Health Care Law Questions & Answers by State
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Health Care Law Questions & Answers
Q: State of CA - Family member has medical records of a deceased, can he share those with a patient advocacy org.?
2 Answers
| Asked
in
Family Law, Medical Malpractice, Wrongful Death and Health Care Law
for
California
on
Answered on Jun 23, 2017
Answered on Jun 23, 2017
William John Light's answer
The HIPAA Privacy Rule applies to the individually identifiable health information of a decedent for 50 years following the date of death of the individual. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html. The person releasing the records would, therefore, have to have the right to waive the HIPAA rights. That right would belong to the heirs by right of intestate succession. Those rules are described here:...
The HIPAA Privacy Rule applies to the individually identifiable health information of a decedent for 50 years following the date of death of the individual. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html. The person releasing the records would, therefore, have to have the right to waive the HIPAA rights. That right would belong to the heirs by right of intestate succession. Those rules are described here:...
Q: My case manager for sedgwick asked me if i wanted to continue medical care or did i want to reach a set
2 Answers
| Asked
in
Health Care Law, Personal Injury and Workers' Compensation
for
Florida
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Peter Munsing's answer
You need to contact a member of the Fla. Justice Assn who handles workers compensation. They give free consultations.
You need to contact a member of the Fla. Justice Assn who handles workers compensation. They give free consultations.
Q: I live in ohio,went to a neurologist for pain for 7 yrs. He dischgd me and I can't get care w/other physicians. My drug
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
Ohio
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Peter Munsing's answer
Don't know if your state has a medical ombudsman. You can file a complaint with the state medical board to get your licenses. Assuming you have a personal physician, ask her or him if they can get some feedback. But a doctor can't be compelled to treat someone.
Don't know if your state has a medical ombudsman. You can file a complaint with the state medical board to get your licenses. Assuming you have a personal physician, ask her or him if they can get some feedback. But a doctor can't be compelled to treat someone.
Q: Is there such a thing as profiling by pharmacist?
2 Answers
| Asked
in
Health Care Law and Medical Malpractice
for
New York
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Ali Ebrahimzadeh, Esq.'s answer
It depends on why they're refusing to fill the prescription. Is there a prescription for a refill from your doctor? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
It depends on why they're refusing to fill the prescription. Is there a prescription for a refill from your doctor? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
Q: How to dispute a bill when a clinic changes doctor and doesn't inform that new dr doesn't accept insurance
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith and Insurance Defense
for
California
on
Answered on Jun 15, 2017
Answered on Jun 15, 2017
William John Light's answer
You can always negotiate. However, you do owe for the service, regardless of insurance.. The insurance info is usually posted in the doctor's office. Wouldn't hurt to check.
You can always negotiate. However, you do owe for the service, regardless of insurance.. The insurance info is usually posted in the doctor's office. Wouldn't hurt to check.
Q: What are the laws for a health care provider securing records related to substance abuse treatment in California?
Louis George Fazzi's answer
Such records are highly confidential. But more information is needed in order to further answer this question. For example, who is the medical provider and why would they want access to those records?
Such records are highly confidential. But more information is needed in order to further answer this question. For example, who is the medical provider and why would they want access to those records?
Q: I was 5150 Ds, Do & GD w/o any prob,history, and was 5152 w/o the pre admin assessement req by W&i. Can I sue w proof
1 Answer
| Asked
in
Personal Injury, Medical Malpractice, Civil Rights and Health Care Law
for
California
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Peter Munsing's answer
Suggest you contact the California Civil Liberties Union and get the names of their "cooperating attorneys" who work on involuntary commitment issues. They give free consults. Generally, answer would be no from your description.
Suggest you contact the California Civil Liberties Union and get the names of their "cooperating attorneys" who work on involuntary commitment issues. They give free consults. Generally, answer would be no from your description.
Q: In case of fraudulent medical coding would this law apply. If the licensed coder was employed by a hospital?
1 Answer
| Asked
in
Medical Malpractice and Health Care Law
for
Tennessee
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Peter Munsing's answer
Depends on the nature of the error or alleged fraud. You didn't say what the law was, but why not contact a member of the Tennessee Assn for Justice? They give free consults.
Depends on the nature of the error or alleged fraud. You didn't say what the law was, but why not contact a member of the Tennessee Assn for Justice? They give free consults.
Q: Can a foster child leave foster care when they turn 18 by their choice?
1 Answer
| Asked
in
Adoption, Family Law, Health Care Law and Juvenile Law
for
Pennsylvania
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Peter Munsing's answer
Yes, but more importantly if she feels she is threatened with abuse now she needs to reach out to a counselor or other person in a similar position. She wouldn't lose all state assistance but really needs to talk to a social worker or similar.
Yes, but more importantly if she feels she is threatened with abuse now she needs to reach out to a counselor or other person in a similar position. She wouldn't lose all state assistance but really needs to talk to a social worker or similar.
Q: I'm trying to get a autopsy done for my aunt but hospital denied it .
1 Answer
| Asked
in
Family Law, Health Care Law and Wrongful Death
for
Arizona
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Peter Munsing's answer
Contact a member of the Arizona Trial Lawyers Assn who handles medical cases-they give free consults and take cases on a contingent fee.
Contact a member of the Arizona Trial Lawyers Assn who handles medical cases-they give free consults and take cases on a contingent fee.
Q: HIPAA law broken judge forcing me go to only office in town 4 treatment. Can this stand? Why have HIPAA if so?
Mr Aric M Cramer Sr.'s answer
I don't quite understand your question. Please give me some details a s what you have posted is not clear.
I don't quite understand your question. Please give me some details a s what you have posted is not clear.
Q: I am part of a mesh lawsuit for organ prolapse
Mr. Michael O. Stevens' answer
If you do not have your own attorney for this, you should get one. If you do have one, this is a question for them.
If you do not have your own attorney for this, you should get one. If you do have one, this is a question for them.
Q: Hello! I am an epileptic and have C O P D, living in CA ! Can I move a caregiver in to drive me to medical eat?
1 Answer
| Asked
in
Real Estate Law, Civil Rights and Health Care Law
for
California
on
Answered on Jun 2, 2017
Answered on Jun 2, 2017
Louis George Fazzi's answer
That may not be required by law, but apparently the mobile home park rules which you signed may allow them to require that if you bring in a subtenant on your property. You will have to read your park agreement carefully. You may also argue that by enforcing that provision the park is interfering with your civil rights to have a caregiver of your choice assist you because of your disability. You may need to retain the services of an attorney to represent your interests and to make sure that...
That may not be required by law, but apparently the mobile home park rules which you signed may allow them to require that if you bring in a subtenant on your property. You will have to read your park agreement carefully. You may also argue that by enforcing that provision the park is interfering with your civil rights to have a caregiver of your choice assist you because of your disability. You may need to retain the services of an attorney to represent your interests and to make sure that...
Q: Trying to get legal advice. Had wisdom teeth removed and they started to cut open gum before I was fully asleep
Peter Munsing's answer
It was tacky but I don't see malpractice. Consult a local attorney but unless there was fallout you don't have damages.
It was tacky but I don't see malpractice. Consult a local attorney but unless there was fallout you don't have damages.
Q: HIPPA VIOLATION
Terrence H Thorgaard's answer
No, unless the friend requests indicate that the family member is in the hospital or disclose other healthcare-related information.
No, unless the friend requests indicate that the family member is in the hospital or disclose other healthcare-related information.
Q: What do I need to do to become my brother's guardian/make decisions that affect his life and well being?
1 Answer
| Asked
in
Family Law, Estate Planning and Health Care Law
for
Ohio
on
Answered on May 30, 2017
Answered on May 30, 2017
Joseph Jaap's answer
A person can apply to the OH Probate Court in the county in which he lives to be his guardian. There are two kinds - guardian of his person to make medical decisions, and guardian of his estate to make financial decisions. A person can be both, but the guardian must live in OH. A POA agent does not have to live in OH. Use the Find a Lawyer tab to consult an OH attorney in the country where he lives.
A person can apply to the OH Probate Court in the county in which he lives to be his guardian. There are two kinds - guardian of his person to make medical decisions, and guardian of his estate to make financial decisions. A person can be both, but the guardian must live in OH. A POA agent does not have to live in OH. Use the Find a Lawyer tab to consult an OH attorney in the country where he lives.
Q: Are stores legally allowed to sell CBD oil to customers without a medical marijuana license?
1 Answer
| Asked
in
Business Formation, Products Liability, Federal Crimes and Health Care Law
for
Kansas
on
Answered on May 29, 2017
Answered on May 29, 2017
Peter Munsing's answer
If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.
If they are online that is different, but you could have issues by getting it in the mail from them. If they are in state, you need to contact whoever licenses such businesses.
Q: Can I sue a company if their product gave me chemical burns?
1 Answer
| Asked
in
Personal Injury, Products Liability and Health Care Law
for
Maine
on
Answered on May 29, 2017
Answered on May 29, 2017
Peter Munsing's answer
Contact a member of the Maine Trial Lawyers Assn. They give free contacts.Assuming you were using the product in the way it was supposed to be used, following instructions (including safety gear), you may have a case.
Contact a member of the Maine Trial Lawyers Assn. They give free contacts.Assuming you were using the product in the way it was supposed to be used, following instructions (including safety gear), you may have a case.
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