Health Care Law Questions & Answers by State
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Health Care Law Questions & Answers
Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted
1 Answer
| Asked
in
Immigration Law, Federal Crimes, Gov & Administrative Law and Health Care Law
for
Pennsylvania
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.
Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.
Q: What should we do? On what grounds can He counter sue?
William John Light's answer
You need a NorCal attorney. He may have a claim for Elder Abuse, violation of the Unruh Act, assault/battery. He might also have nothing. These disputes are always hard to unravel who is at fault. It is worth exploring.
You need a NorCal attorney. He may have a claim for Elder Abuse, violation of the Unruh Act, assault/battery. He might also have nothing. These disputes are always hard to unravel who is at fault. It is worth exploring.
Q: What is the easiest and or most common grounds for having a case dismissed by the people in favor of the defendant?
Dale S. Gribow's answer
more info needed.
every case is different.
most common is illegal search and seizure
more info needed.
every case is different.
most common is illegal search and seizure
Q: Girlfriend at hospital in labor. They wanted to break her water to speed it up and she told them no and they held
Kyle Persaud's answer
Possibly she has a claim for assault and battery against the doctors and the hospital.
Possibly she has a claim for assault and battery against the doctors and the hospital.
Q: I want to know if something is medically eithical or right or malpractice
2 Answers
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
Ohio
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Mr. Eugene Ray Critchett Esq's answer
If you have concerns about the sudden changes, try seeing another pain management specialist for a second opinion. However, it certainly is a new trend to decrease the use of pain medications.
If you have concerns about the sudden changes, try seeing another pain management specialist for a second opinion. However, it certainly is a new trend to decrease the use of pain medications.
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?
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Health Care Law
for
Florida
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
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 “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as...
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 “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as...
Q: Can a mental health agency refuse you treatment just because you don't want to take medication, you just need therapy
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
Oklahoma
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Q: I'm being sued for medical bills. Asked for reduced offer & monthly payments was told no. What can I do?
Adam Alexander's answer
You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.
Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer is often too expensive for consumers so if that is not an option, do the best you can.
If you have already filed bankruptcy or do not wish to do so, and you have no defense to the debt, I...
You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.
Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer is often too expensive for consumers so if that is not an option, do the best you can.
If you have already filed bankruptcy or do not wish to do so, and you have no defense to the debt, I...
Q: can i sue my mom for not paying my medical bills even though I'm 18
1 Answer
| Asked
in
Family Law, Collections, Health Care Law and Small Claims
for
Oklahoma
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Kyle Persaud's answer
If your mother agreed to pay your medical bills, then, legally, you can sue.
However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.
If your mother agreed to pay your medical bills, then, legally, you can sue.
However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.
Q: What happens when a company pays employees with a personal check without a pay stub every pay period?
Bruce Alexander Minnick's answer
There is no law or regulation requiring the use of a business account to pay employees. However, there are laws requiring all employers to inform all their employees--at least annually-- of the exact dollar amount they were paid and the exact dollar amounts of all deductions taken out of each employees' gross pay.
There is no law or regulation requiring the use of a business account to pay employees. However, there are laws requiring all employers to inform all their employees--at least annually-- of the exact dollar amount they were paid and the exact dollar amounts of all deductions taken out of each employees' gross pay.
Q: Hi, can I remove my ungrateful, estranged 18 year old son from my healthcare plan?
Meghan L Howard's answer
It depends. If you have a divorce agreement or court order that states you shall keep him on your health insurance so long as he is eligible, you would not be able to remove him without court approval.
It depends. If you have a divorce agreement or court order that states you shall keep him on your health insurance so long as he is eligible, you would not be able to remove him without court approval.
Q: State of NC here, Quit my job to take care of father in law can I charge & invoice family for my services?
Amanda Bowden Houser's answer
Yes, you can but they have no obligation to pay you unless they agreed to do so.
Yes, you can but they have no obligation to pay you unless they agreed to do so.
Q: GA catastrophic w/c case WC 207 violation or not?
1 Answer
| Asked
in
Workers' Compensation and Health Care Law
for
Georgia
on
Answered on Mar 29, 2019
Answered on Mar 29, 2019
T. Andrew Miller's answer
Unfortunately, the answer is yes based on what you’ve written here. There’s an entire team essentially working against your best interest in the name of saving money. Get an experienced workers comp attorney on your team so you can know your rights and options. Otherwise they will just keep doing as they please and taking advantage.
Unfortunately, the answer is yes based on what you’ve written here. There’s an entire team essentially working against your best interest in the name of saving money. Get an experienced workers comp attorney on your team so you can know your rights and options. Otherwise they will just keep doing as they please and taking advantage.
Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me
2 Answers
| Asked
in
Personal Injury, Elder Law, Health Care Law and Medical Malpractice
for
California
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
William John Light's answer
You are entitled to your medical records. You are not entitled to the internal investigation.
You are entitled to your medical records. You are not entitled to the internal investigation.
Q: My aunt has been charged with battery & exploitation with intent to harm an elderly. She says she's innocent
1 Answer
| Asked
in
Criminal Law, Elder Law and Health Care Law
for
Georgia
on
Answered on Mar 13, 2019
Answered on Mar 13, 2019
Robbie Levin's answer
Contact a criminal defense attorney ASAP. It is probably best to hire one who practices law in or near the county where the charges occurred.
For more info visit my website at www.LevinLawyerGa.com
Contact a criminal defense attorney ASAP. It is probably best to hire one who practices law in or near the county where the charges occurred.
For more info visit my website at www.LevinLawyerGa.com
Q: I was wondering what type of lawyer I would talk to about inappropriate behavior between a teacher and my daughter.
1 Answer
| Asked
in
Civil Rights, Gov & Administrative Law and Health Care Law
for
Ohio
on
Answered on Mar 10, 2019
Answered on Mar 10, 2019
Matthew Williams' answer
You should talk to the teacher and the school. That doesn’t sounds legally actionable, at least not yet.
You should talk to the teacher and the school. That doesn’t sounds legally actionable, at least not yet.
Q: I need to change the executor of my will, legal guardian and health care.
Ray Choudhry's answer
These are legal documents that need to be properly drafted.
You probably need a will and powers of attorney for health care and property.
These are legal documents that need to be properly drafted.
You probably need a will and powers of attorney for health care and property.
Q: How can someone negotiate a excessive transportation charge for a involuntary 10-13 committal to a psychiatric facility?
1 Answer
| Asked
in
Consumer Law, Family Law, Civil Rights and Health Care Law
for
Georgia
on
Answered on Mar 7, 2019
Answered on Mar 7, 2019
Homer P Jordan IV's answer
You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have. Without seeing the paperwork involved or knowing all the details it is difficult to provide a response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have. Without seeing the paperwork involved or knowing all the details it is difficult to provide a response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: Should I sign an Assignment of Benefits and Designation of Representative form from a medical provider?
Timur Akpinar's answer
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
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
Q: My sister has Alzheimer’s and has been in a Memory Care facility for six years I have Conservatorship.
1 Answer
| Asked
in
Family Law, Health Care Law and Elder Law
for
California
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Jeffrey Louis Gaffney's answer
She should be safe there. The rules for evicting someone from nursing care are pretty strict. As long as she (or her family or conservator) are working with the facility to get her on Medi-Cal, there should be no problem. If the facility does not take Medi-Cal though, then there will be problems.
The lesson to take away is that Medi-Cal planning needs to be done years before you need it. If you can put your assets into the right kind of trust, then you will qualify for Medi-Cal and...
She should be safe there. The rules for evicting someone from nursing care are pretty strict. As long as she (or her family or conservator) are working with the facility to get her on Medi-Cal, there should be no problem. If the facility does not take Medi-Cal though, then there will be problems.
The lesson to take away is that Medi-Cal planning needs to be done years before you need it. If you can put your assets into the right kind of trust, then you will qualify for Medi-Cal and...
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