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New York Health Care Law Questions & Answers
1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for New York on
Q: Our supervisor told us when and when we cannot use the bathroom. Is this illegal?
Gary Lane
Gary Lane answered on Jul 2, 2020

Yes, that is quite illegal and should be reported.

2 Answers | Asked in Health Care Law for New York on
Q: Can a emergency room denied you to be transferred to a different hospital

I was just release the hospital do not have all the equipment to test and see what is going on I ended up back into the er and ask to transfer me to a different hospital base on that factor. The er doctor agree there something more wrong with me. And that they did not have to equipment to help me.... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

The Emergency Medical Treatment and Labor Act, commonly known as EMTALA requires anyone coming to an emergency room to be treated regardless of ability to pay. EMTALA requires the hospital to treat and stabilize you. If the patient has been stabilized the hospital is permitted to discharge the... Read more »

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3 Answers | Asked in Contracts, Collections and Health Care Law for New York on
Q: Can my mom's doctor's office ask for co-payments (going back 6 months) when she was told she was covered? New York

My mom started with a new physical therapy practice back in Aug 0f 2019. She has medicare and blue cross blue shield. They said they accepted her insurance and proceeded to make copies of her insurance cards. At each visit, they never asked her for a co-payment. She recently called the... Read more »

Tim Akpinar
Tim Akpinar answered on May 18, 2020

Unfortunately, all medical offices will collect all co-payments where due. But most do not like to present patients with surprise bills. She could ask them if they would consider installment payments or some sort of deferment plan to reduce the financial shock. It looks like your mom in good faith... Read more »

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Landlord - Tenant for New York on
Q: What is a landlords responsibility if a tenants apartment is uninhabitable due to health violations?

My bathroom ceiling is dripping meriatic acid due to an upstairs neighbor pouring it down the drains. The entire apartment filled with smoke due to the chemical reaction when in contact with metal. What is the protocol for a situation like this? Is it the landlords responsibility to provide us with... Read more »

Gregory Byrnes
Gregory Byrnes answered on May 13, 2020

Your landlord should fix the issue. Your first step should be to let your landlord know so they can fix it.

Q: My religion says I cannot cover my face. Am I obligated to wear a face mask? I work for a mental health agency?

I work in a house with 3 individuals who reside there. I work overnight so they are sleeping in there rooms. Head nurse wants all staff to wear masks. Due to my religious believes I cannot wear one. What do I do?

V. Jonas Urba
V. Jonas Urba answered on Apr 9, 2020

I don't know. If I were a patient and you refused to wear a mask and I got sick there would probably be a big lawsuit. If you are not staying at least 6 feet away FROM EVERYONE except those you live with you are endangering other people's lives. Does your religion allow you to do that and... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for New York on
Q: Can an employer require employees who return to work following a COVID-19 Diagnosis to wear a mask?

I am a Civil Service Employee in NYS, which is a represented by a Union. The Chief Administrative officer has stated that once the Dept of Health Clears an employee to return to work after a COVID-19 Infection, that the employee must wear a mask for 7 additional days. The act of being forced to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

Everyone should be wearing masks with or without a diagnosis. Medical experts recommend that.

I had an emergency need to venture out today. The people with masks are the ones we respect most because they respect us and our well being.

You should be held in high esteem and continue...
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1 Answer | Asked in Health Care Law for New York on
Q: In light of the coronavirus breakout and hospitals having so many policy changes.......what rights does family have?

If a private hospital policy becomes no visitors at all for patients, can the patient be discharge without family coordination and participation? What can you do to stop a discharge?

Tim Akpinar
Tim Akpinar answered on Mar 16, 2020

At this point, everything appears to be in a state of flux, with many facilities awaiting developments from Albany or Washington, DC. One option is to contact hospital social workers, who in many facilities are ordinarily involved in patient discharges, to ask if they are able to assist. Good luck... Read more »

2 Answers | Asked in Estate Planning and Health Care Law for New York on
Q: Is an irrevocable trust created over 5 years ago, subject to the Medicaid 5 year look back rule?

Irrevocable trust was funded with assets 6 years ago.

Michael David Siegel
Michael David Siegel answered on Mar 6, 2020

Likely not. That is the point of such a trust.

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1 Answer | Asked in Elder Law and Health Care Law for New York on
Q: CDPAP, if PA's are independent contractors, why do FI's withhold taxes? CDPAPvs. Zucker,10/11/19, what was decided?

In the matter of CDPAPvs. Zucker,10/11/19

in layman's terms, what was decided?

Does this decision affect the status of the PA as an independent contractor vs. an employee?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 14, 2020

The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.

This had nothing to do with...
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1 Answer | Asked in Health Care Law for New York on
Q: So my mother dying in the hospital she has type 4 of cancer nothing helping her

So she want to put every house she has under my daughter name how can she do it in the bx so nobody can try to sell the house

Tim Akpinar
Tim Akpinar answered on Dec 22, 2019

I'm sorry for your difficult situation. Your question remains open in the Health Care category; you might have better chances of getting a meaningful response in the Real Estate category. You could try reposting there, or you could simply reach out to New York real estate lawyers on your own.... Read more »

1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for New York on
Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice

My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen,... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 12, 2019

If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Health Care Law for New York on
Q: Hi good morning I'm trying to get out of my apartment lease and the building has a lot of black mold

I've been living in my apartment for 3 years and I've had black mold 4 times. all of this is documented as well. For the past few times that I've had mold ive been ignored for months about maintenance being done for my apartment. Ik that black mold falls under the tenants... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 6, 2019

See if the landlord will just consent. Make sure you have documented what you posted here in writing to the landlord with proof of delivery. If you just leave, and are sued for breach, you will have a defense. Also, call the City to issue a violation, which will support your case.

2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on
Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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1 Answer | Asked in Small Claims, Personal Injury and Health Care Law for New York on
Q: I was forced to take a drug that make me a less of a man. I need a law to bring all this people to justice 6464892008

Above is my phone number for more info

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

you should ask the site to take your phone number down.

Contact a member of the NYState Assn for Justice--they give free consults. Look for one in the county where this happened.

However if you mean impotence, it is very, very difficult to prove it came from the drug and not from...
Read more »

1 Answer | Asked in Child Custody and Health Care Law for New York on
Q: Am I forced to have a procedure done on my child who already has shown improvement in health without this procedure?

My child has recently gotten sick he appeared to be lethargic and we were concerned not wanting to wait the next day we went to the nearest emergency room at this E.R. we were immediately suspected of being bad parents and neglectful of our child an attendee accused that we had let our child get... Read more »

Nina Mironenko
Nina Mironenko answered on Apr 24, 2019

Absolutely not. Get your child's pediatrician on your side and have her/him provide documentation of your child's improvement.

1 Answer | Asked in Contracts, Estate Planning and Health Care Law for New York on
Q: Does a health care proxy have any legal power after the death of the patient?

My aunt passed away. My sister was her health care proxy and wants to bury my aunt. My cousin want to cremate. Does my sister s?

Michael David Siegel
Michael David Siegel answered on Feb 19, 2019

The health care proxy is not relevant to this question. A will governs, and if no will, next of kin governs. If your cousin is your aunt's daughter, she has the right to this issue.

1 Answer | Asked in Health Care Law and Intellectual Property for New York on
Q: Could you tell me which inventor would be the primary on the project? It is just whoever is listed first?

I am conducting a research report on the patented product and need to find who would be the best expert witness on a hypothetical case wherein the product may be scrutinized in a medical malpractice case.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 9, 2019

The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: https://patents.justia.com/company/tesla. This answer does not constitute legal advice; make any predictions,... Read more »

2 Answers | Asked in Civil Litigation, Health Care Law and Sexual Harassment for New York on
Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?

My Husband got papers from work in December 6, 2018 from work it states:

He didn't sign for any papers.

The papers went directly sent to work only.

He was accused of sexual harassment in October 31 2017. He was suspended from work for 2 months and returned to work in... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 2, 2019

I would need to see the papers to answer the question.

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2 Answers | Asked in Health Care Law and Tax Law for New York on
Q: I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold

I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold and leave the rest in the corp?

Linda Simmons Campbell
Linda Simmons Campbell answered on Dec 14, 2018

When you set up a corporation you have to pay yourself at least the average rate for your job in your area. So no it is likely that everything you make would need to be paid as income.

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1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Q: I just found out I have asthma and I have been in the army for 4 years.

Just found out I have asthma after being in the army for 4 years. Prior to the military I was in perfect health and passed all health exams with flying colors. I want to know what i have to do to get out of the military and get my benefits/disability for this, without the rundown on them trying to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 18, 2018

Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims -...
Read more »

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