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Louisiana Health Care Law Questions & Answers
1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Q: I work for a home health Agency. that pays cash is it legal for her to not pay me over time an make me work 48hr straigh

She makes me work 48hrs without a break with a Alzhimers Patient, then go to a dying man that has maybe a week left knowing we are not able to sleep. I have been working for 2 and a half weeks with no day off. We work 12 hour shifts

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 25, 2024

In almost all cases, businesses must pay hourly employees overtime - time and a half - for hours worked over 40 in one workweek. This applies to home health agencies as well.

However, there are some exceptions. You should contact a local labor and employment attorney for more details... View More

2 Answers | Asked in Immigration Law and Health Care Law for Louisiana on
Q: Will my past medical history of gonnorhea 10 years ago affect my immigrant visa interview..

I just concluded my medicals and the doctor asked me if I ever had gonnorhea or syphilis I was truthful to him and said I had gonnorhea in the past but was treated and that was about 10 to 11 years ago. And now I’m having the worst feeling if it would affect my immigrant visa journey.. pls I need... View More

James L. Arrasmith
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answered on Jan 6, 2024

Your past medical history of gonorrhea, particularly since it was treated over a decade ago, is unlikely to negatively impact your immigrant visa interview. The primary concerns in medical evaluations for immigration purposes are current health conditions that might pose a public health threat, or... View More

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2 Answers | Asked in Immigration Law and Health Care Law for Louisiana on
Q: Will my past medical history of gonnorhea 10 years ago affect my immigrant visa interview..

I just concluded my medicals and the doctor asked me if I ever had gonnorhea or syphilis I was truthful to him and said I had gonnorhea in the past but was treated and that was about 10 to 11 years ago. And now I’m having the worst feeling if it would affect my immigrant visa journey.. pls I need... View More

Symantha Rhodes
Symantha Rhodes
answered on Jan 7, 2024

While a communicable disease such as gonorrhea can make a person inadmissible and ineligible for a visa, you stated that you had and treated it over 10 years ago. Therefore, it is very unlikely that your history of having gonorrhea 10 years ago will prevent you from obtaining an immigration visa.... View More

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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Criminal Law for Louisiana on
Q: Son with Autism jailed in Louisiana, untreated mental health and medical issues; civil rights concern.

My 21-year-old son, diagnosed with Autism at age 4 and recently with other mental health disorders, was arrested 5 months ago for resisting arrest with violence. A judge found him not competent to stand trial, yet he has been in jail over 4 months, including 3 weeks in solitary confinement, still... View More

James L. Arrasmith
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answered on Oct 10, 2025

I can only imagine how painful and frightening this must be for you — no parent should have to see their child suffer without care. Based on what you’ve described, your son’s rights may very well be violated. When someone has been found incompetent to stand trial, they should not remain in... View More

1 Answer | Asked in Consumer Law and Health Care Law for Louisiana on
Q: Can a doctor refuse to send a prescription to the patient's pharmacy of choice and mark up the medication in Louisiana?

I discovered that my doctor purchases the same medication from a pharmacy at a cost significantly lower than what he charges me. When I requested that he send my prescription to that pharmacy to purchase the medication directly for $425 instead of $750 from him, he refused, stating he couldn't... View More

James L. Arrasmith
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answered on Sep 29, 2025

In Louisiana, you generally have the right to choose your pharmacy, and a doctor is expected to provide a prescription that you can take wherever you prefer. A physician cannot legally force you to buy medication only through them if the drug can be dispensed by a licensed pharmacy. Refusing to... View More

1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Q: Employer failed to deduct health insurance premiums, asking for repayment. What are my legal options?

From April 1, 2025, to now, my employer did not deduct health insurance premiums from my paycheck. They claim it's my fault for not checking sooner and say I owe nearly $900. Initially, they wanted to deduct $100 per week on top of my regular premium to repay by the year's end. I was... View More

James L. Arrasmith
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answered on Sep 15, 2025

First, review your employment agreement, pay stubs, and any documentation regarding health insurance premiums. Confirm exactly what your employer was supposed to deduct and when, and keep a detailed record of the amounts you were actually charged and paid. This will help establish whether the error... View More

1 Answer | Asked in Personal Injury, Medical Malpractice and Health Care Law for Louisiana on
Q: Considering legal action against a mental health program for negligence leading to serious consequences.

I am considering suing a mental health program for negligence. On May 16th, during an appointment, my son expressed that he was not in a good mental state and on the verge of snapping. The program neglected to evaluate him or inform us of his condition, and he killed someone the next day, May 17th.... View More

James L. Arrasmith
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answered on Jun 13, 2025

I'm really sorry you and your family are facing such a painful situation. What you've described sounds deeply traumatic, and it's understandable to want answers and accountability. When a mental health provider fails to act on a clear warning sign, especially when the consequences... View More

1 Answer | Asked in Health Care Law and Public Benefits for Louisiana on
Q: What legal steps can I take for hospital admission with Medicaid?

I am having difficulty with frequent hospital visits due to bathroom-related issues. Despite having Medicaid, I am not receiving responses from medical care providers regarding my need for hospitalization. What legal steps can I take to ensure I get the necessary medical attention?

James L. Arrasmith
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answered on May 15, 2025

It’s frustrating and overwhelming when you’re dealing with serious health issues and feel like no one is listening. If you have Medicaid and are experiencing recurring medical problems that are not being addressed, you have the right to receive medically necessary care. The first step is to... View More

1 Answer | Asked in Estate Planning and Health Care Law for Louisiana on
Q: Concern about medical POA being challenged by mother-in-law in Louisiana.

I have been designated as the medical power of attorney for my wife, and we've completed her living will and medical POA, needing only notarization. Previously, my mother-in-law expressed intentions to disregard my wife's wishes about life support and threatened to commit her to a mental... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're dealing with this. Wanting to protect your wife’s medical wishes while facing opposition from a close family member is incredibly stressful. It’s clear you care deeply and just want to make sure her voice is respected, especially when she may not be able to... View More

1 Answer | Asked in Health Care Law, Libel & Slander, Family Law and Personal Injury for Louisiana on
Q: Can I take legal action against someone who accessed my medical records in Louisiana?

I recently discovered that my ex-wife illegally accessed my medical records at the hospital where she works, multiple times between 2023-2024, long after our divorce. The hospital confirmed this through an audit and is currently investigating for further breaches. I suspect she used this... View More

James L. Arrasmith
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answered on May 15, 2025

What you’re going through is a serious violation, and it’s understandable that you feel hurt, betrayed, and concerned. In Louisiana, unauthorized access to your medical records without consent — especially by someone who works at the hospital — is a clear breach of your privacy rights and a... View More

1 Answer | Asked in Health Care Law, Medical Malpractice, Social Security, Personal Injury and Public Benefits for Louisiana on
Q: What legal options ensure medical treatment and confidentiality for misdiagnosis and HIPAA violation?

I've been diagnosed with sickle cell anemia, cirrhosis of the liver, CNS deterioration, and moderate brain damage, yet I have not received adequate medical treatment. My previous doctor violated HIPAA by sending my information to Raceland Mental Health, leading them to contact me with false... View More

James L. Arrasmith
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answered on Apr 27, 2025

Looking at your concerning situation, you have multiple legal options to address both the HIPAA violation and medical negligence issues. You can file a complaint with the Department of Health and Human Services' Office for Civil Rights (OCR) regarding the HIPAA violation within 180 days of... View More

1 Answer | Asked in Health Care Law and Consumer Law for Louisiana on
Q: Why am I charged a membership fee when my visits are state-funded?

I am receiving state-funded medical services at Infinite Health Doctor and Pain Doctor. However, I am still being charged an $80 membership fee each month. I've learned that other patients are also paying this fee. I have not contacted the state department about my coverage or the fee yet. Why... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like the membership fee you're being charged might be for additional services that are not covered by your state-funded plan. Some medical practices charge membership fees to cover administrative costs, enhanced services, or other benefits that are outside the scope of what the... View More

1 Answer | Asked in Health Care Law and Consumer Law for Louisiana on
Q: Pharmacy refusal to fill prescribed ivermectin for child

I took my 8-year-old son to our family doctor, who diagnosed him with a virus and prescribed ivermectin, which I requested based on my belief in its effectiveness. However, when I went to Walgreens to fill the prescription, the pharmacy refused to fill it, claiming my doctor had canceled it, which... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds frustrating to be in this situation, especially when you’ve already confirmed with your doctor that the prescription is valid. Since Walgreens has refused to fill the prescription without a clear reason, the first step is to ask for clarification in writing. Request that they explain... View More

1 Answer | Asked in Health Care Law, Social Security and Public Benefits for Louisiana on
Q: Issue with Medicare premiums and Social Security reimbursement

I recently discovered that Medicaid has been paying my Medicare premiums under SLMB for years without my knowledge. A Medicaid representative mentioned I might be entitled to a large reimbursement. However, he noted that Social Security might only reimburse me back to when the switch from SLMB to... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation regarding Medicare premium payments and potential reimbursement presents several complex legal considerations that merit thorough investigation. The discrepancy between Medicaid's payment of your Medicare premiums under the Specified Low-Income Medicare Beneficiary (SLMB)... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: Blue Cross Blue Shield has been sending me someone else's mail for years. I told them to stop. Can I sue?

After years of dropping it in the slot marked "mail that's not yours," I finally called them to report it. I answered questions over the phone. They sent me a document, which I signed and returned stating I don't have any of the documents and haven't opened them. Also I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Louisiana attorney could advise best, but your question remains open for a week. It doesn't sound like a case, for practical purposes. What damages did you suffer? This is only an individual opinion. Different attorneys could see the same matter differently. You could reach out to local... View More

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Public Benefits for Louisiana on
Q: What kind of lawyer do I need to sue a state health agencies for retaliation?

The state agencies responsible for oversight and administration of the medicaid waiver my son receives refuse to allow me to chose a different freedom of choice provider, have come up with different ways to block my son from receiving any services, and even made a false report to CPS about me after... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2023

A Louisiana attorney could advise best, but your question remains open for a week. A starting point could be to check with attorneys who deal with health insurance matters. They should be able to advise more definitively "yes" or "no" whether they handle something of this nature... View More

1 Answer | Asked in Health Care Law for Louisiana on
Q: Who can pronounce death in Missippi if the patient is in a hospital?

The patient was on a Psychiatric unit in a Long-term Acute Care Hospital

T. Augustus Claus
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answered on Sep 14, 2023

In Mississippi, licensed physicians are usually responsible for pronouncing a patient's death, even if the patient is in a psychiatric unit or a long-term acute care hospital. Healthcare professionals like nurses and physician assistants may assist in the process, but the official... View More

1 Answer | Asked in Health Care Law and Workers' Compensation for Louisiana on
Q: While working in a hospital, I got sick with Legionnaires disease. Is there a liability although no outbreak?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. It sounds like this occurred in the course of your employment, so it is different from ordinary personal injury cases that require the element of liability. Reach out to workers compensation attorneys in your... View More

1 Answer | Asked in Health Care Law for Louisiana on
Q: I have gotten a letter in the mail stating if I don’t pay my full balance of $907.29 I will be sued.

I had gotten a procedure done in 2019. I was paying on it until I couldn’t afford to anymore. My procedure was also infected and I had to go in for another to get it all cleaned out. I am not happy with any part of the procedure. I still have problems with my foot now.

Tim Akpinar
Tim Akpinar
answered on May 31, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to attorneys to try to arrange a free initial consult to discuss the file for your procedure. Good luck

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Louisiana on
Q: Can a doctor refuse to order routine blood test if you have concerns and ask them to run them ?
Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

A Louisiana attorney could advise best, but your question remains open for four weeks. Additional information is needed. It could depend on the basis for the doctor's position, the patient's concerns, the carrier's coverage, and other possible factors. Good luck

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