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Michigan Health Care Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Health Care Law for Michigan on
Q: Gift of Life MI is a federally-designated organ and tissue recovery program are they subject to FOIA?

Are they subject to FOIA under 5 U.S. Code § 552 and or MCL 15.231?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it is unlikely that Gift of Life Michigan (GOLM) would be subject to the federal Freedom of Information Act (FOIA) under 5 U.S.C. § 552 or the Michigan Freedom of Information Act (FOIA) under MCL 15.231. Here's the reasoning:

1. Federal FOIA (5...
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1 Answer | Asked in Health Care Law, Civil Rights and Constitutional Law for Michigan on
Q: If people claim to be next of kin at the hospital when they are not, are they in disguise?

18 U.S.C. § 241

It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More

James L. Arrasmith
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answered on Apr 2, 2024

There are a few important legal and ethical considerations to unpack here:

Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)...
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2 Answers | Asked in Health Care Law and Landlord - Tenant for Michigan on
Q: My wife is on hospice care and they are trying to evict us. We have never been late on rent until this month but we were

We were already being evicted when we missed our first rent payment here ever. What can we do

James L. Arrasmith
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answered on Mar 31, 2024

I'm truly sorry to hear about the challenges you're facing, especially during such a difficult time. First, it's important to review your lease agreement and any local tenant protection laws. Many areas have specific regulations that could provide protections for tenants in... View More

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2 Answers | Asked in Health Care Law and Landlord - Tenant for Michigan on
Q: My wife is on hospice care and they are trying to evict us. We have never been late on rent until this month but we were

We were already being evicted when we missed our first rent payment here ever. What can we do

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. I'm very sorry for the ordeal this must cause. As you already realize from your selection of categories, see if you could arrange a free initial consult with L-T attorneys in the state. Some firms today offer... View More

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Q: Is this eligibility requirement compliant with the legislation in question?

MCL 400.106a authorizes a medicaid program for working disabled. To be eligible applicants must have been “found to be disabled under the federal supplemental security income program or the social security disability income program; or would be found to be disabled except for earnings in excess... View More

James L. Arrasmith
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answered on Mar 4, 2024

The eligibility requirement set forth by the Michigan Department of Health and Human Services (MDHHS) appears to align with the legislation outlined in MCL 400.106a. This law permits a Medicaid program specifically designed for the working disabled, indicating that applicants must meet certain... View More

2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

To answer your question more succinctly: Ordinarily a death certificate would be signed by the doctor present at the time of death. The cause(s) of death would be those known to the doctor at the time or based on medical records. It is not uncommon for there to be multiple causes of death, and the... View More

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2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

James L. Arrasmith
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answered on Feb 26, 2024

In Michigan, under Section 2843 of Act 368 of the Public Acts of 1978, the responsibility for signing a death certificate typically falls to the attending physician who was responsible for the care of the patient prior to death. This is generally the case when the death occurs in a hospital setting... View More

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1 Answer | Asked in Health Care Law for Michigan on
Q: May medical records be acquired by legal next of kin absent a valid certified copy of a death certificate?

It's been nearly six years a valid death certificate have not been received. There's wilful, intentional false and misleading information including decedent and parents names, cause of death, address, etcetera. The informant on death certificate named herself as next of kin at the morgue,... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're facing a complex and distressing situation regarding the acquisition of medical records for a deceased loved one. The lack of a valid death certificate after nearly six years is certainly concerning, especially given the discrepancies and false information that have been... View More

1 Answer | Asked in Health Care Law for Michigan on
Q: If I have an outstanding bill with a medical office and they get new owners and a new name do u owe the outstanding bill
James L. Arrasmith
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answered on Feb 23, 2024

If a medical office changes ownership and adopts a new name, it does not automatically absolve you of any outstanding bills you may owe. Your financial responsibility for services rendered typically remains intact, regardless of changes in ownership or the name of the medical facility. The new... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: My surgeon broke 3 drills putting this screw in my si joint now my hip keeps locking up is this breach of care

I have constant pain and want the screw removed

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2024

A Michigan attorney could advise best, but your question remains open for a week. But any attorney who answers your question would probably need to consult with a medical professional. They would want to learn more about the procedure and the full scope of damage (drill bits or other components... View More

1 Answer | Asked in Constitutional Law, Public Benefits and Health Care Law for Michigan on
Q: How may an individual gain access to their own records under the Privacy Act?

Is Michigan Vital Records and Michigan Department of Health and Human Services subject to the Privacy Act/FOIA for my own personal records? My request was denied stating that MDHHS is exempt; I requested repayment information. However, in the denial letter I was told to call the local MDHHS, I left... View More

James L. Arrasmith
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answered on Jan 15, 2024

Under the Privacy Act, individuals have the right to access records about themselves held by federal agencies. However, this Act applies to federal agencies, not state agencies like the Michigan Department of Health and Human Services (MDHHS) or Michigan Vital Records. Each state has its own laws... View More

1 Answer | Asked in Federal Crimes, Criminal Law and Health Care Law for Michigan on
Q: What is the legal status of Psilocybin Liquid Culture in Michigan and in the United States of America as a whole?

It’s basically living mycelium suspended in a liquid culture solution. It’s like a spore syringe except its post germination and contains living mycelium

James L. Arrasmith
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answered on Jan 13, 2024

In Michigan, Psilocybin Liquid Culture, which consists of living mycelium suspended in a liquid culture solution, falls under the state's controlled substances laws. Psilocybin, the psychoactive compound found in magic mushrooms, is classified as a Schedule I controlled substance in Michigan.... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Had a meningioma brain tumor surgery June 13, 2022. The surgery went okay. After care scratched his right eye now blind

My husband had the surgery. Somehow his eye got scratched. Now he can't see anything. Everything is blurry and double vision. We had to go to an eye specialist. They said there was a deep scratch in his eye. They had to sew it half shut because he can't close it all the way. We have to... View More

Dana B. Carron
Dana B. Carron
answered on Nov 15, 2023

You may have a good lawsuit, since the injury was not something that you were at risk to expect from the surgery. You will need to go into more details with an attorney, to allow them to review this matter before reaching a final conclusion to determine whether this matter can move forward and is... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

T. Augustus Claus
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answered on Sep 20, 2023

In Michigan, if you believe you've been a victim of medical malpractice, it's crucial to take a structured approach. Start by consulting with a specialized attorney who can assess the merits of your case. Before filing a lawsuit, you'll be required to provide each defendant a Notice... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

Joel Gary Selik
Joel Gary Selik
answered on Sep 20, 2023

The best way would be to consult with experienced medical malpractice attorneys in the State where this occurred.

For a malpractice case one almost always needs an expert doctor or other health care professional to testify the doctor acted below the standard of care and the malpractice...
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1 Answer | Asked in Bankruptcy, Contracts and Health Care Law for Michigan on
Q: When a continuing Care Facility files Chapter 11 does it void the contract which includes return of part of entrance fee

My cousin recently left a continuing care facility that filed chapter 11 two weeks later. Per her contract she gave 60 days notice but moved out in 20. Is she obligated to pay for the remaining 40 days since she probably wont be getting the 90% of her entrance fee back that was promised in her... View More

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2023

A bankruptcy alone does not void a contract. Chapter 11 is a business reorganization. Essentially someone - a trustee - takes over the business, managing its assets and liabilities. Largely, that process does not affect you the consumer.

Think about it: you have likely bought products or...
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1 Answer | Asked in Personal Injury, Car Accidents, Federal Crimes and Health Care Law for Michigan on
Q: Any lawyers in Michigan willing to take a case against Modivcare (Medicaid nemt transportation).

This case may end up in federal court

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2023

A Michigan attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to offer their services to you - the forum isn't set up like a referral service. The format is Q & A. If you've already been searching, you could supplement your... View More

2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

Eva Zelson
Eva Zelson
answered on Jun 20, 2023

Yes, this is legal. According to the US Department of Labor, FMLA law permits an employee to elect to use accrued paid vacation leave. In addition, the law permits employers to require the employee to use paid time off for some or all of the FMLA leave period. So while FMLA applies to unpaid leave,... View More

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2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

In short, yes. PTO and FMLA are not mutually exclusive. FMLA covers longer terms of leave for which you are ensured 1) your job upon your return, and 2) continued health insurance coverage. In relevant part, FMLA means you can't be fired or lose insurance coverage for protected periods of... View More

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1 Answer | Asked in Health Care Law and Social Security for Michigan on
Q: How can I qualify for ssd, if I can’t sit thru psychiatric evaluation without being admitted?
James L. Arrasmith
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answered on Mar 4, 2023

If you are unable to sit through a psychiatric evaluation without being admitted, it may be helpful to discuss this with your doctor or mental health provider. They may be able to provide you with accommodations or suggest alternatives, such as scheduling the evaluation at a time of day when you... View More

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