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New York Health Care Law Questions & Answers
1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for New York on
Q: It is legal for a gas station to deny me access to a restroom because they don’t want to pay septic fees?

The manager and the owner are not allowing anyone to use their restroom even though it works due to the fact they are tired of paying septic fees. I used it the last 3 days even though they have not in service signs and I have asked before to use the restroom and they said no sorry but when I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 5, 2020

Here is a link to an organization that is involved in this issue. You could look into whether their resources offer guidance: https://americanrestroom.org Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law for New York on
Q: My father is in a hospital and has had several falls out of bed trying to get himself out of bed, I wasn't notified.

My father told me of both situations I discussed my being mad about not getting notified yet again. Called this morning and my father had been moved to a different part of hospital and wasn't informed that either

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

I'm sorry for your ordeal. If you reach out to attorneys to discuss this in greater detail, a primary question that will arise is whether your father was injured. I hope your father did not sustain injury, but how an attorney proceeds with such a matter could hinge largely on that. Good luck... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Is it legal for a nurse to say something to a patient that ultimately causes them harm?
Tim Akpinar
Tim Akpinar answered on Sep 20, 2020

It would depend on what was said and what the harm was. If it involved medical instructions that resulted in physical harm in the form of injury or illness, it could possibly give rise to damages. Good luck

Tim Akpinar

1 Answer | Asked in Elder Law, Health Care Law and Landlord - Tenant for New York on
Q: When an adult relative moves into my rent-stabilized unit, what do I say if the landlord asks how long they'll be here?

I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... Read more »

Elaine Shay
Elaine Shay answered on Sep 15, 2020

The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Can a college in nys legally require you to get the rabies vaccine?

I’m enrolled in a vet tech program in nys and they are requiring that each student gets the rabies vaccine in order to get clinical experience.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2020

I am not certain of case law on the issue, but a private academic institution could assert that it has a legitimate basis for mandating the vaccine due to health and safety issues. Good luck

Tim Akpinar

2 Answers | Asked in Estate Planning and Health Care Law for New York on
Q: Can a couple put a house in a irrevocable trust and then, within months, collect Medicaid in New York State?

The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 25, 2020

Yes. However, the law is scheduled to change shortly. Right now there is no look back period for Medicaid involving assisted living. After October 1, 2020 there will be a look back period. The transfer needs to be done quickly and properly.

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2 Answers | Asked in Health Care Law for New York on
Q: Does a private physician have an Enforceaable obligation to report a patient violating a quarantine order?
Gary Lane
Gary Lane answered on Jul 8, 2020

I would say that the doctor patient privilege will withstand any other obligation to report, absent the planning of a future major crime. So NO.

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1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for New York on
Q: Our supervisor told us when and when we cannot use the bathroom. Is this illegal?
Gary Lane
Gary Lane answered on Jul 2, 2020

Yes, that is quite illegal and should be reported.

2 Answers | Asked in Health Care Law for New York on
Q: Can a emergency room denied you to be transferred to a different hospital

I was just release the hospital do not have all the equipment to test and see what is going on I ended up back into the er and ask to transfer me to a different hospital base on that factor. The er doctor agree there something more wrong with me. And that they did not have to equipment to help me.... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

The Emergency Medical Treatment and Labor Act, commonly known as EMTALA requires anyone coming to an emergency room to be treated regardless of ability to pay. EMTALA requires the hospital to treat and stabilize you. If the patient has been stabilized the hospital is permitted to discharge the... Read more »

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3 Answers | Asked in Contracts, Collections and Health Care Law for New York on
Q: Can my mom's doctor's office ask for co-payments (going back 6 months) when she was told she was covered? New York

My mom started with a new physical therapy practice back in Aug 0f 2019. She has medicare and blue cross blue shield. They said they accepted her insurance and proceeded to make copies of her insurance cards. At each visit, they never asked her for a co-payment. She recently called the... Read more »

Tim Akpinar
Tim Akpinar answered on May 18, 2020

Unfortunately, all medical offices will collect all co-payments where due. But most do not like to present patients with surprise bills. She could ask them if they would consider installment payments or some sort of deferment plan to reduce the financial shock. It looks like your mom in good faith... Read more »

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Landlord - Tenant for New York on
Q: What is a landlords responsibility if a tenants apartment is uninhabitable due to health violations?

My bathroom ceiling is dripping meriatic acid due to an upstairs neighbor pouring it down the drains. The entire apartment filled with smoke due to the chemical reaction when in contact with metal. What is the protocol for a situation like this? Is it the landlords responsibility to provide us with... Read more »

Gregory Byrnes
Gregory Byrnes answered on May 13, 2020

Your landlord should fix the issue. Your first step should be to let your landlord know so they can fix it.

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for New York on
Q: Can an employer require employees who return to work following a COVID-19 Diagnosis to wear a mask?

I am a Civil Service Employee in NYS, which is a represented by a Union. The Chief Administrative officer has stated that once the Dept of Health Clears an employee to return to work after a COVID-19 Infection, that the employee must wear a mask for 7 additional days. The act of being forced to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

Everyone should be wearing masks with or without a diagnosis. Medical experts recommend that.

I had an emergency need to venture out today. The people with masks are the ones we respect most because they respect us and our well being.

You should be held in high esteem and continue...
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1 Answer | Asked in Health Care Law for New York on
Q: In light of the coronavirus breakout and hospitals having so many policy changes.......what rights does family have?

If a private hospital policy becomes no visitors at all for patients, can the patient be discharge without family coordination and participation? What can you do to stop a discharge?

Tim Akpinar
Tim Akpinar answered on Mar 16, 2020

At this point, everything appears to be in a state of flux, with many facilities awaiting developments from Albany or Washington, DC. One option is to contact hospital social workers, who in many facilities are ordinarily involved in patient discharges, to ask if they are able to assist. Good luck... Read more »

2 Answers | Asked in Estate Planning and Health Care Law for New York on
Q: Is an irrevocable trust created over 5 years ago, subject to the Medicaid 5 year look back rule?

Irrevocable trust was funded with assets 6 years ago.

Michael David Siegel
Michael David Siegel answered on Mar 6, 2020

Likely not. That is the point of such a trust.

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1 Answer | Asked in Elder Law and Health Care Law for New York on
Q: CDPAP, if PA's are independent contractors, why do FI's withhold taxes? CDPAPvs. Zucker,10/11/19, what was decided?

In the matter of CDPAPvs. Zucker,10/11/19

in layman's terms, what was decided?

Does this decision affect the status of the PA as an independent contractor vs. an employee?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 14, 2020

The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.

This had nothing to do with...
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1 Answer | Asked in Health Care Law for New York on
Q: So my mother dying in the hospital she has type 4 of cancer nothing helping her

So she want to put every house she has under my daughter name how can she do it in the bx so nobody can try to sell the house

Tim Akpinar
Tim Akpinar answered on Dec 22, 2019

I'm sorry for your difficult situation. Your question remains open in the Health Care category; you might have better chances of getting a meaningful response in the Real Estate category. You could try reposting there, or you could simply reach out to New York real estate lawyers on your own.... Read more »

1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for New York on
Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice

My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen,... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 12, 2019

If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Health Care Law for New York on
Q: Hi good morning I'm trying to get out of my apartment lease and the building has a lot of black mold

I've been living in my apartment for 3 years and I've had black mold 4 times. all of this is documented as well. For the past few times that I've had mold ive been ignored for months about maintenance being done for my apartment. Ik that black mold falls under the tenants... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 6, 2019

See if the landlord will just consent. Make sure you have documented what you posted here in writing to the landlord with proof of delivery. If you just leave, and are sued for breach, you will have a defense. Also, call the City to issue a violation, which will support your case.

2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on
Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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1 Answer | Asked in Small Claims, Personal Injury and Health Care Law for New York on
Q: I was forced to take a drug that make me a less of a man. I need a law to bring all this people to justice 6464892008

Above is my phone number for more info

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

you should ask the site to take your phone number down.

Contact a member of the NYState Assn for Justice--they give free consults. Look for one in the county where this happened.

However if you mean impotence, it is very, very difficult to prove it came from the drug and not from...
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