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Florida Health Care Law Questions & Answers
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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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

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 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 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
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

1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
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answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent.... View More

1 Answer | Asked in Health Care Law and Public Benefits for Florida on
Q: My spouse is disabled and is receiving Medicaid in Florida. Does my income is going to affect her future eligibility?

My spouse is 65 and she is legally disabled. I am 63 and still have a part time job. She is the only one who has Medicaid and receiving SSI benefits (and also Medicare). My income has any effect on her eligibility? Is there an income limit for me?

James L. Arrasmith
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answered on Feb 23, 2024

In Florida, Medicaid eligibility for individuals who are disabled or elderly is determined based on their own income and resources, rather than the income of their spouse. This means that your income should not affect your spouse's eligibility for Medicaid benefits. However, it's... View More

1 Answer | Asked in Health Care Law for Florida on
Q: What are my legal responsibilities in refunding BCBS for a covered benefit that is now considered an overpayment?

My mother passed away last September. All of her assets are in a trust to be distributed to beneficiaries. On January 4, 2024, I received a letter addressed to my mother from BCBS asking for an overpayment refund of a covered benefit.payed to my mother in November 2022 in the amount of $12,971.15.... View More

James L. Arrasmith
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answered on Feb 4, 2024

In this situation, your legal responsibility depends on the terms and conditions of your mother's health insurance policy with BCBS and the laws governing overpayments. First, review the insurance policy to understand any clauses related to overpayments and refunds. It's essential to... View More

3 Answers | Asked in Consumer Law, Contracts and Health Care Law for Florida on
Q: I was a patient at South bay medical and found out they closed but the treatment never worked 17 times $4500.00 what can

I do about this I'm paying for something that did not help and there was several others the same thing

James L. Arrasmith
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answered on Dec 14, 2023

If you received treatment at South Bay Medical that was ineffective, and you've incurred significant expenses, there are a few steps you can take. First, gather all relevant documentation related to your treatment, including any contracts, receipts, and records of your visits and the... View More

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1 Answer | Asked in Personal Injury, Real Estate Law, Health Care Law and Landlord - Tenant for Florida on
Q: Can I sue my HOA for radon exposure and for denying my architectural request for a mitigation system?

Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 13, 2023

Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More

1 Answer | Asked in Health Care Law for Florida on
Q: Could I sue for test results given that were wrong
Tim Akpinar
Tim Akpinar
answered on Dec 18, 2024

A Florida attorney could advise best, but your question remains open for a week. Technically you could, based on a theory of a breach of a duty of care to provide adequate care. From a PRACTICAL standpoint, if your damages were not significant, and the error was caught before you or your doctor... View More

1 Answer | Asked in Health Care Law for Florida on
Q: can i seeek legal help after recovery house scams and abandoned me a day after surgery

i purchased a post op package with a company that abandoned me the day after surgery to never return and deny any culpability ,

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2024

Yes, it's possible you can. But additional details would be helpful. Post-surgery follow-up is included under a medical duty of care. You could reach out to attorneys to try to arrange a free initial consult to discuss in greater detail. Good luck

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