New York Health Care Law Questions & Answers

Q: Does a health care proxy have any legal power after the death of the patient?

1 Answer | Asked in Contracts, Estate Planning and Health Care Law for New York on
Answered on Feb 19, 2019
Michael David Siegel's answer
The health care proxy is not relevant to this question. A will governs, and if no will, next of kin governs. If your cousin is your aunt's daughter, she has the right to this issue.

Q: Could you tell me which inventor would be the primary on the project? It is just whoever is listed first?

1 Answer | Asked in Health Care Law and Intellectual Property for New York on
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Q: I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold

2 Answers | Asked in Health Care Law and Tax Law for New York on
Answered on Dec 14, 2018
Linda Simmons Campbell's answer
When you set up a corporation you have to pay yourself at least the average rate for your job in your area. So no it is likely that everything you make would need to be paid as income.

Q: I just found out I have asthma and I have been in the army for 4 years.

1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Answered on Sep 18, 2018
V. Jonas Urba's answer
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.

Q: Hello, is there any precedent or legal code that goes to employee health care and employers changing the cost of plans?

1 Answer | Asked in Employment Law and Health Care Law for New York on
Answered on May 16, 2018
V. Jonas Urba's answer
As long as it's across the board, everyone treated equally, no discrimination, an employer could even eliminate all paid vacations effective immediately. COBRA requires notices provided to employees, were health insurance completely eliminated, to allow employees to opt to continue the same coverage at the employer's cost plus 2% I believe as an administrative or handling fee. A contract of employment similar to a collective bargaining agreement might prevent the cut but that's about it. No...

Q: Can my employer charge me retroactively for health insurance premiums?

1 Answer | Asked in Employment Law and Health Care Law for New York on
Answered on Feb 28, 2018
V. Jonas Urba's answer
Have you discussed this with your union authorities? Their legal counsel?

Have you contacted the National Labor Relations Board to inquire whether this might be an unfair labor practice by the union?

Have you reached out to private lawyers who will need to review and read ALL of the correspondence regarding the issue, including your prior, current, and related collective bargaining agreements to determine whether there might be a potential breach of the agreement? Your union is...

Q: I had a psychosis and was taken to the hospital instead of keeping me 72 hours the released me almost immediately still

1 Answer | Asked in Civil Litigation and Health Care Law for New York on
Answered on Feb 5, 2018
Michael David Siegel's answer
Maybe. Call a medical malpractice lawyer. If they take your case, it is free to you. If they do not, you may have no case.

Q: i left my permanent job 2 weeks ago to work as a long-term temp at a hospital. Position was given to someone else.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New York on
Answered on Jan 29, 2018
V. Jonas Urba's answer
If you have some proof (e-mail, letter, voice mail, the receipt that you paid as requested, etc...) that at the time you left your prior job you had another job lined up you should be able to collect unemployment benefits. Apply with the NYS Department of Labor, honestly, and it sounds like you should recover up to 6 months of benefits while you look for another job or until you get one. Good luck.

Q: While I am receiving workers comp benefits and am not working can my employer deny me health coverage?

1 Answer | Asked in Employment Discrimination and Health Care Law for New York on
Answered on Nov 27, 2017
V. Jonas Urba's answer
If you were receiving benefits before you took workers compensation leave, unless your employer is eliminating benefits for all employees, taking workers compensation leave does not change your plan like getting married, having children or losing your job would. Your employer would have to provide you with COBRA notice before discontinuing your benefits. There are penalties for failing to provide COBRA notice.

Also, seek the advice of a workers compensation lawyer. If employees lost...

Q: Getting High ER Bill for Leaving the room after waiting 5Hrs and not been seen.

1 Answer | Asked in Consumer Law and Health Care Law for New York on
Answered on Oct 31, 2017
Peter N. Munsing's answer
Get a copy of your hospital records (get them on disc, print them out at Staples/Office Max, way cheaper than getting printed copies).

Write the billing company a letter stating that they didn't see you so they provided no services, and if they dispute that you want a record showing what services were provided and by whom.

This is a letter. Hard copy. No email. Sent certified return receipt. You make a copy of what you send them. You staple the certified receipt you'll get to...

Q: If a court, in NY city ordered drug alcohol rehabilitation to someone sources claim there is a lien on them.

1 Answer | Asked in Criminal Law and Health Care Law for New York on
Answered on Oct 18, 2017
Lee A. Koch's answer
Lien for what? The court orders treatment or it doesn't. If treatment is a provision of the sentence, it must be completed.

Q: I am looking for a Power of attorney wherein my husband doesn't have to sign or have any knowledge

1 Answer | Asked in Family Law, Health Care Law, Social Security and Estate Planning for New York on
Answered on Sep 20, 2017
Michael Francis Barrett's answer
You cannot obtain a power of attorney on someone without their knowledge.

Q: Hello, is there any data available anywhere regarding the scope of clinical research litigation numbers? Thanks.

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Answered on Sep 11, 2017
Peter N. Munsing's answer
Not sure what you are looking for but your state's Trial Lawyers Association may have some data.

Q: Constructive trust? I asked before! If I paid for an extension on my sons house and he claimed me as a dependent Can he

1 Answer | Asked in Real Estate Law, Elder Law, Health Care Law and Landlord - Tenant for New York on
Answered on Aug 18, 2017
Aubrey Claudius Galloway's answer
It is impossible to answer this question without reading the documents. Our office provides untethered legal services so if you would like we can review the matter for you had a very low cost and advise you appropriately. At that point you will know where you stand legally, they can make the decision as to whether or not you need an attorney, whether you can work this out or, hopefully it is inpermissible under the trust

The wording in the trust is key.

Aubrey C. Galloway...

Q: Can a OHS tell my employer I'm currently sick because of stress and anxiety in his report ? Isn't it confidential info?

1 Answer | Asked in Employment Law, Medical Malpractice, Health Care Law and Libel & Slander for New York on
Answered on Aug 17, 2017
V. Jonas Urba's answer
HIPAA makes confidential health information protected unless a person authorizes the release of such information.

Health care professionals, especially ones who are licensed by the New York State Department of Education or the Department of Health know or should know that. Any person who believes that a licensed health care provider no matter who that person is can file a complaint with the registering or licensing state agency. If you are certain that a licensed health care provider...

Q: Can my ex husband evict me from jointly owned home?

2 Answers | Asked in Real Estate Law, Health Care Law and Divorce for New York on
Answered on Aug 2, 2017
Michael David Siegel's answer
It would be very hard. But, it is an issue for the matrimonial court and not L&T.

Q: Is my 14 year old allowed to see the doctor alone

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for New York on
Answered on Jul 26, 2017
Ali Shahrestani, Esq.'s answer
Yes, typically. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

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