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Florida Health Care Law Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Health Care Law for Florida on
Q: Insurance company charging a 1100% markup for wrist braces, anything I can do?

My insurance company is charging a 1100% markup for wrist braces, discounted to 450% for in-network.

First, my doctors office told me the cost for the braces was $10.40 when I asked how much they were. A week later I received a bill for $224 (discounted from $566)

They admitted... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2021

American healthcare is unlike any other business of supply and demand. In the healthcare world, the healthcare provider and the health plan agree on prices. You as the consumer (patient) do not dictate, negotiate or drive pricing up or down. You agree to pay the health plan premiums without price... View More

1 Answer | Asked in Family Law and Health Care Law for Florida on
Q: I'm in Florida. My son's mother is renewing her Medicaid and she's asking for gross income from me this time?

She has never asked for this in the past years

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 10, 2021

People on Medicaid have to reapply for continuation of there benefits every three or four years. And the government's rules governing who gets Medicaid are changing. The new rules and application procedures and approval criteria will be able to thin the herd by finding other sources of support.

1 Answer | Asked in Divorce, Child Custody and Health Care Law for Florida on
Q: What happens if my ex takes my kid to the doctor without permission?
Tami Lane Augen
Tami Lane Augen
answered on May 8, 2021

It really depends on two things. First, what does your final judgment and/or marital settlement agreement say about this? Second, what is the purpose of the children going to the doctor? There is no one right answer to your question, it really depends on the facts and circumstances. It would... View More

1 Answer | Asked in Health Care Law and Immigration Law for Florida on
Q: I just found out I am pregnant. I do not have my SSN yet. Can I apply for any health insurance with my ITIN number?

Based in FL

Agnes Jury
Agnes Jury
answered on Apr 7, 2021

It is up to the health insurance provider whether they will accept an ITIN number instead of SSN. Some do, others don't. If you are an immigrant, be careful about getting benefits that may cause you to be considered a "public charge".... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Florida on
Q: Can I sue an EMT for terrible treatment, slander that could have put my life and health in jeopardy

Blatant disregard For my safety, accusing me of lying about an emergency, take me to the hospital that I verbally told not to take me there, and he also told the hospital staff that I was faking, yelled at me when he got to my house, enforce me to walk 30 or more feet to him while in agonizing... View More

Erik A. Perez
Erik A. Perez
answered on Jan 21, 2021

This is a very interesting question. It is important to note that anyone can file a lawsuit in Florida for almost any reason. However, the critical question you may want answered is will you prevail on a negligence claim against the EMT. It appears that the answer will depend in part on whether you... View More

1 Answer | Asked in Health Care Law for Florida on
Q: I was kicked out of my doctors office today because I took my pain pills as needed and have some left over and shouldn’t

I have been on pain pills since 1990. I have arachnoiditis and take pills as needed. The last 2 visits he asked me how many I take a day. It depends if I need it or not. I lay in bed all day. I said sometimes I only take 2 a day because that is all I need and he kicked me out of his office and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2021

No physician is required to continue treating a patient, especially if the physician feels that to continue treating the patient and prescribing medication would violate his professional standards. You can always try to find another physician who agrees with you regarding the proper course of... View More

1 Answer | Asked in Immigration Law, Health Care Law and Medical Malpractice for Florida on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Nov 24, 2020

You can apply for asylum. the question is whether you have a testiminy and documentation to demonsrate that you qualify for asylum.

Where HIV was at one time a ground of inadmissibility it is no longer. However, you may be required to show that you have insurance to cover your medical...
View More

1 Answer | Asked in Health Care Law, Personal Injury and Products Liability for Florida on
Q: I have lupus disease wth havin lupus you cannot be exposed to uv lights it makes a flare cme on and put my health risk
Tim Akpinar
Tim Akpinar
answered on Nov 15, 2020

A Florida attorney could advise best, but your question remains open for two weeks. It could be helpful to have additional information here. If being subjected to UV light is something arising in the course of your employment, this could be more an employment law matter than a personal injury... View More

1 Answer | Asked in Elder Law and Health Care Law for Florida on
Q: My mom moved in with me so I could take care of her as she does not want to go into a home. She paid off my mortgage.

and I added her to the deed so she was comfortable. Later I took out a small 2nd mortgage for a car, she signed it but was not happy about it. she wanted a walk-in tub and wanted to remodel my bathroom. She has been living with me for four years. She has not remodeled the bath or paid any groceries... View More

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Nov 12, 2020

Unfortunately, its her house (partially, as she's on the deed) and you cannot force her to spend her money as unfair as it may seem.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Almost lost a foot because ER sewed up a wound they shouldn't have.

My boyfriend had an accident where an axe ended up in his foot. He went to the ER and they sewed him up and sent him home. He saw a podiatrist days later, who told him they should never have sewn him up. He ended up having to stay in the hospital for over a week while they fought the infection that... View More

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2020

A Florida attorney could advise best, but your post remains open for two weeks. It would be difficult for an attorney to answer your question as to whether your boyfriend has a case based on these brief facts. To answer your question, most attorneys would want to see medical records and consult... View More

1 Answer | Asked in Family Law, Health Care Law and Social Security for Florida on
Q: How do I obtain a counsel to become a legal guardian for my schizoid son!

My son has decided to not take his Meds. We are up against a system (HEPA law) that protects him but not his care taker (me) I need some control over his decision-making or lack there of! This is a long story and it is a 10 yr fight to help keep my son off the street! I need help to get me in front... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 15, 2020

You sound like you need a guardianship for your son. In court, the judge will review a letter from a doctor explaining the situation. You will have an attorney, and your son will have an attorney. Often the attorney for the son will tell the judge after meeting with the son that they feel the... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida on
Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 31, 2020

No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

1 Answer | Asked in Health Care Law for Florida on
Q: hi. i am looking for an attorney to help me get my nursing license reinstated. i was licensed in florida

my license was suspended in 2004. i am ready to fight to get reinstated but i dont have 10000$ to pay an attorney to get it back. please help

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2020

Only a Florida attorney could advise you on this, but your question remains open for two weeks. I'm sorry that happened to you, given the investment and sacrifice involved in obtaining such a difficult license. As a GENERAL matter, you could contact other attorneys to discuss pricing. Licenses... View More

1 Answer | Asked in Health Care Law for Florida on
Q: My Primary Care Physician has falsely entered in my medical records that I have an "Alcohol Dependence" problem

I recently discovered that my Primary Care Physician has entered in my medical records that I have an "Alcohol Dependence" problem. This is inaccurate, as by a standard AUDIT test I score 4 and am not in such a category, which requires a score of 8 or more. Their entry is unfounded and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2020

A Florida attorney could advise best, but your question remains open for two weeks. I don't blame you for your take on the determination - it is harmful to you, based on the incorrect information you describe, and you have the right to want it corrected. Politely ask your doctor to review your... View More

1 Answer | Asked in Employment Discrimination and Health Care Law for Florida on
Q: I'm working at home. My employer is requesting me to send daily reports of temps. Can they do that even with me at home?

A large part of my job moved everyone to work from home back in March. We are all working remotely and no one plans on returning. ( Our employer agreed and likes us working from home.) They have requested that everyone has to send them daily temps for those working at home and in the office. For... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2020

It doesn't seem to make much sense, but you had better do it. You give up any right to privacy when you agree to work from home. If you don't like it you can always quit.

2 Answers | Asked in Criminal Law, Health Care Law and Sexual Harassment for Florida on
Q: wife is 34 wks pregnant, due To sexual harassments from her doctor, we need a transfer of care but the dr refuse to give

We have been trying to get a transfer of care referral from her current doctor, he is refusing to give that To her. Because he thinks she is leaving him to a doctor that he referred her to go, to get our babys ultrasound. But in reality is because sexual harassment she suffered from him. What can i... View More

Henry George Ferro
Henry George Ferro
answered on Jun 17, 2020

Get all of your evidence together and find a lawyer who will write a letter to your insurance company and/or file a declaratory action in Court or simply find another doctor...

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1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Last month I had an MRI done on my spine and the hospital I went to basically didn't want to do anything knowing I had i

Back in 2019 December 13th I had surgery done on my stomach ever since then I haven't been feeling right I've been in a lot of pain in my stomach and back haven't been able to eat right all this other stuff come to find out a couple weeks ago I went to the hospital had an MRI done... View More

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2020

A Florida attorney could advise best, but your post remains open for two weeks. You've provided considerable information, but there didn't appear to be a question. If you are wondering whether you have legal rights stemming from medical care you received, one option is to contact a med... View More

1 Answer | Asked in Legal Malpractice, Health Care Law and Medical Malpractice for Florida on
Q: Florida pain doc. His ARNP is forcing me that I either get a pain pump or a spine stimulator implant. Is this legal?

The docs ARNP is forcing me to get the pain pump or the spinal stimulator implanted or cut me as a patient. I don't want anything inserted surgically when the pill that they give me is working. Can they legally force me to have one or the other surgically done? I feel like this is a crime?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2020

Just say no. If they refuse to treat you anymore, so be it; get another health care provider.

1 Answer | Asked in Health Care Law and Family Law for Florida on
Q: Franchisor bought franchisee back from my boss and because he was not making payments. What happens to health insurance?

The franchisor is looking to sell the franchisee I work at again to a new buyer. I am pregnant, due 11/1/20. They kept our insurance the previous owner had in place for now but if they sell before I have the baby and the new owner doesn't want to keep health insurance (under 50ppl at my... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 20, 2020

I can understand you personal concerns; however, there are far too many possibilities and "what ifs" for any lawyer to be able to advise you what to do. There is NOTHING you can do right now; so why not wait and see what happens NEXT?

1 Answer | Asked in Public Benefits, Social Security and Health Care Law for Florida on
Q: How do I go about appealing a denied disability case? I have Type 1 Diabetes and Severe Gastroparesis which impairs me.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 27, 2020

Once you have a notice from the Social Security Administration (SSA) denying your claim for disability benefits, you have 60 days to appeal by stating in writing that you disagree with the determination that SSA made. You can find the forms used for appeal at... View More

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