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Massachusetts Health Care Law Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on
Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing the... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Personal Injury, Health Care Law and Identity Theft for Massachusetts on
Q: I have been a victim of medical identity theft and need help to figure out what steps to take to correct this.

My health was used multiple times for ambulance rides, hospital and doctors visits. Now, I need help to rectify the damage done to my credit and medical records

Tim Akpinar
Tim Akpinar answered on May 16, 2019

Contact your health insurance carrier without delay to notify them of the security breach. If you receive bills for co-payments or other uncovered charges, contact the entities doing the billing (hospitals, physicians, ambulance services, etc.) and coordinate with your insurance carrier to... Read more »

1 Answer | Asked in Family Law and Health Care Law for Massachusetts on
Q: Hi, can I remove my ungrateful, estranged 18 year old son from my healthcare plan?

Son lives in a different state and does not communicate with me. Thank you so much!

Meghan L Howard
Meghan L Howard answered on Apr 4, 2019

It depends. If you have a divorce agreement or court order that states you shall keep him on your health insurance so long as he is eligible, you would not be able to remove him without court approval.

1 Answer | Asked in Health Care Law for Massachusetts on
Q: Am I responsible for the bill

My doctor ordered a cologuard test for me.

He knew what health insurance I had.

He did not inform me that the test was not covered by insurance.

The lab sent me a bill.

My insurance company said it was the lab’s responsibility to check that they took my insurance... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jan 14, 2018

Unfortunately, from what information you gave you would be responsible for the bill.

1 Answer | Asked in Employment Law, Business Law and Health Care Law for Massachusetts on
Q: can Massachusetts mandate certified nursing assistants?
John Espinosa
John Espinosa answered on Dec 4, 2017

If you are speaking of state requirements for CNAs, here is a starting point: https://www.mass.gov/service-details/nurse-aide-registry-program

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Massachusetts on
Q: I am on a quitclaim deed for my mothers house, does this mean I own the house. She is going onto long term care.

I do not want the nursing home going after the house.

Jonathan R. Roth
Jonathan R. Roth answered on Sep 26, 2017

I assume the title is as joint tenants. Until your mother dies you both own the home. The fact she temporarily is not living there does not mean you own the home. Assuming your title is as joint tenants, when your mother passes you record her death certificate and at that point the sole title to... Read more »

3 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Massachusetts on
Q: Is there a "healthcare P.O.A" to designate someone to make medical decisions for you, if you are intact/alert?

I am 98.5 yrs old, visually impaired, and wish to have my daughter, who is a clinician make all medical decisions for me. I have executed a health care proxy and durable P.O.A., but they only are activated if I am unconscious or not intact mentally.

Kenneth V Zichi
Kenneth V Zichi answered on Apr 26, 2017

MANY states require this be a 'springing' authority so that you have the 'final say' in any decision if you are capable of doing that. I'm not sure about MA but Michigan certainly does.

HOWEVER, if you are competent, you ALWAYS (in any state) have the option of bringing in someone you...
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1 Answer | Asked in Civil Rights and Health Care Law for Massachusetts on
Q: Can reasonable accommodation include religious setting for school tutoring
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

As in requiring a public school to set up a special church for you to study in? No, that would violate the Establishment Clause. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... Read more »

1 Answer | Asked in Education Law and Health Care Law for Massachusetts on
Q: Can a school release a students medical info without consent

School released educational and medical info of a student to an outside neurologist without parent or student consent

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 11, 2017

Was this release ordered by a court? Why did the release occur? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Health Care Law for Massachusetts on
Q: This relates to a bill for a medical service that in my opinion was fraudulent and incompetent.

Here is my situation:

• I came to an orthopedic doctor complaining of pain in the heel of my foot

• Doctor said: "This is plantar fasciitis. Go to physical therapy. If it does not help, see me again and I do the X-ray."

The visit lasted 2 minutes; the doctor did not... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 12, 2016

You can certainly file a complaint with the state's medical board. If you don't pay, the doctor might send your case to collections and damage your credit, so take that into consideration. You may have to do a lot of legal fighting in court to sort this out with the doctor's office and the... Read more »

1 Answer | Asked in Medical Malpractice and Health Care Law for Massachusetts on
Q: I am a pain patient with an exemplary personal record with my physicians. Due to a billing glitch he is not getting paid

By my insurance co. They claim his billing co screwed up, he is trying to blame my pcp. Either way he says he will discharge me if i dont get it fixed or pay it myself (ins co says i have zero liability) i do not want to go see another dr, massachusetts has been tough on pain patients recently and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 20, 2016

Contact the insurance commissioner. You can't force the doctor to see you. It's on you to resolve it. Insurance company is correct except that you have probably signed a paper with the doctor that says that you are ultimately responsible to pay.

Find out from the insurance what piece of...
Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Massachusetts on
Q: I have a question about a malpractice suit

He went to 195 canal st. malden,ma cambridge health alliance! He went there initially for anxiety and depression. He thought he was going to see a therapist, instead they gave him clonodine and gabapentin and they also wanted to give him serequal but he said he didnt want it. He wanted to see a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 25, 2016

The HIPAA violation is not insignificant but has no real remedy. The big question is did they take an adequate profile, did they schedule him for appropriate liver screenings on an appropriate time table, who prescirbed and under what conditions of information. I suggest you contact a member of the... Read more »

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