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Wisconsin Health Care Law Questions & Answers
1 Answer | Asked in Civil Rights and Health Care Law for Wisconsin on
Q: Does an outpatient county mobile crisis counselor need to give HIPAA and ADA notices prior to services beginning?

If a person is admitted to an IMD under the emergency DHS chapter 34 - emergency rule, the State of Wisconsin makes an exception for the IMD or hospital to hold off giving patient their rights until a patient is stable. Under the DHS 34, inpatient rights can be delayed and provided or given at a... View More

James L. Arrasmith
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answered on Nov 24, 2023

In Wisconsin, HIPAA (Health Insurance Portability and Accountability Act) and ADA (Americans with Disabilities Act) requirements apply to outpatient services, including mobile crisis counseling. Generally, these regulations mandate that providers inform patients of their rights under HIPAA and the... View More

1 Answer | Asked in Health Care Law for Wisconsin on
Q: 14 year old intellectually disabled child on chapter 51 hold. what are my rights as a parent?
T. Augustus Claus
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answered on Oct 17, 2023

As a parent of a 14-year-old intellectually disabled child on a Chapter 51 hold in Wisconsin, you have the following rights:

Right to information

Right to representation

Right to a translator

Right to participate in hearings

For personalized legal advice...
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1 Answer | Asked in Consumer Law and Health Care Law for Wisconsin on
Q: can walgreens legally sell a skin cream lotion that contains enough thc to cause a positive drug test ? milwaukee wi
John Michael Frick
John Michael Frick
answered on Mar 21, 2023

Yes, Walgreens can sell skin lotion that contains THC.

It is widely believed that topical skin creams containing THC will not cause a positive drug test for many very good reasons but there is no definitive research on this issue.

People who are about to undergo a drug screen for...
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1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: what type of attorney do i need to go after employer and employer insurance company? this is not a workman comp. case.

had to have major back surgery, was already on fmla. employer had me on short term, which wasn't consistant, then turned to long term, once turned to long term, they sent me threw wrong insurance company for 3 months, then finally got the right insurance company. it took over 5 months to even... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2022

A Wisconsin attorney could advise best, but your question remains open for three weeks. It looks like you may have at least two issues to sort out here, aside from the disability claim for which you already have an attorney. Employment attorneys would know about FMLA matters. As for the MRIs and... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Wisconsin on
Q: Can I sue a hospital for giving me pitocin during birth without my knowledge?
Tim Akpinar
Tim Akpinar
answered on Feb 3, 2022

A Wisconsin attorney could advise best, but your question remains open for four weeks. Until you are able to arrange a meaningful consult with a local attorney in your state, it's possible there could be a broad range of authority granted to the hospital and its associated medical providers in... View More

1 Answer | Asked in Health Care Law for Wisconsin on
Q: My previous primary Dr never informed me about two major health issues three years ago. However, the information was in

my online health account which I didn't read. Nothing was mentioned by her about these issues at a follow up visit after a surgery for something else either. Should she have discussed this with me, or was it my responsibility to read my health account, and contact her?

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2021

A Wisconsin attorney could advise best, but your post remains open for two weeks. She should have discussed the issues with you, and at the same time, you should have read your records as well if you had access to the information in the health account. Naturally, it also depends on the criticality... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Wisconsin on
Q: I'm being billed for two health insurance premiums for the same month coverage. They claim i didn't call to cancel 1.

It's with the same company and it clearly shows the have me enrolled in two plans. One should have stopped when the other started and they are saying it's my fault for not cancelling the first plan when the second started. No claims have been made on either plan. TO me this seems... View More

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2020

A Wisconsin attorney would be able to advise best on this, as insurance practices are governed by state laws. But your post remains open for four weeks. You raise a valid point. However, pushing that issue in court could be costly in terms of time and resources. One option might be to try to... View More

1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: I was wrongful terminated on 6/27/19I've work in the same place 8yrs is it to late to look into doing something about it

Never had any issues or disciplinary actions. One week before I was told how amazing I am for creating job for the handicap then next week I get fired for creating a hostel work environment I'm still completely crushed

Carrie Dyer
Carrie Dyer
answered on Jan 14, 2020

The statute of limitations to bring an action depends on the legal claim. You should first consult a Wisconsin employment attorney about your situation to determine whether you have a legal claim. If you do, your attorney can help you determine how much time you have left to bring a claim.

1 Answer | Asked in Health Care Law, Wrongful Death and Medical Malpractice for Wisconsin on
Q: What are some questions when meeting with the hospital after a wrongful death?

So my daughter had passed away due to the hospital being wrong about her size she was over 11lbs and they didn't do a c-section if they had she wouldnt have got stuck and would still be here. They stated over and over just in case they have the room preped for a c-section and didn't. We... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

Listen, don't say much except "we're processing."

Take notes.Ask for records if they talk about what happened.

Contact a member of the Wisconsin Assn for Justice who handles medical cases--they give free consults.

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Wisconsin on
Q: If electronic health care record errors caused me severe permanent injuries and monetary damages what do I do?

The electronic health record caused me over 7 figures in economic damages and permanent injuries as the miscoding and missing information caused me damages in a personal injury suit as the errors represented a chronic history that did not exist except in the epic lucy records which were used by... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

Unlikely, but speak to whoever was representing you in the malpractice case.

1 Answer | Asked in Consumer Law and Health Care Law for Wisconsin on
Q: My son (age 17) was committed to a mental health against our will, am I responsible for these bills?

We did not agree to have him committed and I told the officer my insurance does not cover mental health, but they took him anyway, now we have $4500 in bills for a two day stay. We did not sign any permission slips of any kind.

Peter N. Munsing
Peter N. Munsing
answered on Sep 23, 2016

It's an emergency hospitalization and most insurance would cover that even if labeled mental health. If it doesn't it may violate the ACA. Make sure hospital submits. If son is diabled due to MH he may be eligible for Medical Assistance.

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