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New York Health Care Law Questions & Answers
2 Answers | Asked in Health Care Law and Immigration Law for New York on
Q: My parents faced challenges with the hospital bills when I was born, and now they are navigating issues with their visa.

I’m currently unable to access the records for these matters due to the individuals not being U.S. citizens. I am proactively seeking an attorney who can help me navigate this situation. My goal is to confirm whether these bills have been transferred to a collection agency and explore potential... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2025

You say you are proactively seeking an attorney - you could consider reaching out to collection attorneys. They regularly navigate this area. Collection attorneys represent hospitals; collection defense attorneys defend collection actions bought by hospitals. It's even possible the account was... View More

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1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Immigration Law for New York on
Q: Are illegal immigrants allowed insurance under the affordable care act?

Are illegal immigrants allowed insurance under the affordable care act?

James L. Arrasmith
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answered on Dec 13, 2024

Under the Affordable Care Act, undocumented immigrants are not eligible to purchase health insurance through the federal or state marketplaces. They cannot receive premium tax credits, cost-sharing reductions, or other federal benefits through the healthcare exchanges.

However, you can...
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2 Answers | Asked in Family Law, Products Liability and Health Care Law for New York on
Q: Am I able to refuse erythromycin (eye ointment) for my newborn in the state of NY?

I am baffled as my cursory read of this topic suggests the answer is no. If the mother (i.e. my wife) tests negative for both gonorrhea and chlamydia (which she will) and the rate at which infants are born with conjunctivitis (pink eye) is <2% (materially less), then how could it be that my... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 5, 2024

Why would you want to. It is safe and prevents blindness.

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1 Answer | Asked in Health Care Law for New York on
Q: is there any regulations on operating a mobile ultrasound screening business self-elective

I am a registered ultrasound technician and started my own mobile ultrasound company. I have physicians who I contract with that lease my services. I understand all the Medicare rules and regulations for that service, but I am looking into providing ultrasound screenings to corp wellness... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 5, 2024

Hello!

My name is Attorney Damien Bosco. My law office is in Queens County, Long Island City, across from Manhattan. Depending on the matter, I handle matters throughout New York.

Thank you for asking your question.

New York regulations may require that certain types of...
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1 Answer | Asked in Business Law, Health Care Law, Medical Malpractice and Small Claims for New York on
Q: Hello, I received a request for documents about a machine I sold to a spa owner?

Hello, I received a request for documents about a machine I sold to a spa owner and all my communications with her via phone and text. I do not have any information as we have not communicated either via phone, email or text in some time. I do have the other requested documentation, I am nervous... View More

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2024

It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.

1 Answer | Asked in Health Care Law for New York on
Q: i am looking for case law for NEW YORK MENTAL HYGIENE LAW ARTICLE 81 PROCEEDINGS FOR THE APPOINTMENT OF A GUARDIAN FO
Jack Mevorach
Jack Mevorach
answered on Feb 24, 2024

You could purchase a book from a number of sources or hire a company to do the research for you, or both.

Jack

1 Answer | Asked in Health Care Law for New York on
Q: I have someone living with me. We are not married. She is about to become a ward of the state for mental health issues..

. Can the State come after my money or assets? Like using common law or anything crazy?

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2024

I'm sorry your question remains open for five weeks. One option might be to repost under Divorce, Family Law, and Public Benefits. Although your situation is obviously not a divorce, attorneys who practice in those areas would probably have the most insight about financial rights and duties... View More

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Health Care Law for New York on
Q: My landlord is closing on his home on 12/1/2023. I have COVID now since Thanksgiving, must I still move out by 11/30/23?

I tested positive on Thanksgiving day, 11/23/23. My doctor says I must isolate/quarantine for minimum 10 days bc I also have bronchitis as well. I am considered almost a severe case hence why he advised I must isolate minimum 10 days. But my move out of the apt date is in the middle of the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 26, 2023

Dear Manhattan Tenant

Oh, boy. In New York a landlord is without any legal and lawful right and authority to demand the tenant move out simply because the landlord sold the house. In fact a landlord has no power without a Housing Court judgment and an eviction warrant to force the tenant...
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3 Answers | Asked in Health Care Law for New York on
Q: Can my doctors office withdraw me from care for going against medical advice?
T. Augustus Claus
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answered on Oct 20, 2023

In New York, a doctor's office generally has the right to withdraw a patient from care if the patient consistently goes against medical advice or engages in behavior that may jeopardize their health. However, there are ethical and legal considerations, and the doctor's decision should be... View More

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1 Answer | Asked in Consumer Law, Contracts, Health Care Law and Personal Injury for New York on
Q: I found feces marks on my hotel sheets and the house manager said that she didn’t inspect the room, should I sue?

My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More

4 Answers | Asked in Health Care Law, Divorce and Family Law for New York on
Q: Health insurance policy states legal separation as a qualifying event for removal of spouse; can NY law override that?

Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:

Legal separation, divorce, or dissolution of a Civil Union.

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: If I am an esthetician and my client has an allergic reaction, can I offer them Benadryl from my first aid kit?

Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 28, 2023

Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More

1 Answer | Asked in Health Care Law for New York on
Q: Are medical portal emails part of my medical records? Can they cut you off from access to them? Can I request copies?

I was harassed by a doctor, filed an complaint internally. An investigation was done and I was blocked from using the portal. I no longer have access to my portal emails to and from doctors and staff. Are these part of my medical record? Can I request copies of them? Is there a way to regain access... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 2, 2023

Hard to say. Medical records maintained by a physician / hospital are oftentimes kept separate and apart from messages generated on the patient portal. And a medical records department might not even have access to them. That said, the messages contained within the patient portal would arguably... View More

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for New York on
Q: How do I address second-hand accusations of medication diversion with a patient?

Pt "A" contacted me today and stated that pt "B" stole her controlled meds (while they were in a shared medical transportation cab). Apparently, "B" admitted to her that he did indeed take them. Pt "A", further reports that in the past, "B" has... View More

Jack Mevorach
Jack Mevorach
answered on May 25, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Health Care Law for New York on
Q: I am looking for a lawyer who know New York Insurance Law for fertility treatment or fertility preservation coverage

I live in New York, I work in a large company with more than 100 employees,

I was diagnosed infertility, so I am eligible for fertility treatment under New York new law, I call my insurance company , they do not care this law,

then I call my company HR department, they do not care... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

One option might be to research health care attorneys. In addition to your own searches, you could look into the attorney referral sections of state and local bar associations. Also, there is a tab above, "Find a Lawyer," that lists attorneys by areas of practice and region. It's... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: What type of payment would an attorney need for a NY balance billing case (2021 DOS), ie hourly?

What payment structure does an attorney use for a balance billing case in New York by an in-network provider?

In network provider balance billed me though insurance EOB shows $0 owed as their claim from 2021 was discounted to $0. Provider's billing company refused to resubmit their... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2023

Attorneys who handle medical billing disputes apply various fee arrangements, depending on the type of insurance (no-fault, private, etc.), volume of claims (in terms of whether it's a high-volume institutional client, such as a large medical office or single-transaction individuals),... View More

2 Answers | Asked in Health Care Law for New York on
Q: can anyone look at my medical records .

I check at my doctor's office and a law firm looked at my medical records without my approval.

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2023

An entity would usually need to present a HIPAA authorization to see the records. Good luck

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1 Answer | Asked in Health Care Law, Education Law and Gov & Administrative Law for New York on
Q: If the judge put a neglect case on me but I got my children back can I go to school to become a nurse to care for adults

I want to go to nursing school or am I not allowed to have nursing license in ny state

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

This may be something that most Criminal Defense attorneys and Health Care Law attorneys (categories chosen for the post) do not casually deal with on a regular basis. It may be more along the lines of professional licensing. You could try reposting under Education Law, which might be a closer... View More

1 Answer | Asked in Health Care Law for New York on
Q: I have a 92 yr old mother, who will not sign a healthcare proxy can children make a health decision if she can’t

If a medical emergency arises, and she can’t make it health decision, can her children make it for her without there being a healthcare proxy

Jack Mevorach
Jack Mevorach
answered on Feb 5, 2023

No. A court appointed Guardian can.

Jack

1 Answer | Asked in Personal Injury and Health Care Law for New York on
Q: A hospital told me my daughter died 11 years ago (2011) now in 2022 they are saying their records says she is not
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 10, 2023

Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... View More

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