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New York Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for New York on
Q: Do I need to pay the bill for a wrong diagnosis done in hospital pediatric emergency?

This was when we were on a trip to new Jersey. My toddler kid who can't even speak had a nursemaids elbow (elbow dislocation). The emergency doctor did not even touch her to see what's wrong, ordered x-ray of the shoulder and that too the wrong shoulder and said everything is ok. The kid... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 11, 2020

I'm sorry for your ordeal with your child's elbow dislocation. This does not appear to be something on which an attorney could readily offer a quick "yes" or "no" answer. Although you say the hospital did not do the right thing, it is possible that their version of the... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: What is the easiest way to research NYS Public Health Laws Put a section number in and all the amendments come up?

Have been searching on NYS ASSEMBLY and NYS government sites Is there an easier way?

Tim Akpinar
Tim Akpinar answered on Nov 4, 2020

It looks like you already tried the New York Senate site under Laws of New York/Consolidated Laws. There is a section here on the Justia site - you may need to verify with Albany or other sources on your own as to whether the provisions are the latest, as they say 2019.... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: My medical info from physicians office has been shared possibly with my employer HR office and definitely disability.
Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

As a general matter, an entity would need an authorization signed by you to obtain your medical records. You mention disability. If there is a pending disability claim, medical authorizations could materialize in the course of the application process for benefits. Another explanation, which an... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: My mom suffered a stroke in 2014 from a hospital that misdiagnosed her pre stroke the day before.

6 years later my mom suffered another stroke that caused more damage. Can that same hospital be held responsible for this stroke as well.

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

I'm sorry for your mom's ordeal. This is something that calls for a medical opinion. If a physician was asked to make such a determination, it's likely that they would want to know more about the medical history. You could reach out to med mal attorneys. If a law firm felt there was... Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for New York on
Q: It is legal for a gas station to deny me access to a restroom because they don’t want to pay septic fees?

The manager and the owner are not allowing anyone to use their restroom even though it works due to the fact they are tired of paying septic fees. I used it the last 3 days even though they have not in service signs and I have asked before to use the restroom and they said no sorry but when I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 5, 2020

Here is a link to an organization that is involved in this issue. You could look into whether their resources offer guidance: https://americanrestroom.org Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law for New York on
Q: My father is in a hospital and has had several falls out of bed trying to get himself out of bed, I wasn't notified.

My father told me of both situations I discussed my being mad about not getting notified yet again. Called this morning and my father had been moved to a different part of hospital and wasn't informed that either

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

I'm sorry for your ordeal. If you reach out to attorneys to discuss this in greater detail, a primary question that will arise is whether your father was injured. I hope your father did not sustain injury, but how an attorney proceeds with such a matter could hinge largely on that. Good luck... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Is it legal for a nurse to say something to a patient that ultimately causes them harm?
Tim Akpinar
Tim Akpinar answered on Sep 20, 2020

It would depend on what was said and what the harm was. If it involved medical instructions that resulted in physical harm in the form of injury or illness, it could possibly give rise to damages. Good luck

Tim Akpinar

1 Answer | Asked in Elder Law, Health Care Law and Landlord - Tenant for New York on
Q: When an adult relative moves into my rent-stabilized unit, what do I say if the landlord asks how long they'll be here?

I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... Read more »

Elaine Shay
Elaine Shay answered on Sep 15, 2020

The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Can a college in nys legally require you to get the rabies vaccine?

I’m enrolled in a vet tech program in nys and they are requiring that each student gets the rabies vaccine in order to get clinical experience.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2020

I am not certain of case law on the issue, but a private academic institution could assert that it has a legitimate basis for mandating the vaccine due to health and safety issues. Good luck

Tim Akpinar

2 Answers | Asked in Estate Planning and Health Care Law for New York on
Q: Can a couple put a house in a irrevocable trust and then, within months, collect Medicaid in New York State?

The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 25, 2020

Yes. However, the law is scheduled to change shortly. Right now there is no look back period for Medicaid involving assisted living. After October 1, 2020 there will be a look back period. The transfer needs to be done quickly and properly.

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2 Answers | Asked in Health Care Law for New York on
Q: Does a private physician have an Enforceaable obligation to report a patient violating a quarantine order?
Gary Lane
Gary Lane answered on Jul 8, 2020

I would say that the doctor patient privilege will withstand any other obligation to report, absent the planning of a future major crime. So NO.

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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...
Read more »

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...
Read more »

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