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Arizona Health Care Law Questions & Answers
1 Answer | Asked in Workers' Compensation, Health Care Law and Public Benefits for Arizona on
Q: I've been working a new job for 3 months. I'm now injured. I need advice as far as FLMA Short term Diss...and Work Comp

I've seen my PCP she had me give my work an 8 day absent note I'm currently getting xrays so I have all paperwork and my PCP is doing FLMA paperwork with me Thursday. I haven't talked to my work since giving them the 8 days off doctors note Wednesday. I don't know what I should and should not say.

Joel Friedman
Joel Friedman
answered on Apr 25, 2023

Good afternoon. You are required in Arizona to provide prompt notice about an accident at work and, because you have been told by your doctor that you have an injury, you should notify a person of authority at the company what injury you think you have. That should be in the note from your doctor... Read more »

1 Answer | Asked in Health Care Law for Arizona on
Q: medicare coverage issues , who would handle the appeals process or be able to council

I am being denied coverage for Emergency Hospital stay because the Hospital is out of Network with my Advantage Medical Plan.

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Depending on the amount in dispute and complexity of an appeal, people may choose to work with attorneys who handle health care claims. Read the fine print on the conditions for the appeal. It looks like three... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Arizona on
Q: I recently went the ER, after 6 hours. I was given my discharge paper an told to leave

The doctor came in asked me what was going on where pain was said he was gonna check the results from ultrasound and be back and never came back, never saw my nurse either some random lady came in took out my ivs throw down the discharge paper work tells me to sign an leave, no one told me anything... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

An Arizona attorney could advise best, but your post remains open for three weeks. There wasn't a question included, but if you are wondering if the incident rose to the level of providing you with grounds for a med mal case, it doesn't sound like it. There is generally a need for showing... Read more »

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on
Q: Counseling notes

I am in a custody battle with my ex-boyfriend over my 15 1/2-year-old son. We have a final court date next week. I need to know HOW he got copies of MENTAL THERAPY NOTES from 5-6 years ago. How did he do that without my knowledge?? These are not medical records. These are MENTAL THERAPY NOTES that... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2022

Regarding how he got the records: The best way to find out is to contact the provider directly and ask why the records were released. You should ask for a copy of whatever subpoena, HIPAA Release, or other request your ex sent to the provider.

For medical (including counseling) or...
Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Arizona on
Q: Boyfriend signed me as Emergency contact in ER registration, but son was defaulted as medical poa. Pneumonia, Now what?

In Arizona, we live together for 8 years. Trust has no Medical POA. Only a will. We moved 3 mos. ago to mfg home in my name. Boyfriends IRA (I am beneficiary) and healthy checking. Balance. Revocable Trust dated 2017, attorney disbarred in 2018. No e-file.

Mike Branum
Mike Branum
answered on Jul 21, 2022

"Now what?" is a really vague question, but I am answering with the presumption that your question is "how do I make my boyfriend my medical POA?" You need to execute a medical POA and provide the hospital a copy.

You can find the form for the State of Arizona here:...
Read more »

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Arizona on
Q: What are our options if our health insurance denied a $28,000 air ambulance claim stating it was medically unnecessary?

In August 2021, my spouse was evaluated in our rural/local emergency room. It was determined he had Covid pneumonia and needed to be admitted but the hospital was full. A bed was found in a location 3 hours away. We have emergency helicopter insurance, so they were arranged for the transport.... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2022

An Arizona attorney could advise best, but your post remains open for three weeks. Given the $28,000 at stake, this is probably something on which you may want to consider seeking the guidance of an Arizona attorney. Health care claims can involve state-specific health, insurance, and consumer... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Health Care Law for Arizona on
Q: Do I have to provide a healthcare provider's recommendation for reasonable accommodation if asked for by my employer?

Currently requesting an ADA accommodation due to my high anxiety working in office at my workplace. I am diagnosed with Bipolar 1 and have had a history of anxiety. I let my company know about my disability; however, to approve the request, I am required to provide proof of disability and... Read more »

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Anxiety can be, but is not necessarily, a disability under the ADA. It must interfere with major life activities like eating, walking, dressing, etc to be considered a disability.

The employer has the right to request documentation.

1 Answer | Asked in Criminal Law and Health Care Law for Arizona on
Q: I have been adsaulted three times by a person. I have advanced glaucoma. The person was at my bedroom window last night.

So far the precinct judge has done very little. My assaulter ignored the peace bond that i filed for.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Mar 24, 2022

If there are criminal charges against the assailant, you should talk to the victim advocate. A lot of times you can get release conditions (if not already in place) that will prohibit contact or harassment. If there is no criminal case you may be able to get some form of protective order such as... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Health Care Law for Arizona on
Q: If a home healthcare agency sends an aide to a client's house that brought bed bugs into the clients home,can he sue?
Tim Akpinar
Tim Akpinar
answered on Jun 28, 2021

An Arizona attorney could advise best, but your question remains open for a week. It sounds like it might be a difficult case. With such cases in general, connecting the infestation to the alleged source (to the exclusion of other possibilities) could sometimes present challenges. Additionally, if... Read more »

1 Answer | Asked in Health Care Law for Arizona on
Q: Are hospitals legally allowed to deny visitors with a birth of a child?

I thought there was a 2010 federal law passed saying patients have a civil right to choose who can visit. My wife was told that the birth of our first child in August will now be where instead of her mom and sisters plus myself be allowed, they will only allow 1 person and then mentioned I might... Read more »

Jay Hall
Jay Hall
answered on Jul 20, 2020

Yes the hospitals are allowed to impose reasonable restrictions during this public health emergency. I haven't heard of any hospital denying all visitors, but I do believe most are restricting it to one visitor and requiring the visitor to pass some medical protocol to enter the hospital. If... Read more »

1 Answer | Asked in Health Care Law and Contracts for Arizona on
Q: Can a power of Atty be changed while in the hospital
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 16, 2020

As long as the grantor of the power of attorney (POA) has legal capacity and all statutory requirements in Arizona for execution of a POA are followed, it can be done.

When a person is in a hospital it is very important to have written evidence that at the time of execution of the POA the...
Read more »

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for Arizona on
Q: Can I represent myself in a Civil case for emotional distress? No luck with any lawyers.

Hello,

On May 2019 I became my father's Medical Power of Attorney. I provided a copy to the hospital were he was in. On June 8, 2019 my father was transferred to Intensive care unit. My father had decided to be a full code because he has other children that live 3-5 hours away and he... Read more »

Tim Akpinar
Tim Akpinar
answered on May 16, 2020

I'm very sorry for your loss. A person could generally represent themselves in any given tort matter. Whether such a case would be viable could be another matter. I'm sorry for the anxiety that this matter has caused you, but these situations with DNRs and other directives do arise in... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Rights and Health Care Law for Arizona on
Q: My dad was forced to go to a meeting, can he sue his company?

My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... Read more »

Joel Friedman
Joel Friedman
answered on May 14, 2020

Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for... Read more »

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Arizona on
Q: Can my parents deny me medical treatment for mental illnesses?

I'm a 15 year old transgender and I want to take HRT, but my parents won't let me. Can my parents legally deny me access to Hormone Replacement Therapy? It is an urgent, serious, and time sensitive procedure, so is there any legal way I can get HRT without my parents consent?

Mike Branum
Mike Branum
answered on Mar 9, 2020

Everything is urgent, serious, and time-sensitive when you are 15 years-old. Likely doubly so for a transgender teen. Your post is also somewhat confusing because the headline discusses mental illness and the body of the question discusses being transgender. My understanding is that individuals who... Read more »

1 Answer | Asked in Employment Law, Health Care Law and Medical Malpractice for Arizona on
Q: I need advice on how to proceed about a severance offered after being fired
Stewart Salwin
Stewart Salwin
answered on Feb 22, 2020

Although severance pay is not required by law in Arizona, employers will sometimes offer a severance package when they are terminating an employee. Employers can offer a severance package out of the goodness of their hearts to soften the blow of an involuntary termination, but the main legal... Read more »

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on
Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take... Read more »

Mike Branum
Mike Branum
answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

Although, the woman stood there coughing and her voice gone, and having trouble breathing. The Walmart tech and staff refused to help her and insisted the lady was going to use the albuterol machine mouth piece for drugs (Walmart has the mouth piece for the machine on their website for sale, the... Read more »

Gary Kollin
Gary Kollin
answered on Feb 2, 2019

While not the best, the machine can be used with only the tube and not the mouthpiece.

1 Answer | Asked in Consumer Law, Products Liability and Health Care Law for Arizona on
Q: Does HIPPA compliance apply to email server used?

Do we need a certain email server? i.e., gmail, godaddy, office 365... which servers are supposed to be used?

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Unlikely but check with your professional society.

1 Answer | Asked in Family Law, Health Care Law and Wrongful Death for Arizona on
Q: I'm trying to get a autopsy done for my aunt but hospital denied it .

My aunt was sent to the emergency because of breathing and she had an open wond that she's been going thru for years.. they said her lungs were good that she was able to go home but she was supposed to stay over night to get antibiotics.. so they had put her under observations and so I got a... Read more »

Peter N. Munsing
Peter N. Munsing
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.

3 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Arizona on
Q: Can a hospital ask for reimbursement from a car accident settlement even if the health insurance company has paid?

If the health insurance company has paid off the hospital, can the hospital still ask for money from a car accident settlement in Arizona? I understand that health insurance companies work deals with hospitals to pay a lower price so with that being said, could the hospital still ask for more money... Read more »

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Aug 15, 2016

If you had an attorney representing you on your bodily injury claim, your attorney is the one to talk to. This often gets resolved through the attorneys handling a personal injury case to make sure all liens are resolved when disbursing the settlement funds. In general, the hospital can ask for... Read more »

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