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South Carolina Health Care Law Questions & Answers
2 Answers | Asked in Insurance Bad Faith and Health Care Law for South Carolina on
Q: Insurance denial for critical hospital stays due to high blood sugar over 1000.

My insurance is denying payment for both of my critical hospital stays. These stays were necessary due to high blood sugar levels over 1000, which required immediate medical attention. Although my doctor confirmed the necessity, the insurer claims it wasn't necessary. I have received... View More

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2025

A South Carolina attorney could advise best, but your question remains open for a week. Check the fine print on the denial and what options it outlines, whether civil suit, arbitration, appeal, complaint, or other. If you are unable to resolve, even with additional supporting documentation for the... View More

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Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Health Care Law for South Carolina on
Q: I recently had DSS called on me and of course the case was unfounded. However, I need help.

I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More

1 Answer | Asked in Business Formation, Business Law and Health Care Law for South Carolina on
Q: Can parents legally be charged a fee for therapist no-shows or late cancellations in ABA services?

I’m a Board Certified Behavior Analyst forming an ABA company to provide therapy in private homes to children with autism, funded by various types of Medicaid. Medicaid only reimburses for services rendered. Can I legally get parent signatures at intake to have parents pay a fee if a therapist... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're right to be cautious, especially when Medicaid is involved. Medicaid typically only pays for services that are actually provided, so it won't cover fees for no-shows or late cancellations. However, that doesn't automatically stop you from establishing a separate financial... View More

1 Answer | Asked in Health Care Law and Personal Injury for South Carolina on
Q: Is it legal for a doctor to refuse to fill medications after dismissing a patient in SC?

I received a certified letter from my doctor stating he was dismissing me as a patient, attributing the decision to management without providing a reason. The letter mentioned he is required to fill my medications until a certain date; however, he is refusing to do so. I have been his patient for... View More

James L. Arrasmith
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answered on Jun 11, 2025

In South Carolina, a doctor has the right to end the doctor-patient relationship but must provide reasonable notice and continue to provide care, including medication refills, for a reasonable time to allow you to find a new provider. If your doctor agreed to fill your prescriptions until a... View More

1 Answer | Asked in Employment Law and Health Care Law for South Carolina on
Q: Fired for HIPAA violation involving mother, can I sue for wrongful termination?

I was fired for a HIPAA violation with my mother's patient chart, as she was also my patient. The office manager claimed access to her chart was outside of work-related duties. Company policy prohibits accessing family or friends' charts unless work-related. I wasn't informed of any... View More

James L. Arrasmith
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answered on Jun 10, 2025

Being fired over a HIPAA violation—especially involving your own mother—can feel unfair, especially if you believed your actions were part of your duties. Many employers have strict policies about accessing patient charts, even for family members, and they often rely on the appearance of a... View More

1 Answer | Asked in Immigration Law, Health Care Law and Civil Rights for South Carolina on
Q: Can a SC minor travel to Oregon to receive HRT with parental consent?

I am a resident of South Carolina, over the age of 15 but under 18, and I want to know if it is legal for me to travel to Portland, Oregon, to receive Hormone Replacement Therapy specifically with Estrogen pills. My parents are aware and consent to this treatment. The reason for seeking treatment... View More

James L. Arrasmith
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answered on Apr 30, 2025

You're navigating a complex intersection of state laws. South Carolina recently enacted legislation that prohibits healthcare professionals from performing gender transition procedures for people under 18, including hormone treatments like estrogen. This law went into effect immediately when... View More

1 Answer | Asked in Health Care Law for South Carolina on
Q: Can my doctor's office charge for providing my sleep test results without a visit?

I did an at-home sleep test two months ago and had to pay a significant amount out of pocket. Despite repeatedly calling my doctor's office for the results, they told me I couldn't get them unless I came in for an office visit. I was not informed beforehand that an office visit would be... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have the right to access your medical records, including test results, without being forced to schedule a visit. Under federal law, specifically the HIPAA Privacy Rule, a medical provider must provide you with a copy of your health information within a reasonable time when requested. They are... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for South Carolina on
Q: Jail refuses Hep-C medication & legal aid for relative; next steps?

I have a relative who is serving time in jail and has been diagnosed with Hepatitis C a few months ago. The jail refuses to provide his medication, citing that his insurance and Medicaid won't cover transportation of the medicine from the pharmacy to the jail. He has just had blood work done... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your relative’s health and access to justice are both incredibly important, and it's clear you're doing everything you can to help. Under **SC Code of Law Title 24, Chapter 7, Section 24-7-110**, the jail has a duty to provide necessary medical care, including medication for conditions... View More

2 Answers | Asked in Health Care Law, Federal Crimes, White Collar Crime and Criminal Law for South Carolina on
Q: I'm facing possible Medicaid fraud charges after a South Carolina AG investigation referred by local authorities. What steps should I take?

I anticipate being charged with Medicaid fraud following an investigation referred by local authorities to the South Carolina Attorney General's office, initiated by my ex-husband. The Attorney General's office has contacted me three times to set up a meeting. I haven't communicated... View More

Stephen Grooms
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Stephen Grooms
answered on Apr 7, 2025

You need to hire a defense attorney licensed in South Carolina, one who practices primarily in criminal defense. Your attorney can coordinate with the AG and they will know how best to advocate for you, as well as walk you through the process. This type of charge is a general sessions offense which... View More

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1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2023

A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More

1 Answer | Asked in Personal Injury and Health Care Law for South Carolina on
Q: Mis- diagnosed by ER then 24 hours later admitted with 3% survival rate to ICU for 45 days

The ER discharge him with a 500 blood sugar and never told him it was severely elevated 24 hrs later he's in ICU with only 3% Survival rate

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2023

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys to meaningfully assess the situation, based on the limited details of the brief post here. You could try to arrange a free initial consult with a law firm in your state. If... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for South Carolina on
Q: My father died Jan 10, 2020 in Vanderbilt Hospital where he was sent by the VA in Columbia, SC for a stem cell treatment

he died from nasal cavaty cleaning that went to far and hit his brain he bled out and died.

Joel Gary Selik
Joel Gary Selik
answered on Apr 13, 2023

Not all bad results are malpractice, the health care provider must have acted below the standard of care. What you describe does sound like malpractice but a doctor would have to confirm the breach of the standard of care. Consult with experienced medical malpractice attorneys in your state.

1 Answer | Asked in Elder Law, Health Care Law, Military Law and Nursing Home Abuse for South Carolina on
Q: My Father was veteran. He’s been at funeral home since Oct 2th without anyone letting the family know what’s going on.

My father was a veteran that had live in nurse aid. None of our family knew this person other than me searching her criminal records. She let him get dehydrated for 5 days which shut his organs down. She was reported to DSS.Not one person has gotten back with family on that. He then went in Oconee... View More

Roy Willey
Roy Willey
answered on Oct 9, 2022

I’m unclear on what your exact question is but you should contact an nursing home negligence attorney if you are concerned about the care your father received. So sorry for what you are going through.

1 Answer | Asked in Health Care Law and Employment Law for South Carolina on
Q: my old job took money for health insurance but I never was enrolled in plan and they refuse to give money back, legal?

From Feb 2022-april 1 2022 I paid weekly for health and dental, my last day was april 1st with company. I tried going to dr the last week of employment and found out I was never enrolled in a plan, emailed and spoke with hr multiple times and they are no longer responding to me getting my money... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer step-by-step directions on this frustrating situation. You could reach out to attorneys to investigate the matter in terms of the formation of your contract... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for South Carolina on
Q: I believe my mother is being neglected in a physical rehab hospital. Is it legal to record her overnight?

My Mother's medical proxy gave their permission. They have no signs prohibiting camera usage. They also have had many patient complaints about staff members. What can I do?

Roy Willey
Roy Willey
answered on Apr 4, 2022

There is nothing prohibiting that if your mother agrees.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... View More

1 Answer | Asked in Copyright and Health Care Law for South Carolina on
Q: Hi! I am a surgeon and I want to convert a digital xray (no hipaa identifiers) into an NFT and sell it. any issues

The xray is a postoperative xray with implants that illustrate a good deformity correction and would be of educational value to surgical implant companies. Thanks!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 9, 2021

Depends

Check with the HIPPA regulations and consult an attorney

Check if you had any waiver signed by the patients

1 Answer | Asked in Health Care Law for South Carolina on
Q: How long does the doctor have to release your records to you after written authorization has been given
William Thomas Geddings Jr
William Thomas Geddings Jr
answered on Mar 31, 2021

The answer can vary depending on what you mean by "doctor". The rule can differentiate between a doctor in private practice, a hospital, a medical clinic or other provider that are often lumped together as "doctor". The general rule is that they have a reasonable time.... View More

1 Answer | Asked in Employment Law and Health Care Law for South Carolina on
Q: I have been sent home twice for 2 weeks each time due to covid. They say I will not be paid this time around.

The first time I had a cough and it took the full 2 weeks to get a covid test result. It was negative and all I had was bronchitis. I was paid during this time (supposedly from the CARES Act even though I was covid negative). This most recent time my boss got covid on vacation, brought it into work... View More

Kyle Anderson
Kyle Anderson
answered on Jul 1, 2020

Hi, good question. The Families First Coronavirus Response Act (FFCRA) requires some employers to provide employees with paid sick leave for absences related to COVID-19. The requirement only applies to companies with less than 500 employees. If your employer has less than 500 employees, you may be... View More

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