Will this deed transfer affect her eligibility for Medicaid?

Nina Whitehurst
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answered on Jun 16, 2025

If you paid fair market value for the house this will not cause your mom to incur a Medicaid uncompensated transfer penalty.

But to the extent that you paid less than fair market value there will be a penalty assessed if she applies for Medicaid within the next five years. If you think...
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3 Answers | Asked in Real Estate Law, Estate Planning and Health Care Law for Florida on
Q: Can a lien be placed on a Florida home owned as "Tenants by Entirety" due to husband's medical bills?

I own a home in Florida with my husband as "Tenants by Entirety." My husband has recently learned he has advanced stages of cirrhosis of the liver, and we expect large medical bills that I did not guarantee. We keep our finances separate and have separate bank accounts. The house is the... View More

Marc J. Soss
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Marc J. Soss
answered on May 28, 2025

If the home is your primary residence (Homestead) then no lien can attach to it except from your mortgage company or if you both personally sign a document allowing for that lien to be placed against the property. Your home is protected under the Florida Constitution. If the lien is placed, you... View More

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3 Answers | Asked in Real Estate Law, Estate Planning and Health Care Law for Florida on
Q: Can a lien be placed on a Florida home owned as "Tenants by Entirety" due to husband's medical bills?

I own a home in Florida with my husband as "Tenants by Entirety." My husband has recently learned he has advanced stages of cirrhosis of the liver, and we expect large medical bills that I did not guarantee. We keep our finances separate and have separate bank accounts. The house is the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 28, 2025

Medical bills cannot be attached to a property held as tenants by entireties if debt is only against one spouse and if it is Homestead there is no way to attach to such a home either as it is protected, if death occurs, the property is also protected in Probate.

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2 Answers | Asked in Estate Planning and Health Care Law for Florida on
Q: Should I obtain a power of attorney in Florida or Ohio for my sister's medical decisions?

My sister, an Ohio resident who has lived with me in Florida for the past three years, is currently in a Florida hospital with a terminal illness. She does not have an existing power of attorney. I need to become her power of attorney, primarily for medical decisions. Should I obtain a power of... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 22, 2025

I am very sorry for your sister's health issues and struggles. I would advise that since she is in Florida and you will need to use it in Florida you should get one in Florida, the State of Florida is extremely particular about the Florida Power of Attorney (POA) as well as the Health Care... View More

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2 Answers | Asked in Child Custody, Child Support, Health Care Law and Family Law for Florida on
Q: Handling child support and custody threats in Florida with my son living with me.

I'm a father of a 15-year-old son, and I've been married to my wife for 13 years. My son has lived with us for the past 4 to 5 years. His mother recently suggested I should be on child support to maintain his Medicaid, but I offered to add him to my insurance instead. She declined,... View More

Vanette Augustin
Vanette Augustin
answered on Apr 8, 2025

First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the... View More

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2 Answers | Asked in Estate Planning and Health Care Law for Florida on
Q: Need steps for effective Florida durable power of attorney

I am creating a durable power of attorney to have my sister make all major financial and medical decisions for me due to having a brain injury that makes it difficult for me to understand complex matters. I have already drafted a durable power of attorney but have not consulted with an attorney due... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 3, 2025

Florida is extremely particular about their Power of Attorney (POA) ever since substantial statutory changes related to POA, they require specific initials in various sections of the document in individual paragraph sections so be aware. You file the POA with whomever and wherever you would like it... View More

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1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Public Benefits for Florida on
Q: How do I tell if my short term disability allows me to work an at home job when I can't physically drive to my job?

I know to look for the "Own Occupation" Claus in my policy, I just don't know if I'm reading this right.

"Definition of Disability

You will be considered disabled if, as a result of physical

disease, injury, pregnancy or mental disorder:... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Jan 17, 2025

Hello. There are several important questions that are needed in order to properly answer this. Question one what is your occupation to? And What paperwork did you submit to your insurance company?

A “greeter” at a Walmart, obviously needs to be in the store in order to greet visitors....
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1 Answer | Asked in Health Care Law for Florida on
Q: Back on August 7th the hospital knowingly gave me a medication that I am allergic to.it is in the hospital report

We have video from. That night and documents that they don't know we have because they kept it out of their reports. I asked to ho home several times and was told no I could not leave. What should I do

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2024

A Florida attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. I hope you're okay. You ask what you should do - you could consult with a local attorney to see if it's possible to arrange a free initial consult to look into your situation... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Is it ethical if a primary care physician refuses to prescribe birth control because of his own religion?

This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2024

No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... View More

Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Health Care Law for Florida on
Q: Is this worth hiring a lawyer?

Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal...
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2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

James L. Arrasmith
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answered on Jun 15, 2024

You can still qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) even if you can't afford medical care. The Social Security Administration (SSA) considers the severity of your impairments based on your existing medical records, including your MRI... View More

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2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

While you do not mention it in your question, you should immediately retain an experienced personal injury attorney. From reading your question, I am reminded of the adage that "a little knowledge is dangerous". You reference medical terms but I suspect you don't really know what... View More

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2 Answers | Asked in Federal Crimes, Health Care Law and Identity Theft for Florida on
Q: Are there lawyers who specialize in medicare identity theft

Mail from Aetna (Medicare plan) is delivered to my house multiple times over the last year or so, addressed to someone else.

I have also received three checks made out to me for claims made thru Aetna which I did not submit claims for. The first time I called Aetna and advised them and... View More

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are lawyers who specialize in identity theft cases, including those involving Medicare fraud. Given the severity of your situation, consulting with an attorney who has experience in this area would be a wise step to protect your rights and guide you through the process of resolving the... View More

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1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Florida on
Q: I'm seeking personal voluntary euthanasia. I'm of sound mind and can argue logically. What are my options?

I'm not terminally ill, but have had a lifelong struggle with mental illness. I believe I have the right to die, and wish to exercise it.

James L. Arrasmith
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answered on Mar 18, 2024

I understand your situation and the complexity of the feelings you might be experiencing. It's important to talk to someone who can provide professional support and guidance, like a therapist or a mental health counselor. They are trained to understand the depth of your struggles and can offer... View More

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