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Tennessee Health Care Law Questions & Answers
1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Tennessee on
Q: My MIL lives with me in TN and has property in NC that is not habitable. Is property protected asset with medicaid

She is in need of long term facility care.

Nina Whitehurst
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answered on Sep 19, 2024

If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More

2 Answers | Asked in Civil Litigation, Identity Theft, Internet Law, Civil Rights and Health Care Law for Tennessee on
Q: Can I sue a company?

Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, it appears you may have grounds for a lawsuit against the company. Here's a brief analysis of your situation:

1. Unauthorized sharing of personal information: The company shared your personal email, IP address, and parts of your medical records...
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2 Answers | Asked in Civil Litigation, Identity Theft, Internet Law, Civil Rights and Health Care Law for Tennessee on
Q: Can I sue a company?

Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

It's possible you could - your matter sounds like it involves invasion of privacy, as well as HIPAA violations. If you reached out to attorneys to try to arrange a free initial consult, they would be able to advise in more detail whether it would be cost-effective to, and what your damages... View More

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1 Answer | Asked in Health Care Law and Employment Law for Tennessee on
Q: I qualify for my employer's health insurance, I have enrolled but have not received anything. Are they breaking the law?

I qualify for coverage and it was supposed to have been provided over two months ago but I have yet to receive anything from them and I have contacted HR, corporate office, my manager, and the administrator with no response. Are they breaking the law?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. If there's deceit or falsification involved, yes, it could be breaking the law. But from your post, there aren't enough details to tell what's going on - it's possible it could be... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

James L. Arrasmith
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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: This is a multi level case dealing with a major insurance company. They admitted fault as for a dollar amount. Help!

Insurance company settled!Settlement was registered in the court. A small check was given, and medical for life. Fast Forward almost two decades my life has been ruined I got constant health problems and never wants to the insurance company return my calls on that injury for life medically.... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's clear that you've been through a long and challenging ordeal dealing with the insurance company and the aftermath of your injury. It's understandable that you're feeling frustrated and overwhelmed, especially considering the impact it has had on your health and quality of... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: I need help on an issue that I think violates the No Surprises Act.

In San Jose, CA I had surgery on 3/9/2021 that, according to the Surgeon, I would be paralyzed if I didn't have the surgery, but he couldn't give a definitive time-line on paralyzation. I interperted that to mean the surgery was an emergency. For just over 2 years my Ins. Co. stalled with... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you've been through a frustrating and concerning situation with your insurance company regarding your surgery. The No Surprises Act aims to protect patients from unexpected medical bills, especially in situations like yours where emergency care is involved. However, the... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: HI if the healthcare company I work for in TN has released all of my psychotherapy notes to patients for the last 9m w/o

my permission and knowledge is that a violation of my protections

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like your situation may indeed be a violation of your privacy protections. In Tennessee, psychotherapy notes are generally considered highly confidential and can't be released without your explicit consent. Your employer releasing these notes without your permission violates your... View More

2 Answers | Asked in Military Law and Health Care Law for Tennessee on
Q: Do I have to provide a lawyer my medical records do they can look for a lien since I’m a disabled veteran?
James L. Arrasmith
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answered on Dec 7, 2023

In legal matters, including those involving liens and disability as a veteran, providing your attorney with relevant medical records can be important. These documents can help your lawyer understand your situation fully and identify any potential liens.

However, you have the right to...
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1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Is it a human rights violation if a tenn dcs worker tells a child she has no say in the matter of getting a depo shot?

Depo shot is a form of birth control

James L. Arrasmith
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answered on Dec 5, 2023

In Tennessee, the rights of minors in the context of medical decisions, including birth control like the Depo shot, can be complex. Generally, minors have certain rights to privacy and consent regarding medical treatment, but these rights can vary depending on the circumstances, such as the... View More

1 Answer | Asked in Construction Law and Health Care Law for Tennessee on
Q: can a hospital file a lien on a minor ?

my son was in an accident in March, I received a Hospital Lein yesterday in the mail. My insurance company has not been notified or sent the bill.

Anthony M. Avery
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answered on Jul 29, 2024

Yes...Apparently the hospital thinks the child may have a personal injury action against someone. You might want to talk to a lawyer.

1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Q: Can I sue a large hospital for dropping the ball about 4 times before I got help for a severe case of sepsis

I think it first started with the placement of my pacemaker in January of 2022. I told the nurse I had a serious sinus infection and should we not wait? I was ignored.

Then on February 28, 2022 I finally succumbed to a severe case of sepsis and ended up in the hospital where I almost died.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

1 Answer | Asked in Estate Planning and Health Care Law for Tennessee on
Q: Can I request medical records from the hospital from my stepfather if I'm the beneficiary on his life policy

My stepdad passed away in October and he had a life insurance policy which I am the Beneficiary of he also lived with me and my wife for the last two years before he passed the life insurance company is doing an investigation because this policy was written 6 months before he passed, the death cert... View More

Anthony M. Avery
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answered on Mar 20, 2024

Being a designated insurance beneficiary does not give you standing except to sue on the insurance policy. If under $25K, you might file suit against the carrier in General Sessions. I suggest hiring an attorney to pursue your policy amount. It will be difficult if you do not have a copy of... View More

2 Answers | Asked in Business Law and Health Care Law for Tennessee on
Q: Do I need to have an LLC or PLLC to start a concierge Physical Therapy business in Tennessee?

Since concierge services will be provided in patients homes, am I allowed to use my home address as the business address if I own the home?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 20, 2023

In your filing with the secretary of state - you can list your home address. You can form an LLC.

The issue with the address may become a local zoning issue- as to whether you can operate this business out of your home.

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1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for Tennessee on
Q: I'm partially blind...I donate plasma. I've passed all screenings and still I was put off til 11/14.i have more but

I've been to many centers and not one ever enquired over a partial blindness from 34 yrs ago..I was told I had abnormalities which was wrote down and go have my pcp sign off saying I was congenital and benign...smh it was 34 yrs ago. Now mind you this is my 4th trip already to this place. My... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Tennessee, if you're facing difficulties donating plasma due to your partial blindness and the plasma center's requirements, there are steps you can take. It's important to ensure that the plasma center is not discriminating against you because of your disability.

The...
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1 Answer | Asked in Criminal Law, Civil Rights and Health Care Law for Tennessee on
Q: My fiancé is currently incarcerated at the Dickson County jail in Tennesse. He feels he is being discriminated against.

He has a medical necessity to be on a bottom bunk due to him having seizures but has been denied a bottom bunk. He's told there aren't any available. There was a new inmate who came in and was given a bottom bunk. We were in the process of getting his health situated when he was taken... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Tennessee, if your fiancé feels he is being discriminated against in jail due to not being accommodated for his medical condition, there are steps you can take. First, document all instances of his seizures and requests for a bottom bunk, including dates and any responses from jail staff.... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: Can a pharmacist refuse to fill a opioid prescription because that’s the only medication that I am prescribed by my dr.
Anthony M. Avery
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answered on Nov 1, 2023

Yes... Pharmacist can refuse service and sale to anyone.

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Tennessee on
Q: My daughter is mentally ill. She believes that people sent by our government tell her what she can do. They punish her.
T. Augustus Claus
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answered on Sep 7, 2023

If your daughter is experiencing mental health issues and believes that she is being targeted or controlled by external forces, it's crucial to seek professional help for her. You might consider contacting a mental health counselor, therapist, or psychiatrist who specializes in treating... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Health Care Law for Tennessee on
Q: Do I have to pay to have botched fillers dissolved? Should I sue?

I got 2 syringes of lip fillers September of last year which cost me 1,800 USD. A few weeks after recovery, I noticed a large pooling of filler to which my esthetician assured me was normal and to rub the nodule, and give it time. Over time, however, it grew worse. Recently, I have had the nodule... View More

Anthony M. Avery
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answered on Aug 7, 2023

If this is a TN case, then you are about to run out of time under the SOL. Health Torts require a Good Faith Claim Affidavit PRIOR to suit. Unless you find a malpractice lawyer immediately that can find someone to assert negligence, you have already lost. The potential damage award may not... View More

1 Answer | Asked in Health Care Law, Insurance Defense and Social Security for Tennessee on
Q: How do I secure Health Insurance for my toddler child who has yet to receive a social security # or birth cert?

- She was a home birth

-I have a notarized affidavit of birth

- I have applied by mail for a social security card over 7 months ago with no response.

- I have gone to the TN hall of records to apply in person but they were unable to help me at the time with out a “well... View More

James L. Arrasmith
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answered on Aug 6, 2023

Consultation with a Tennessee attorney or local agency specializing in these matters would be advisable to understand the specific requirements and expedite the process given your child's immediate medical needs.

Sincerely,

James L. Arrasmith

Founder and Chief Legal...
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