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Florida Health Care Law Questions & Answers
2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

James L. Arrasmith
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answered on Jun 15, 2024

You can still qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) even if you can't afford medical care. The Social Security Administration (SSA) considers the severity of your impairments based on your existing medical records, including your MRI... View More

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2 Answers | Asked in Federal Crimes, Health Care Law and Identity Theft for Florida on
Q: Are there lawyers who specialize in medicare identity theft

Mail from Aetna (Medicare plan) is delivered to my house multiple times over the last year or so, addressed to someone else.

I have also received three checks made out to me for claims made thru Aetna which I did not submit claims for. The first time I called Aetna and advised them and... View More

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are lawyers who specialize in identity theft cases, including those involving Medicare fraud. Given the severity of your situation, consulting with an attorney who has experience in this area would be a wise step to protect your rights and guide you through the process of resolving the... View More

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1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Florida on
Q: I'm seeking personal voluntary euthanasia. I'm of sound mind and can argue logically. What are my options?

I'm not terminally ill, but have had a lifelong struggle with mental illness. I believe I have the right to die, and wish to exercise it.

James L. Arrasmith
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answered on Mar 18, 2024

I understand your situation and the complexity of the feelings you might be experiencing. It's important to talk to someone who can provide professional support and guidance, like a therapist or a mental health counselor. They are trained to understand the depth of your struggles and can offer... View More

1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
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answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent.... View More

1 Answer | Asked in Health Care Law and Public Benefits for Florida on
Q: My spouse is disabled and is receiving Medicaid in Florida. Does my income is going to affect her future eligibility?

My spouse is 65 and she is legally disabled. I am 63 and still have a part time job. She is the only one who has Medicaid and receiving SSI benefits (and also Medicare). My income has any effect on her eligibility? Is there an income limit for me?

James L. Arrasmith
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answered on Feb 23, 2024

In Florida, Medicaid eligibility for individuals who are disabled or elderly is determined based on their own income and resources, rather than the income of their spouse. This means that your income should not affect your spouse's eligibility for Medicaid benefits. However, it's... View More

1 Answer | Asked in Health Care Law for Florida on
Q: What are my legal responsibilities in refunding BCBS for a covered benefit that is now considered an overpayment?

My mother passed away last September. All of her assets are in a trust to be distributed to beneficiaries. On January 4, 2024, I received a letter addressed to my mother from BCBS asking for an overpayment refund of a covered benefit.payed to my mother in November 2022 in the amount of $12,971.15.... View More

James L. Arrasmith
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answered on Feb 4, 2024

In this situation, your legal responsibility depends on the terms and conditions of your mother's health insurance policy with BCBS and the laws governing overpayments. First, review the insurance policy to understand any clauses related to overpayments and refunds. It's essential to... View More

3 Answers | Asked in Consumer Law, Contracts and Health Care Law for Florida on
Q: I was a patient at South bay medical and found out they closed but the treatment never worked 17 times $4500.00 what can

I do about this I'm paying for something that did not help and there was several others the same thing

James L. Arrasmith
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answered on Dec 14, 2023

If you received treatment at South Bay Medical that was ineffective, and you've incurred significant expenses, there are a few steps you can take. First, gather all relevant documentation related to your treatment, including any contracts, receipts, and records of your visits and the... View More

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1 Answer | Asked in Personal Injury, Real Estate Law, Health Care Law and Landlord - Tenant for Florida on
Q: Can I sue my HOA for radon exposure and for denying my architectural request for a mitigation system?

Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 13, 2023

Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More

1 Answer | Asked in Health Care Law for Florida on
Q: Florida man in hospital ICU for the last 10 days. Hospital wants brother sign on his behalf to get Medicare.

Jacksonville FL - Hospital provided documents for brother to sign, but he hasn't done it yet. (He arrived in town today.) Will he be held liable for anything under this scenario? The patient's prognosis is not good, but he may go to hospice. And of course, there are current hospital... View More

James L. Arrasmith
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answered on Nov 12, 2023

Here are a few key considerations for this situation in Florida:

- The brother should be very cautious about signing any documents on behalf of the patient. He could potentially incur financial liability without proper legal authority.

- In order for the brother to make medical or...
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3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
T. Augustus Claus
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answered on Oct 30, 2023

A court cannot force you to have health insurance on yourself. However, there are some exceptions to this general rule. For example, a court may order you to have health insurance if

you are a parent and must provide health insurance for your child as part of a child support order....
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3 Answers | Asked in Health Care Law, Employment Law, Family Law and Child Support for Florida on
Q: Can a court force me to have health insurance on myself?
Rand Scott Lieber
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answered on Oct 30, 2023

As long as you are asking about family court, you can be ordered to provide insurance for any children that you have. I do not think that you can be ordered to provide health insurance for yourself. There may be circumstances where you can be ordered to have life insurance to secure your child... View More

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1 Answer | Asked in Medical Malpractice and Health Care Law for Florida on
Q: Is it normal for a doctor to pull down underwear to feel lower abdomen due to constipation?
T. Augustus Claus
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answered on Oct 6, 2023

In a medical examination, a doctor might need to palpate or press on the lower abdomen to assess for constipation or other abdominal issues. Generally, this can be done without pulling down the underwear. However, if the doctor feels that they need to examine a specific area more closely or if... View More

1 Answer | Asked in Health Care Law, Public Benefits and Real Estate Law for Florida on
Q: Are Medicaid recipients in FL allowed buy a home if lender approves loan without assets?

If yes to above, can someone else make the down payment without impacts to Medicaid eligibility?

T. Augustus Claus
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answered on Sep 12, 2023

In Florida, Medicaid recipients may be allowed to purchase a home if they obtain a mortgage loan without substantial assets, and this purchase typically does not automatically disqualify them from Medicaid eligibility. However, there are important considerations to keep in mind. The value of the... View More

3 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Juvenile Law for Florida on
Q: Good morning, My (12 year old) daughter is a type 1 diabetic, and she was denied her accommodations at a Summer camp in

My daughter is type 1 diabetic, and she was denied her accommodations at a summer camp in Florida in which she was enrolled and we have been paying for more than 1 year to save her place, on June 15, 2023 I filled out all the forms required by the camp with all her necessary accommodations,... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2023

The camp may or may not be in violation of the Americans with Disabilities Act, depending on various factors. This publication by the American Diabetes Association is helpful: https://diabetes.org/sites/default/files/2021-06/Camp_2021_Fact%20Sheetsnewbranding.pdf

As explained there, the...
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1 Answer | Asked in Insurance Bad Faith and Health Care Law for Florida on
Q: We need an attorney to help with long term health care insurance. We have been through a long process& tons of excuses

Long term health care is not honoring the agreement.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2023

A Florida attorney could advise best, as insurance practices are largely governed by state law. However, your question remains open for four weeks. At this point, one option is to reach out to attorneys. In addition to your own searches, you could look into the resources of state or local bar... View More

2 Answers | Asked in Criminal Law and Health Care Law for Florida on
Q: How can a past felony be reduced to a misdemeanor status in Florida through legal means?

How can a past felony be reduced to a misdemeanor status in Florida through legal means?

In 2018, I was charged with possessing a fake identification in the state of Florida, which resulted in a felony charge. However, I received adjudication withheld status after successfully completing... View More

Jonathan Blecher
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answered on Apr 5, 2023

Sealing your record won't help you when applying for certification in the "Compact". The case will come up in a level II background check AND you must disclose the arrest, regardless of the withhold or a sealing. The time limit has passed to vacate the plea. However, a lawyer would... View More

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2 Answers | Asked in Criminal Law and Health Care Law for Florida on
Q: How can a past felony be reduced to a misdemeanor status in Florida through legal means?

How can a past felony be reduced to a misdemeanor status in Florida through legal means?

In 2018, I was charged with possessing a fake identification in the state of Florida, which resulted in a felony charge. However, I received adjudication withheld status after successfully completing... View More

Jenna Cyra Finkelstein
Jenna Cyra Finkelstein
answered on Apr 5, 2023

Hello-

If you were not convicted of the charge, and have no other criminal and/or criminal traffic convictions, you may be eligible to have that case sealed. It cannot be reduced to a misdemeanor but it can be sealed. However, note that medical boards and similar agencies still require disclosure.

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3 Answers | Asked in Personal Injury and Health Care Law for Florida on
Q: Is it legal for a doctor to give free service when the patient can't pay.

Weird question, I know.

So, 4 days ago I slipped on my stairs and broke my ankle. It hurts alot walking so I have to rest. In around 20 days I get a check from my bank, because they messed up sth regarding a ingeritance I receive.

The point is, until then, I have no money to visit... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 2, 2023

No law against it, but you might not find a doctor's office willing to do that. Your county likely has a public health system for treating indigent (poor) people, so you have that option. Regarding the slip and fall, was it totally your own fault, or can you point to any problem with the... View More

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