Health Care Law Questions & Answers by State

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Health Care Law Questions & Answers

Q: what practice area covers mentally ill persons and their inability to maintain their own care?

1 Answer | Asked in Health Care Law for Oregon on Jul 21, 2015

Answered on Jul 24, 2015

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Jeremy R. James' answer
I am sorry to hear about your sister's situation. It sounds like you or someone else in the family should consult with an attorney who handles guardianships. That attorney may recommend petitioning a court to appoint you or another qualified individual as your sister's guardian. Typically, a guardian assumes control of a protected person's affairs and must report to the court and any other interested persons from time to time. Good luck with a very difficult situation.

Disclaimer:...

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Q: Medical professional conflict of interest?

1 Answer | Asked in Health Care Law for Florida on Jul 8, 2015

Answered on Jul 15, 2015

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Robert Jason De Groot's answer
I do not have enough facts to come to a conclusion other than it does not appear wrong to me.

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Q: I have a bill w/ hospital ,less than 100.i have been paying 3 mo. they turn it over to collection.why?i pay regular

1 Answer | Asked in Health Care Law for Georgia on Jul 8, 2015

Answered on Jul 9, 2015

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Julie A. Rice's answer
Sometimes the collection agency will work out a payment plan when the hospital won't. So, contact the collection agency and ask them the lowest amount that they will accept each month for payment. If they ask you how much you can pay say $10.00.

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Q: My mother passed away July 2014 - just gotten a bill from the hospital (HMO). Am I still responsible 9 months later?

1 Answer | Asked in Health Care Law for Florida on May 22, 2015

Answered on May 23, 2015

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Robert Jason De Groot's answer
You need to go speak with an attorney about this. A probate attorney should be consulted.

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Q: Practice medicine without license in usa is a crime?

1 Answer | Asked in Health Care Law for Georgia on Apr 29, 2015

Answered on May 2, 2015

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Julie A. Rice's answer
Yes, this is a serious offense for both parties.

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Q: Can I be charged with neglect if I quit my home health care job as a CNA after my shift ends.

1 Answer | Asked in Health Care Law for Florida on Feb 26, 2014

Answered on Apr 18, 2015

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Robert Jason De Groot's answer
More of the actual facts are needed. Probably not, but it depends on the facts..

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Q: I was in the hospital, and the hospital put an hiv patient in the room with me without my knowledge. Do I have a case

1 Answer | Asked in Health Care Law for Florida on Apr 1, 2015

Answered on Apr 3, 2015

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Robert Jason De Groot's answer
No, you do not have a case, but all I know is what you have written, nothing more.

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Q: CAN A WORKMENS COMP REPRESENTATIVE ENTER AN EXAM ROOM WITH A CLIENT

1 Answer | Asked in Health Care Law for Florida on Apr 28, 2014

Answered on Mar 30, 2015

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Robert Jason De Groot's answer
That should not be allowed at all in my opinion.

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Q: Any M/M, Wrongful Death recourse in Florida for killing of single Uncle in hospital. I have power of attorney/executor.

1 Answer | Asked in Health Care Law for Florida on Jul 10, 2014

Answered on Mar 3, 2015

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Robert Jason De Groot's answer
You need to specifically go and talk with a medical malpractice attorney.

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Q: Is it legal for nurse/receptionist to give info to any caller about any form of patient?

1 Answer | Asked in Health Care Law for Florida on Jul 14, 2014

Answered on Mar 2, 2015

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Robert Jason De Groot's answer
This question has gone unanswered. I hope you have resolved the problem by now.

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Q: If I have medicare and tell the reseptionsit the Doctor and on my info sheet state I also have Medicad can they bill me

1 Answer | Asked in Health Care Law for Georgia on Feb 20, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
It may be your responsibility under the terms of this particular doctor to file your own claims with medicaid/medicare. Also, not all doctors accept medicaid and medicare so you have to check with the doctor prior to your visit or you will be responsible for the charges if they don't accept medicaid or medicare. The same is true with the "Affordable Heath Care Act" as many doctors do not accept plans under this act which could leave the patient responsible for the charges. This is all...

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Q: If Obligor is responsible to obtain health insurance for my child and child is already covered under my plan,

1 Answer | Asked in Health Care Law for Florida on Feb 3, 2015

Answered on Feb 4, 2015

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Robert Jason De Groot's answer
I need a lot more facts in order to answer this question. It is best to go see a family attorney about this so that there can be a full discussion of the issues, and possible solutions.

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Q: How do I obtain medical records of my mom who is in the care of a nursing facility.

1 Answer | Asked in Health Care Law for Georgia on Dec 31, 2014

Answered on Jan 26, 2015

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Robert D. Kreisman's answer
In most states, without a healthcare power of attorney, a family member could hire a lawyer and seek to be appointed guardian of your mom, who would be adjudicated a "disabled person" by the probate court. Then once the guardianship is established and with the appointment as guardian, you would have every right to act on behalf of your mom for all matters.

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Q: is Northeast state hospital govern by florida state laws

1 Answer | Asked in Health Care Law for Florida on Dec 7, 2014

Answered on Dec 27, 2014

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Robert Jason De Groot's answer
If it is a state hospital, why would it not be governed by state laws?

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Q: If Medicare suspends a physician's payments- Does that physician have a duty to contine to see patients?

1 Answer | Asked in Health Care Law for Delaware on Jun 23, 2012

Answered on Jun 26, 2014

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Charles Snyderman's answer
Generally speaking, a doctor does not have a duty to see a patient. I wish you had given us some background facts. It's possible the answer would be different based on the facts.

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Q: I am my mothers power of attorney,my sister is on disability. How do I become her power of attorney?

1 Answer | Asked in Health Care Law for North Carolina on Feb 28, 2013

Answered on Sep 6, 2013

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Rachel Lea Hunter's answer
Who is her? Your post indicates you are already power of attorney for your mother. Just because your sister is on disability does not mean that she is mentally incompetent to handle her affairs or those of her person. It is up to your sister if she is mentally competent as she can make you her power of attorney if she desires. If she is not mentally competent, then a power of attorney would not work anyway and you would need to file for guardianship.

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Q: If an individual appoints multiple medical powers of attorney, must they all agree on decisions? Who presides?

1 Answer | Asked in Health Care Law for Arizona on Jun 27, 2013

Answered on Jul 15, 2013

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Brian Strickman's answer
This is going to depend on how the multiple individuals are appointed. If they are appointed in a single power of attorney, and there is no direction as to whose decision will overrule the others then it will likely go to court. If there are conflicting documents appointing the power of attorney it is most likely the most recent in time will govern, unless there is language to the contrary. See A.R.S. 36-2309 and A.R.S. 36-3221 through 36-3223. Unless there is agreement most likely a court...

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Q: Can a guardian of an adult give permission for forced psychiatric medication

1 Answer | Asked in Health Care Law for Arizona on Feb 14, 2013

Answered on Jun 25, 2013

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Brian Strickman's answer
In general yes, because under ARS 14-5312 a guardian of an incapacitated person has the same general authority that a parent would have over their unemancipated minor child. The guardian is required to act in their ward's best interest.

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Q: Assist medically dead sister-in-law with after death legal issues (no POA). We live in PA. & she is in GA. hospital.

1 Answer | Asked in Health Care Law for Georgia on Mar 21, 2013

Answered on May 31, 2013

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Rachel Lea Hunter's answer
Not sure what medically dead is. Either she is dead or she is alive but comatose or in a vegetative state. If she is alive, a decision would have to be made to the pull the plug I suppose. If she is dead dead then other than arranging to remove her possessions from her apartment and having her cremated, what is there?

Power of attorney requires people who are living to be mentally competent. Sister in law sounds like neither of these conditions would be met. If she is really dead,...

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