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Maryland Health Care Law Questions & Answers
1 Answer | Asked in Family Law, Elder Law and Health Care Law for Maryland on
Q: I'm being accused of elderly abuse of my mother, only because I will no send thousands of dollars out for free. What now

He husband passed Oct 16, 2021 Now he's gone, I'm the bad one because I won't send 20,000 dollars immediately after his passing

Mark Oakley
Mark Oakley answered on Nov 4, 2021

If you are being charged with a crime by the police or prosecuting authorities of the state, hire a criminal defense lawyer. If some family member or other person is just accusing you of elder abuse but is not an authorized representative of the State or local government having authority over... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Can someone else’s dentist ask if I have an autoimmune disease
Mark Oakley
Mark Oakley answered on May 27, 2021

Absolutely they can ask. And you have the absolute right not to answer.

1 Answer | Asked in Contracts, Civil Litigation, Collections and Health Care Law for Maryland on
Q: I'm being sued by a doctor who did my surgery 3 years ago.

Three years ago I had my gallbladder removed. At the time I had only recently been approved for Medicaid, but didn't have an insurance card or anything like that. A couple of weeks later I got my insurance card in the mail. So, I brought it into the hospital and explained to them how I had not... Read more »

Mark Oakley
Mark Oakley answered on May 23, 2021

You have two issues: (1) whether you were covered by Medicaid at the time of the surgery, and if so, whether you provided your Medicaid information and met the conditions of coverage--and the doctor submitted their request for payment--within the time frames required; and (2) whether the doctor... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Define a satellite organization. What if the satellite organization is an ERISA plan.

I am a healthcare provider treating Medicaid patients. I have 2000 employees and file 5500s. One of our subsidiaries has been in state plan and we can save money by putting all our employees in the state plan. Can we?

Mark Oakley
Mark Oakley answered on Mar 31, 2021

You really need to find a lawyer who practices healthcare and insurance law, and not be asking such questions that affect a business and employee base this large as yours on a question-and-answer board. I imagine there are far more information and details that need to be looked into before you can... Read more »

1 Answer | Asked in Business Law and Health Care Law for Maryland on
Q: Can I be held liable for a dental bill when correct amounts were not initially disclosed or signed for?

My dentist office continuously provided procedures under the pretense that they would be covered by my insurance. I have now discovered that I hit my spending limit, despite asking the office multiple times if I was coming up on it. They are now holding me accountable for out of pocket costs that I... Read more »

Mark Oakley
Mark Oakley answered on Mar 30, 2021

Unless you can show a knowing and intentional act on the part of the dental office to fraudulently trick you into dental services they knew were not covered by your insurance plan, and you clearly and unequivocally communicated to them that you would only accept the procedures if they confirmed... Read more »

2 Answers | Asked in Divorce, Family Law and Health Care Law for Maryland on
Q: I am disabled, going through a divorce. Is it possible to stay on my wife's health insurance after divorce?

I am currently separated and am looking for legal advice concerning my divorce. I am disabled, so my main concern is healthcare insurance. I am qualified for Medicare, but because I am only 52 the premiums for supplemental are extremely high. Because of my illness (Multiple Sclerosis) I see my... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jan 15, 2021

Unfortunately, you will not be able to stay on your spouse's insurance after an absolute divorce. However, you would be able to retain your insurance under a limited divorce. Hope that helps. Good luck!!

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1 Answer | Asked in Health Care Law and Personal Injury for Maryland on
Q: My grandma lives in an elderly care facility and she falls at least twice a year. Can we sue for negligence?

Her most recent fall was yesterday. She's had other falls that she's need stitches for as well.

John Mesirow
John Mesirow answered on Nov 23, 2020

You would have to provide a lot more information for a personal injury lawyer to be able to make even a preliminary determination. The hard truth is that elderly people fall frequently, without anyone being negligent. There are lawyers who handle a lot of nursing home negligence cases (I'm not... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Are the statue of limitations gone for holding the hospital doctors liable for my moms death 2006 she was allowed to fal

The wing she was on was closed right after her fall she began bleeding internally and died lawyer told me no one would win against HCA corporation here in Tennesse

Mark Oakley
Mark Oakley answered on Sep 14, 2020

You are asking a statute of limitations question regarding Tennessee law, so you need to ask this for a Tennessee lawyer to respond to and not a Maryland lawyer. That said, most statutes of limitations are measured in a single digit number of years, on the lower end of the number scale (2-3 years,... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: What is the definition of “ insurance policies that are issued or delivered in the State”?

Regarding Maryland Insurance Article Section 15-810, "Benefits for In Vitro Fertilization.” Specifically, if I live and work in MD, would my insurance (BCBS federal) be considered to be issued/delivered in the state?

Mark Oakley
Mark Oakley answered on Jun 18, 2020

Probably, yes, but that's not the end of the inquiry. Whether federal laws override state laws regarding specific insurance plans offered under an employer-employee plan is another question altogether. There are federal agency health insurance plans, and there are private plans issued under... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: If I leave work due to unsafe conditions due to Corvid-19 and have a family member who has cancer, Am I eligible?

My employer doesn't take good percoution to keep our employees safe from Corvid-19 and I'm living with someone who is high risk if I get sick from Covid-19 and I wish to quit because of it. The condition of the essential store I work in hasn't been safe to begin with and has effected... Read more »

Joseph D. Allen
Joseph D. Allen answered on Apr 8, 2020

In normal times, in order to voluntarily resign employment and be eligible for unemployment benefits under Maryland law, an employee has to show the resignation was either: 1. for a "good cause" or, 2. resulting from a detrimental "valid" [change of] work circumstances. So now... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: I have blater cancer and had one surgery last year. I filed last year and i was denied.

What do I do from here.

Tim Akpinar
Tim Akpinar answered on Jul 26, 2019

It isn't fully clear what happened here. If by denied, you mean you had a case that was dismissed in court, a starting point could be to show the file to an attorney to review what happened. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Q: Does a doctor break any laws dating a former patient?

Is there any legally required wait period?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 27, 2018

As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Maryland on
Q: Informed a specific lab test was unavailable after I was already obligated to pay. Discrimination? What are my options?

After I registered at a lab for several blood tests, I was told that they could do all tests except for the Sickle Cell screening. I already registered before they told me that, meaning I was already obligated to pay them. One of my issues is that, by offering all other tests except the Sickle Cell... Read more »

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Mar 30, 2018

I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Maryland on
Q: I'm currently on comp would I need another lawyer to sue the employer for the severely sunken in scar on my foot due to

3 operations would it be a malpractice against the doctor or pain and suffering against my employer. Comp is also refusing to treat me with any meds that work . Refusing pain management . My lawyer said he can't answer these questions due to he only handles the comp side of things . Please... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Mar 13, 2018

You can't sue your employer. You may have a valid claim for malpractice, but only if another doctor is willing to state under oath that an act of medical negligence occurred. You should ask your current lawyer for a referral to a medical malpractice attorney.

1 Answer | Asked in Health Care Law and Estate Planning for Maryland on
Q: Can a health care power of attorney be used if the person is not incapacitated?

I am mentally ill and I am worried that someday I might seem to others capable of managing my medical care when I'm really not able. Is there a document where my husband can override me and coordinate my care when he knows I'm not capable but there's no time to prove it?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 5, 2018

A health care power of attorney specifies when it comes into effect. While customarily people retain full power to make decisions until they lack the ability to do so, an advance directive and durable health care power of attorney can kick into effect whenever the planner dictates.

1 Answer | Asked in Health Care Law for Maryland on
Q: How can I ensure that I'm getting the proper medical care?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 29, 2018

You may wish to re-post with a clearer legal component to the question. Patients are free to seek a second opinion from another medical provider if they have questions about any care offered by current providers.

1 Answer | Asked in Civil Litigation, Small Claims, Family Law and Health Care Law for Maryland on
Q: friends dad found out she is on birth control and hes going to tell her boyfriends parents. is this legal (privacy law)?

her parents are divorced and her mom got her the prescription without her dads knowing, her dads new wife found the pills and told her dad. her dad is threatening to tell her boyfriends parents because he wants them to know their son is sexually active. her mom has told him not to do this. if he... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 12, 2018

Unless the concerned parent is a medical professional who learned the news in a professional capacity, talking with the parents of a child's boyfriend/girlfriend would not seem to violate any known privacy laws.

1 Answer | Asked in Estate Planning, Health Care Law and Probate for Maryland on
Q: How to transfer durable power of attorney for health care in Maryland?

What is the process to transfer POA from current agent to an alternate agent (also listed in POA document) if the principal is incapacitated?

Richard Sternberg
Richard Sternberg answered on Dec 26, 2017

If the substitute is naked in the PoA and the document allows it, you are already done. If not, simply re-execute the document while the grantor is competent. If it is more complicated than that, you need to consult with a lawyer. Of course, there is no law requiring others to accept the PoA, so,... Read more »

2 Answers | Asked in Health Care Law and Medical Malpractice for Maryland on
Q: I would like to know if I medical malpractice lawsuit against alpha health center,located in Elkton MD.

I was recieving treatment for substance abuse issues during the summer of 2015,I was prescribed buprenorphine from DR azfeld,I was transfered to DR keith sololov due to sceduling conflicts. I saw dr sokolov only one time,on my next visit I was terminated from treatment with no just cause,they said... Read more »

Paul D'Amore
Paul D'Amore answered on Jan 13, 2017

With regard to your medical records, Maryland health care providers are required to disclose medical records within a reasonable time, but no more than 21 working days after the date a person in interest requests the disclosure. A health care provider that knowingly and willfully refuses to... Read more »

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1 Answer | Asked in Consumer Law and Health Care Law for Maryland on
Q: am I still liable for cancellation fees even know I have a doctors medical note stating I cant use a providers services?
Peter N. Munsing
Peter N. Munsing answered on Sep 22, 2016

Depends on when you canceled. Another argument to make is that the doctor is busy so was able to use that time.

Each doctor has their own cancellation schedule. Some are 24 hour notice, some 72. If you were outside those times, shouldn't be an issue.

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