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Florida Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Insurance Defense for Florida on
Q: In florida can health insurance pay for medical care due to an accident if auto insurance refuses to pay?

In the state of Florida I received medical treatment due to an auto accident, had it billed to my auto insurance as a Personal Injury Protection claim, and the auto insurance is refusing to pay due to the deductible not being met, is it legal for me to have it billed to my personal health insurance... View More

Jeffrey Snyder
Jeffrey Snyder
answered on Apr 22, 2020

So your PIP deductible is likely $500.00 or $1,000.00 and the bill you refer to are under that amount. Therefore, until your medical billing related to the auto accident go over your deductible, your auto insurance will not pay anything. However, your health insurance company should pay the bill.... View More

1 Answer | Asked in Employment Law, Civil Rights and Health Care Law for Florida on
Q: Parttime respiratory therapist on Loa for childcare during COVID-19.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare. ... View More

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

In today's panic-stricken world of constant changes affecting many millions of Floridians and at least one hundred million Americans my only advice is NOT to sign anything--unless it is the back of a stimulus check.

No one--lawyer or otherwise--can possibly know what the future will...
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1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for Florida on
Q: Parttime respiratory therapist taking LOA for childcare during COVID-19 pandemic.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare.... View More

Alberto Naranjo
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Alberto Naranjo
answered on Apr 17, 2020

For this new type of FMLA under the Family First Coronavirus Response Act the number of hours does not matter play a factor from my understanding but the reason your requesting the leave is very important and not everyone qualifies. I provided the information that is on the Department of Labor... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Clinic said they accepted my insurance, are billing me almost a year later. Insurance says they’re out of network.

I wouldn’t have gone if they hadn’t told me they accepted my insurance. Now I have a bill for $568. If they didn’t accept my insurance, why do I have records of my ‘co-pays’ of $40 and $20 (standard for my insurance)? Not only that, but I had to seek treatment elsewhere because they... View More

Jeffrey Snyder
Jeffrey Snyder
answered on Apr 2, 2020

First, get the explanation of benefits from your health insurance. Did the provider even send their bills to the health insurance at all? It sounds like they may be trying to "balance bill" you, which is illegal.

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Libel & Slander for Florida on
Q: How long are voicemails retained? How much time passes before they can no longer be subpoenaed?

One is Assurance Wireless under Virgin Mobile under Sprint

The other is Bay Pines VA Center Carrier unknown.

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

Why not ask them?

2 Answers | Asked in Employment Law and Health Care Law for Florida on
Q: there are confirmed cases of COVID-19 at my workplace, and the management team has not notified any staff

My management team has not notified any staff members of the cases of COVID-19, and have hidden the cases to an extent. The employees have found out due to word of mouth from close friends of the effected individuals, and I am working on getting contact with the individuals themselves. Assuming the... View More

Jay P. Lechner
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Jay P. Lechner
answered on Mar 19, 2020

This morning, the President signed into law the Emergency Paid Sick Leave Act, which provides 2-weeks paid leave to certain employees (not in the health care field) for a number of reasons, including if they have been advised by a health care provider to self-quarantine due to concerns related to... View More

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2 Answers | Asked in Personal Injury and Health Care Law for Florida on
Q: my case started june 11, 2018, i was dismissed on june 23, 2018 for something i dont really know. i have the disc/

i had an extreme slip and fall at the bflo airport; had every single page of whats needed by SIMON AND SIMON; because i live in florida; they kept me hanging for 11 months and i thought we were ready to finish; my gosh the poking and prodding and testing, mris, physical therapy which made things... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 27, 2020

You are writing from Fla., and therefore being seen by Fla. attorney looking out for Fla. cases. However, since the accident happened in New York, you need a New York firm to handle it. Is that where Simon & Simon is? If not located there, the firm you signed up with would have had to... View More

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My mother is mentally disabled. She is 55yo and lives in PR in a 24/7 facility. I would like legal guardianship in FL.

What would be my steps?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 15, 2020

Was she mentally disabled when she entered the facility? Under whose authority was she put in the facility? Contact that person. When you get her to Florida, you would file a petition here in Florida. But in general, until she gets to Florida, you would need to ask your question in Justia... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I had a dentist office make my crown wrong, lost the foot print of my mouth and now I bite the inside of my cheek.

Been back numerous times still not right. I believe because of two technicians actions it was done deliberately. Can I sue for discrimination and the fact that I have to live with this malfunctioning mouth?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 8, 2020

You can not, according to what you have indicated, for discrimination. Perhaps you could sue for negligence or, if what you say is correct, intentional tort.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Employment Law for Florida on
Q: Is it illegal for a health insurance company to give answers to state exams

Can a insurance company give new hires a cheat sheet of answers to the 440 insurance exam? Also cheats on cms

My insurance company I recently started working for gave the whole class before and after me as well as my class a cheat sheet with all the answers to the 440 insurance exam. The... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 28, 2019

I am sure there is a way to file some sort of complaint; however, I am not sure what the Department would do with it.

You must also know that--if you do complain--you will likely not be well-liked among your peers, not in the Department.

1 Answer | Asked in Civil Litigation, Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: doctor in Orlando florida I was refered to by my doctor in NYC his office refusse to give me appointment to see him

they claim because I have medicare and medicaid attached to it the cant see me I tried to explain to them they dont need to bill medicaid that medicare covers 100 present of my medical since I'm on a special needs plan they would not hear it then insisted I needed a Florida insurance I... View More

Tim Akpinar
Tim Akpinar
answered on Oct 22, 2019

They won't accept your insurance. They won't accept cash. You might be better off asking your doctor for a different referral. You could delve further into the insurance coverage, reviewing the guidelines and determining your rights. It's a personal decision in how determined you... View More

1 Answer | Asked in Tax Law, Health Care Law and Social Security for Florida on
Q: Can my father pass an inheritance he will receive to his kids without reporting it an losing his medical benefits ?

So my father is on his fathers Will an will receive about $40,000. his father is medically unable to change the will at this time. My father is on Social security disability, has medicare an medicaid which are very important because he needs them to pay for dialysis. I heard that if he gets this... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 5, 2019

You can disclaim an inheritance but it won't necessarily go to his kids. There are also exemptions on medicaid/care for lump sums.

I would suggest hiring an attorney to advise him on this. If you don't do it correctly it'll be bad.

1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

1 Answer | Asked in Employment Law and Health Care Law for Florida on
Q: My job offers health insurance can I ask an undocumented get the benefits.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 24, 2019

Say what? Your very short question cannot be answered without many more facts.

1 Answer | Asked in Family Law and Health Care Law for Florida on
Q: I was my husband's care giver & he left me, went to sister in IND. + gave her POA. Does that constitute abndoment or wh

Have known each other 20 yrs., 5/31 = married 11 years. He had a cancerous deadly brain tumor partsically removed, 11/05/2018. I took him to 30 Radiation treatments. + other doctor appointments. Called 911 when he had a secure and gave him chest compressions until ambulance came. I told him... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2019

You are focusing on the wrong person. Stop worrying about your (soon to be ex) husband and start taking care of yourself. Whether he abandoned you or not is irrelevant. The State of Florida does not require any reason for divorce. Locate a divorce lawyer in the Springhill area and start the... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Florida on
Q: My employer posted my drug test results with name for all employees to see..i was fired through text. What do i do now?

My name is on this form several times. Not only did he share my medical information but used me as a example of what happens if you fail a drug test. Slandered my name. No one ever fired me properly either. I was never contacted by the owner. The general manager just texted me and said "dont... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 10, 2019

Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees... View More

1 Answer | Asked in Personal Injury and Health Care Law for Florida on
Q: Should I sign an Assignment of Benefits and Designation of Representative form from a medical provider?

Forms are from Air Methods for medical transportsion. My insurance company has already processed claim. Air Methods currently has multiple lawsuits pending for excessive billing.

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2019

That decision is yours to make, but in general, a medical provider needs an assignment of benefits form to submit a bill on behalf of a patient so that the check is made out to the provider instead of the patient.

Tim Akpinar

3 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Q: I live in Crestview Florida I am currently in Orlando Florida which is 6 hours away in the hospital I think I have a

Medical negligence lawsuit do I get a attorney in crestview or Orlando

Mitchell Feldman
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Mitchell Feldman
answered on Dec 28, 2018

You can get an attorney anywhere who is licensed in Florida and no need to restrict based upon either of those 2 cities ita of no consequence

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1 Answer | Asked in Health Care Law for Florida on
Q: Can you sue the hospital for doing construction very close to your room?

I was admitted to the hospital for a couple of days for a bad infection. I couldn't sleep for 3 days because they were doing construction very close to my room. The drilling noise was unbearable. I even have videos that demonstrate it. The drilling went from 7 to 5.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2018

Lack of sleep, in itself, is not considered compensable damages. So no, you probably cannot successfully sue the hospital.

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Q: My right fibia upper has been broken, fractured due to medical personnel while a short stay @ our Mental health unit.

This was a pressure point tactic because I was cursing and screaming @ staff. FYI.. Former LPN who worked in mental health. 2 weeks ago and this pain is excruciating. Thanks,

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2018

I do not practice in Florida. However, it seems that no one picked up your question for a month. If you are contemplating bringing a claim, it would be advisable for you to consult with a Florida attorney without delay. Aside from assessing the merits of your claim, the attorney could advise you of... View More

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