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

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:...
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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

You need to contact a member of the Fla. Justice Assn who handles workers compensation. They give free consultations.
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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

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.
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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

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 &...
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Q: I am a mental health provider who received a subpoena to appear but I am no longer employed at the facility.

1 Answer | Asked in Health Care Law and Employment Law for Alaska on
Answered on Jun 17, 2017

Tell them that, obviously.
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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

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.
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Q: What are the laws for a health care provider securing records related to substance abuse treatment in California?

1 Answer | Asked in Health Care Law for California on
Answered on Jun 10, 2017

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?
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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

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.
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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

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.
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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

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.
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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

Contact a member of the Arizona Trial Lawyers Assn who handles medical cases-they give free consults and take cases on a contingent fee.
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Q: Is there a Law in Rhode Island against Counselors sexually abusing their clients?

1 Answer | Asked in Criminal Law and Health Care Law for Rhode Island on
Answered on Jun 8, 2017

Yes, this is strictly prohibited.
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Q: HIPAA law broken judge forcing me go to only office in town 4 treatment. Can this stand? Why have HIPAA if so?

1 Answer | Asked in Criminal Law and Health Care Law for Utah on
Answered on Jun 5, 2017

I don't quite understand your question. Please give me some details a s what you have posted is not clear.
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Q: I am part of a mesh lawsuit for organ prolapse

3 Answers | Asked in Personal Injury and Health Care Law for Oregon on
Answered on Jun 5, 2017

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.
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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

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...
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Q: Trying to get legal advice. Had wisdom teeth removed and they started to cut open gum before I was fully asleep

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Answered on Jun 1, 2017

It was tacky but I don't see malpractice. Consult a local attorney but unless there was fallout you don't have damages.
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Q: HIPPA VIOLATION

1 Answer | Asked in Health Care Law for Florida on
Answered on Jun 1, 2017

No, unless the friend requests indicate that the family member is in the hospital or disclose other healthcare-related information.
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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

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.
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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

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.
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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

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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