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Nevada Health Care Law Questions & Answers
2 Answers | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Do I have a reason to sue healthcare provider?

During an MRI today I noticed my wedding ring was still on as I was sliding into machine. I waved my hands to stop it so I could remove it. The MRI tech said I’d be fine and didn’t allow me to take it off. The MRI came out blurred because he said I was moving. I was not moving at all. Turns out... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2024

A Nevada attorney could advise best, but your question remains open for two weeks. It could depend what the damages were. I do not believe a several week delay in knee surgery would typically be a source of damages - that's an individual opinion - other attorneys could see things differently.... View More

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1 Answer | Asked in Consumer Law and Health Care Law for Nevada on
Q: My orthodontist sold her practice and the new dentist inherited my daughter as her patient but refuses to finish the job

The new dentist's assistant saw her a few times. When we asked for the further treatment, the assistant said because the new dentist doesn't use Sure Smile, she cannot further assist. However, the retainer is already included and can be ordered for us if we decide to finish the... View More

James L. Arrasmith
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answered on Apr 2, 2024

In this situation, you may need to consult with a lawyer who specializes in consumer protection or contract law. This type of lawyer can help you understand your rights as a consumer and determine if the new dentist has breached any contractual obligations or engaged in unfair business practices.... View More

1 Answer | Asked in Health Care Law for Nevada on
Q: my Wife is in Renown Hospital. I complained because filthy now they are retaliating who can i call i filed complaint.

with the State today because they are threating to send her home where i dont have the means to take care her... she has liver failure and is most likely going to die i dont know what to do.... im waiting for some calls back from the hospital im at my witts end I beleive this is retaliation for... View More

James L. Arrasmith
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answered on Jan 10, 2024

I'm really sorry to hear about your difficult situation. It's essential to prioritize your wife's health and well-being during this challenging time. If you believe that your complaint has led to retaliation from the hospital, you may want to consider taking the following steps:... View More

1 Answer | Asked in Tax Law, Internet Law and Health Care Law for Nevada on
Q: Can you advise on what the tax implications might be when providing telehealth across state lines?

I'm a psychologist, in private practice, licensed in CA and Nevada, practice is in NV, want to provide telehealth in CA. Would income earned from a CA resident or a CA company (insurance) result in my paying taxes? If yes, would CA tax me on my entire NV earnings since CA des not have state... View More

James L. Arrasmith
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answered on Dec 25, 2023

When providing telehealth services across state lines, like from Nevada to California, you may face unique tax implications. If you earn income from California residents or companies, California may require you to pay taxes on that income. This is because states generally tax income earned within... View More

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Civil Litigation for Nevada on
Q: How can I prove no treatment plan existed during my care and that submitted plans may be fabricated?

I was a client of a licensed therapist in Nevada who did not develop or review a treatment plan during my sessions. The unstructured sessions lacked clinical goals, measurable objectives, or a DSM-5 diagnosis. I filed a complaint with the Nevada State Board for ethical violations, including... View More

James L. Arrasmith
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answered on Oct 20, 2025

Start by locking down the evidence: send a written preservation notice to the therapist and any EHR vendor instructing them to retain the entire electronic chart, drafts, audit logs, access logs, scheduling data, billing files, and communications.

Immediately request your full HIPAA...
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1 Answer | Asked in Health Care Law for Nevada on
Q: Will Boy Scouts settlement payments affect my Medicare benefits?

I am currently receiving payments from the Boy Scouts Abuse Case as part of a settlement. These are structured payments, and I am on Medicare. I am concerned whether these payments could impact my Medicare benefits. I haven't received any communication from Medicare regarding any changes to my... View More

James L. Arrasmith
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answered on Oct 17, 2025

Your core Medicare coverage does not turn on your assets or a civil settlement, so receiving structured payments from the Boy Scouts case will not stop or reduce your entitlement to Parts A and B. Medicare eligibility is not means‑tested.

Money can matter for premiums: Social Security may...
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1 Answer | Asked in Health Care Law, Libel & Slander and Personal Injury for Nevada on
Q: Legal steps for a HIPAA violation in a Google review response.

I posted a Google review about a practice without detailing my visit. In their response, they disclosed private details of my visit, using the phrase "in your visit," which were known only to the practice and myself. This response was made yesterday. I'm seeking legal advice on steps... View More

James L. Arrasmith
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answered on Oct 7, 2025

It’s understandable to feel violated and upset after a medical provider publicly disclosed private information about your visit. Under **HIPAA (Health Insurance Portability and Accountability Act)**, healthcare providers are strictly prohibited from revealing any information that could identify... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for Nevada on
Q: Employer refusing to provide fit-for-duty evaluation results in Nevada, is it required by law?

I am having trouble obtaining a copy of my fit-for-duty evaluation results from my former employer and the psychologist who performed the evaluation. My employer provided no reason for the refusal, and there isn't a company policy addressing access to such records. I did sign an agreement... View More

James L. Arrasmith
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answered on Sep 30, 2025

In Nevada, state law generally gives patients the right to access their own medical records, and that includes psychological evaluations. Under NRS 629.061, providers are required to make health care records available to the patient upon request, with limited exceptions. Even though you signed a... View More

1 Answer | Asked in Landlord - Tenant, Health Care Law and Real Estate Law for Nevada on
Q: Can we break a lease due to Alzheimer's diagnosis without penalties?

I'm seeking guidance on behalf of my family regarding a lease agreement. My mom, who is on the lease, has been diagnosed with Alzheimer's and requires full-time care in a one-story home. My nephew and niece, who currently live with her and are also on the lease, need to find alternative... View More

James L. Arrasmith
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answered on Aug 28, 2025

Most standard leases do not automatically allow termination without penalties simply because of a medical diagnosis, even one as serious as Alzheimer’s. Unless the lease itself contains a medical release clause, your mom, nephew, and niece are still legally responsible for rent until the end of... View More

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Nevada on
Q: Deadline for Nevada statute 439.589 for small medical clinics?

I work for a private medical clinic in Nevada with four physician partners who run individual practices and six additional employees. I'm trying to determine the applicable deadline for our clinic under Nevada statute 439.589. The statute outlines different deadlines: 7/1/24 for hospitals or... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on the structure of your clinic, it sounds like you fall under the category of "physician group practices with 20 or fewer employees" as well as "small healthcare businesses." According to Nevada statute 439.589, the deadline for such entities is 7/1/2030.

This...
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1 Answer | Asked in Employment Law and Health Care Law for Nevada on
Q: Suspended for no call/no show due to health condition, no response from employer

I was recently suspended from my job at an independently owned bar after a no call/no show due to intense pain from an immune deficiency disease. This was my first attendance issue, and I've provided my manager and owner with a letter from my doctor explaining my condition. My manager has not... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re in a tough situation, especially with the lack of communication and policies at your workplace. First, make sure you have everything documented, including the doctor’s note and any communication you've had with your employer. Since it’s been two weeks without any... View More

1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Military Law for Nevada on
Q: Sunrise Hospital held my son under false accusations without sufficient evidence and procedures were not done properly.

My Son has had Peanut Allergies all of his life. We are a Military Family, and yes we did have Military personnel show up to help us fight the hospital on releasing my son who was perfectly health, and never showed signs of Immediate attention, nor Deadly needs. He was treated at a ER clinic, then... View More

James L. Arrasmith
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answered on Dec 23, 2024

This situation sounds incredibly distressing for both you and your son. Dealing with medical institutions can be overwhelming, particularly when you feel your parental rights and judgment are being questioned without proper cause.

Your military background suggests you're well-versed in...
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1 Answer | Asked in Health Care Law for Nevada on
Q: If I purchase a health ins. Policy on 8/5/24 & cxld it next day. Am i entitled to a refund?
Jennifer Setters
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answered on Aug 12, 2024

Whether you're entitled to a refund after canceling a health insurance policy depends on several factors, including the specific terms and conditions of the policy, as well as any state laws that may apply.

Generally, many health insurance policies offer a "free look" period,...
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1 Answer | Asked in Health Care Law for Nevada on
Q: Hi. I was wondering if it is considered medical negligence for a doctor not to go over imaging results that they ordered

I went to another facility to have an MRI done. They uploaded the results to me. I don't understand what I'm reading and my doctor has not contacted me about them. It's been 2 weeks. He didn't want to order the study in the first place but I felt something was off.

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2023

A Nevada attorney could advise best, but your question remains open for two weeks. It could be that the doctor is busy. In terms of the reports, some of them contain imaging parameters that no one other than the tech really understands, in terms of things like pulse sequences, etc. But it would be... View More

2 Answers | Asked in Health Care Law for Nevada on
Q: Medical insur claim: She we be worried and take some kind of action? Or just wait and see what happens?

My wife had thyroid surgery Aug 2022. The surgery was pre-authorized by insur for overnight, 23 hours. The hospital dragged their feet releasing my wife so the 23 hours was exceeded. Insur co denied the claim for exceeding 23 hours. We’ve never rec’d any correspondence from the hospital and... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2023

A Nevada attorney could advise best, but your question remains open for two weeks. Based on the brief description, one can only make some general guesses. One might be that the insurance company took a more lenient stance on the twenty-three-hour issue. Another is that they might choose to take... View More

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2 Answers | Asked in Health Care Law for Nevada on
Q: I seen a IME doctor bye request of my insurance company and three weeks after they want me to provide X-rays do I haveto

After I completed the exam three weeks later the insurance company want me to sign another release form for X-ray results

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2023

IME notices generally contain a request to bring X-rays to the exam. But in many instances, the examining doctor realizes the patient doesn't have them in their possession during the early stages of treatment when the first IME is often scheduled. It could depend on the protocols of the... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Why can't I or my current dentist get my dental records without a lawyer?

Dr. Navales, Absolute Dental, incorrectly implanted posts to hold a clip-on denture. Broken posts and extreme pain have been the result. I am currently spending another $10,000 for dental work in another office to be able to have a clip-on denture without constant post breakage and pain. I was... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 7, 2022

The California Dental Association has a publication on obtaining your records:

https://www.cda.org/Portals/0/pdfs/fact_sheets/patient_records_english.pdf

Make sure the request is put in writing.

Standard Notices:

NOTICE DEADLINES: There are strict time deadlines...
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1 Answer | Asked in Contracts, Personal Injury, Education Law and Health Care Law for Nevada on
Q: What are my options for if I’m injured at school?

I’m in medical assistant school and one of the other students gave me possible nerve damage at some point during a vein puncture or injection. I went to the doctor after alerting my teacher and the doctor told me my symptoms sounded like nerve damage and to see a specialist if I don’t see... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2021

A Nevada attorney could advise best, but your question remains open for a week. You ask about your options. A starting point could be to try to arrange a consult with an attorney. Most law firms that handle injury cases offer free initial consults. Whether or not an attorney identifies the basis... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Can my dentist bill me for amount insurance is claiming not covered after I signed a comp. screen agreeing to a price

I signed an I pad agreeing to pay a certain amount and now I have received a bill in the mail 6 months later for $400 they are claiming the insurance didn't cover. Do I have any legal ground to refuse to pay and how do I go forward?

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2019

I would have liked to offer a more unequivocal "yes" or "no" response here, but it is difficult to offer a definite answer without knowing the full terms of any agreements or paperwork/screens you signed, and the nature of the denial. Terms and conditions imposed by the... View More

1 Answer | Asked in Health Care Law for Nevada on
Q: Medical provider gave Personal Health Info to at fault party insurer. Does this violate patient privilege in Nevada ?

Following a car accident our health care provider released all of our family's medical records, including 3rd party medical records /3 people/ to the at fault party's insurance company. accident was december 2016/ potential hipaa violation / privilege violation was less than 90 days ago

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Mar 1, 2018

Yes, if there was an over broad production that didn't involve anyone in the accident and/or protected info. You can report the provider to the Medical Board and pursue a HIPAA violation claim but those are very difficult cases. Good luck!

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