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If my methadone clinic provides me with 30 days of take-home medication in unsealed bottles, which they failed to seal, and the only instruction I received is to keep them upright, could I be charged under the Controlled Substances Act or any other law if caught with these unsealed bottles?... View More
answered on Sep 11, 2025
If your methadone clinic provides you with take-home doses in unsealed bottles and you are following their instructions, it is unlikely that you would automatically face charges under the Controlled Substances Act just for possessing the unsealed medication. The law generally targets possession... View More
I own a small home health agency in New Mexico. Our employees are required to use an electronic verification system to clock in and out for compliance with Medicare and Medicaid state and federal regulations. Despite being informed about these requirements, employees often fail to clock in or out,... View More
answered on Sep 8, 2025
You can implement policies that require employees to accurately clock in and out using an electronic verification system, as long as any penalties do not violate federal or state labor laws. In New Mexico, you cannot deduct wages or fines from an employee’s pay for non-compliance in a way that... View More
I underwent orthopedic surgery in New Mexico and was surprised with a billing that seems to violate the NM statute 59A-16-21.3 NMSA 1978, as no cost estimate was provided beforehand. Despite multiple requests, the provider has ignored my demands for evidence that a cost estimate was given prior to... View More
answered on Jul 5, 2025
You should report the suspected surprise billing violation to the New Mexico Office of Superintendent of Insurance (OSI). This agency enforces healthcare billing laws, including protections under NMSA 1978, § 59A-16-21.3, which requires providers to furnish a good-faith cost estimate prior to... View More
I'm currently applying for a job in New Mexico, and during the onboarding paperwork, I've been asked to provide a list of medications I am currently taking, both prescription and non-prescription. Additionally, I need clarification on the legality of certain questions in a medical history... View More
answered on Jun 11, 2025
You're right to question those kinds of requests—they can feel invasive and may not be appropriate during the onboarding phase. Under federal law, including the Americans with Disabilities Act (ADA), employers are not allowed to ask for your current medications or full medical history unless... View More
Hi, I wanted to ask if f1 students are eligible for an advance premium tax credits (APTC) while purchasing health insurance from marketplace. I have been enrolled in such a plan for a year now and have now been made aware that I am ineligible for APTC. I assume I have to payback the tax credits I... View More
answered on Jan 16, 2025
Unfortunately, F-1 visa students are generally not eligible for Advance Premium Tax Credits (APTC) through the Health Insurance Marketplace, as these credits are limited to U.S. citizens and specific categories of lawfully present immigrants.
Since you received APTC while being ineligible,... View More
Are they reliable to get on stand and testify in a domestic violence case?
answered on Aug 28, 2023
People with mental illness can provide testimony in a domestic violence case, just like any other witness. However, the reliability of their testimony may be influenced by the nature and severity of their mental illness. Courts generally consider a variety of factors when evaluating the credibility... View More
My father had a feeding tube put in and they said there was no complications and they even signed release forms but not even 48 hrs later he died of internal bleeding. He had told the nurse that his stomach was hurting and nothing was done also he mentioned that they didn't know what was wrong... View More
answered on May 2, 2023
I am so sorry for your loss.
You should Consult with experienced attorneys. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. This sounds like it could be malpractice.
Took wife to lovelace ER was told she needed to be admitted.she was in hospital for 4 days. UnitedHealth says hospital is out of network will not pay claim
answered on Jun 19, 2022
A New Mexico attorney could advise best, but your question remains open for two weeks. You probably already attempted resolution or negotiation with them. When it comes to ER or ambulance services, some carriers will show more leniency. But if you are at an impasse, which could be the case from... View More
My gyno prescribed me way over 400 15mg Oxycodone and 10mg Hydrocodone a MONTH. Although the insurance refused to cover more than 1 Rx a month, the Dr. kept approving them to be filled and the pharmacy filled them. This continued for over a year. I became an addict because of this negligence and am... View More
answered on Mar 3, 2022
A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the impact this has had on your life. Regardless of jurisdiction, there is the inescapable problem that fourteen years have elapsed, aside from other issues. You can reach out to local law... View More
I am an SLP who works for a company based out of state but I live in Albuquerque and work for APS through them. In a covenants/provisions clause of my contract, I am not to work for APS for 12 months after my contract expires. I feel this is unreasonable since APS is the only public school in the... View More
answered on Apr 29, 2020
Non-competes, generally speaking, are enforceable. There are factors a court takes into account to determine if they are too restrictive and thus, unenforceable. This varies state to state. I would recommend reaching out to an employment lawyer in your state for a consultation.
Must a provider be a physician? Must a patient take daily dose on site, or are doses sent home? If I have concerns about a clinic, who do I report my concerns to?
answered on Oct 11, 2017
Generally, the New Mexico Department of Health regulates health care facilities.
I did a quick Google search and located the following information:
Rosemary Nowak
New Mexico Behavioral Health Services DivisionPO Box 2348
37 Plaza La Prensa PO Box
Santa Fe,... View More
Or any references to health care providers not billing third part health insurance providers in a timely manner?
answered on Aug 17, 2017
yes. There is a regulation. See TITLE 8 CHAPTER 302 PART 2 NMAC.
It may not apply to your situation. I am not aware of any court rulings on this provision of the Administrative Code. It is a little complicated. More information would be helpful. What type of services? Was their medicare,... View More
I am permanently disabled from a motorcycle vs. drunk driver in a van in 1986, where I received multiple serious injuries and came very close to death. Leg tore to shreds, vertical fracture of my pelvis (split in half), crushed hand, broken arm. I worked hard to recover and rehabilitate, all the... View More
answered on Mar 29, 2017
Short answer is no. Courts don't tell administrative agencies what to do, and it's within their discretion. However, if your problem is getting a rehab plan or similar going, you will want to contact a group that deals with pain like the cancer socieity for your state, etc.
The hosp confirmed MRSA on Feb 6. The dr didn't inform me until Feb. 18. My father has been changing my bandage 2 times a day, everyday. I feel this surgeon is at fault for not giving me the results for nearly 2 weeks.
answered on Nov 25, 2016
There are many factors in a medical malpractice lawsuit. One factor in particular would be that the negligence of the medical provider must be the cause of damages. In other words, just because there was a delay in notification of a medical condition, does not always translate to damages. If you... View More
We have Spanish speaking employees assist Spanish speaking patients with paper work and when they see a provider.
answered on Sep 17, 2015
No, not necessarily certified. But they should be fluent in Spanish as well as English.
Do we need to have a certified translator to speak or review forms to that individual?
answered on Sep 17, 2015
Instead of rights, do you perhaps mean liability exposure? Because yes, you are potentially asking for trouble if you are not sure that what you are saying in the foreign language is understood in the way you intend.
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