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Michigan Health Care Law Questions & Answers
2 Answers | Asked in Health Care Law for Michigan on
Q: I transport for funeral homes. I am encountering nursing homes and Hospital facilities who force you to do covid tests

They take your personal information and DNA. They are not my primary physician, and you are given no assurance they are not going to sell or give that information to third party sources. I don't want the test, or the vaccine. What are my rights in this matter?

Brent T. Geers
Brent T. Geers answered on Apr 2, 2021

You are free to not comply. Of course, the hospital or nursing home could refuse you entrance, preventing you from doing your job. If you feel strongly about it, you should have a conversation with your employer to see if they can find a way to accommodate you while still getting the job done.... Read more »

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2 Answers | Asked in Health Care Law for Michigan on
Q: Is it against HIPPA law for a company to circulate names on a list for getting Covid-19 vaccines?

Company sent reminder e-mail to all employees for the up-coming COVID-19 vaccine clinic they are offering on-site. The link takes you to a listing of all names and times of those who signed up for it. What happened to medical privacy?

Brent T. Geers
Brent T. Geers answered on Mar 29, 2021

Poor practice on the company's part, maybe, but I don't see this rising to a HIPPA violation. What personal health information is being disclosed other than someone having signed up for a timeslot, and an inference that those persons will now be vaccinated? Your point is well taken that... Read more »

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1 Answer | Asked in Health Care Law for Michigan on
Q: Can my employer (a hospital) ask me if and when I got tested for covid? If yes, do I have to answer?

Can they access my medical records to find this information?

Michael Zamzow
Michael Zamzow answered on Mar 15, 2021

The Equal Employment Opportunity Commission recommends employers ask employees why they refuse to answer or cooperate, an employer like a hospital is probably equipped to discuss the subject with you. However, under the circumstances existing currently, the ADA allows an employer to bar an employee... Read more »

1 Answer | Asked in Health Care Law and Constitutional Law for Michigan on
Q: Can a county health department issue orders that citizens must abide by?
Michael Zamzow
Michael Zamzow answered on Mar 10, 2021

There are limits (not at all addressed below), but generally yes. Public health rule making is regarded as one of the Police Powers.

The US Constitution reserves the Police Powers to the states (Tenth Amendment), although limited by the supremacy clause (Article VI, paragraph 2, and not...
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2 Answers | Asked in Health Care Law, Libel & Slander and Personal Injury for Michigan on
Q: Reception at hospital loudly/publicly discussed my medical care, finances, my injury, payment history, and my looks.

They checked me in and I sat in the waiting room with others. They were commenting on how much I paid on my bill that day, how is the hospital would never see another penny, The fact that I was getting fake teeth (previous boating accident facial trauma) and that it wouldn't help anyway, how... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 3, 2021

A Michigan attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. You could continue to await a response, or you could consider reaching out to a local attorney to discuss, also looking into whether any state laws apply here. Good luck

Tim Akpinar

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1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Michigan on
Q: I live in Michigan. Can I have my aunt hold on to my prescription of norco for me since I think roommates steal them?
Brent T. Geers
Brent T. Geers answered on Feb 18, 2021

It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.

1 Answer | Asked in Health Care Law for Michigan on
Q: I have an adult patient who has his mother as a HIPAA person on his forms.Do we HAVE to speak with her?
Brent T. Geers
Brent T. Geers answered on Jan 14, 2021

Hopefully your place of employment has general counsel or some other mechanism for you to obtain legal advice about these sort of matters. You should communicate through the proper channels to get your answer to protect yourself.

Perhaps an overly simplistic answer, given without benefit of...
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1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Michigan on
Q: This summer I experienced a very serious health issue that required an ER visit to UMMC - Ann Arbor.

I did not consult my primary doctor as he does not take call and is not available to patients after office hours.. This occurred late at night - 11:30pm or later. During the consult with the ER Doc she was inputting info into the computer with her back turned. In checking her notes later I was... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 10, 2020

A Michigan attorney could advise best, but your question remains open for a week. As a starting point, reach out to an attorney. They will probably need to request your medical records, conduct an investigation, and assess options (including the possibility of going to court), if the hospital will... Read more »

1 Answer | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Will my ex be responsible for my child’s health care?

My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.

1 Answer | Asked in Health Care Law, Estate Planning, Real Estate Law and Probate for Michigan on
Q: Can my sister set up POA (for legal and medical) while she is hospitalized? She is still mentally competent.

My sister is in the hospital, for kidney disease and another life-threatening illness. She will remain there for another 7 weeks, after which she is expected to get a kidney transplant.  She is mentally competent--understands what the doctors tell her, has normal conversations with us and can... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 16, 2020

The short answer to your first questions is yes, if she is mentally competent she can sign powers of attorney no matter what the state of her physical health is.

The much better answer to all these questions is she should not be making these decisions without the involvement of a local...
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1 Answer | Asked in Health Care Law for Michigan on
Q: In Michigan can I record a nurse or doc discussing my parent care if I told he/she I was recording this conversation?

In Michigan how do I protect my parent from any wrong doing in a hospital when I'm not being allow to see parent or be with him due to COVID19 epidemic which my parent is (-) at moment?

In michigan how do I properly audio record any conversation legally over phone or in person?... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 31, 2020

In the current situation, health care facilities have great latitude to determine ways to best protect patients and staff. And in most cases, that starts with restricting visitors.

Is your parent able to communicate at the moment? If so, then it's them that would need to give or get...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Michigan on
Q: hello, 2 years ago after my surgery I was mistreated by a nurse at henry ford

had half of my left lung removed, so have a good size scar on left side. surgery went well. however it was the treatment I received in recovery that has my concern. I was treated horrible only way to describe it is as a dog. a day and a half after my surgery I was moved to a private room. a step... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2019

I believe I may have answered this question previously because the facility name seems familiar. My response was that although you suffered a painful and aggravating ordeal post-op, you mention that the surgery went well. Med mal cases are generally based on a breach of duty. As a practical matter,... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Health Care Law and Nursing Home Abuse for Michigan on
Q: I have been terminated from a long-term care facility over a false verbal abuse accusation.

My CNA license may or may not be revoked.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

I'm sorry that such a terrible thing happened to you. Obviously, you already know you need to consult with a Michigan employment attorney. When you speak with the attorney, ask about defamation issues presented by your situation. While libel-slander matters are often challenging because of... Read more »

1 Answer | Asked in Estate Planning, Health Care Law and Social Security for Michigan on
Q: If a person on SSI/medicaid wanted to go on a cruise, are they able to pay for their caretaker's ticket without penalty?

I'm physically disabled from brain cancer. I require a wheelchair, receive SSI/Medicaid and have a registered in-home caretaker from the state of Michigan. I would like to go on a cruise, but it would be necessary that my caretaker come along with me. Can I pay for their ticket and have it... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 26, 2019

The $10,000 inheritance is disqualifying income in the month of receipt. There is not much you can do about that. If you still have that money on hand on the first day of the following month, sitting in a regular ol' checking account, for example, it will be a countable asset and that will... Read more »

1 Answer | Asked in Health Care Law and Libel & Slander for Michigan on
Q: Can someone call your doctor and lie to them?

My doctor said someone called my doctors office. They didn’t leave a name or phone number. They told my doctor i was doing drugs. What do I do? They almost cost me my script.

Brent T. Geers
Brent T. Geers answered on Aug 20, 2019

I suppose it's evidenced by your question. Will a doctor act on advice from an anonymous person? Hopefully not.

I would imagine that your doctor asked you some questions about drug use. Which is appropriate, and could happen regardless of this anonymous call. Certainly,...
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1 Answer | Asked in Health Care Law for Michigan on
Q: can a hospital seize my savings for a hospital bill?

I had a seizure and woke up in the hospital the next day and now they say I owe over $25,000 dollars.

Tim Akpinar
Tim Akpinar answered on Jul 25, 2019

I hope you're okay as a result of your seizure. If this is a recent development, you should be able to take steps to avert action on your account. How you proceed is a personal decision, based on your finances, ability to negotiate, and other factors. One option you have is to contact the... Read more »

1 Answer | Asked in DUI / DWI, Civil Rights, Health Care Law and Medical Malpractice for Michigan on
Q: I have mental health problems, can i use medical marijuana while on probation?

I am on probation in michigan usa for a DUI, but i have SERIOUS mental health problems including insomnia, depression, adhd, anxiety, bi-polar. I was reccomended i get my medical marijuana card, can i do that while on probation?

Brent T. Geers
Brent T. Geers answered on Apr 23, 2019

You would first need to inquire with your probation officer, and then possibly have the judge's permission. Contrary to what many people believe, marijuana is not prescribed like a doctor may do for ordinary medication from a pharmacy. Because of that, judges don't have to allow you to... Read more »

1 Answer | Asked in Collections and Health Care Law for Michigan on
Q: I'm being sued for medical bills. Asked for reduced offer & monthly payments was told no. What can I do?

I sent a letter requesting a reduced settlement amount and monthly payments to settle the debt. I was told they would not do payments that it had to be one lump sum and I can't afford that. I've received the subpoena from the court and have no idea what to do to get this resolved as I... Read more »

Adam Alexander
Adam Alexander answered on Apr 10, 2019

You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.

Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer...
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1 Answer | Asked in Divorce, Family Law, Domestic Violence and Health Care Law for Michigan on
Q: My estranged husband dropped me from his health coverage while I am under a doctors care. Do I have any legal recourse?

I left the marriage due to domestic abuse and adultery. I snuck away with nothing but my clothes and car, while he was at work. I have been homeless since leaving the marriage but at least I am now safe. He makes a 6-figure income and is in a high-profile position for the City of Battle Creek. I... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 12, 2019

You will need to get about the business of filing for divorce quickly to fully resolve this issue. You may be entitled to free legal assistance considering your financial status and domestic violence allegations.

1 Answer | Asked in Health Care Law for Michigan on
Q: Hi, my mother came as a visitor and had a stoke and I paid medical bills and care,can I claim her medical expenses,no SS

She doesn’t have social security can I claim her medical expenses that I paid for her care and doctor visits and medicine

Brent T. Geers
Brent T. Geers answered on Oct 2, 2018

You need to seek advice from an accountant or other tax professional. Quite likely, the answer will be no.

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