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Oklahoma Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Oklahoma on
Q: Can we take legal action for insurance policy change causing missed treatments?

My mother, who was covered by marketplace insurance, was undergoing cancer treatment when she missed several appointments after the doctor's office informed her that her insurance was inactive. The marketplace changed her insurance policy without notifying us, causing treatment delays. My... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2025

An Oklahoma attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your mother. I'm afraid it does not sound like the strongest of cases. That doesn't mean I don't sympathize with your family. I find it upsetting that the... View More

2 Answers | Asked in Health Care Law for Oklahoma on
Q: can you be held in contempt of court if hospital refused your insurance payment My insurance has tried to pay the bill

I had a medical emergency in 2017 I needed emergency surgery. I was not living in Oklahoma yet so the hospital was out of network. The law states if it is a life threatening emergency you can go to the nearest hospital without pre approval and it will be paid as in network. However the hospital I... View More

James L. Arrasmith
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answered on Jan 22, 2024

Being held in contempt of court typically occurs when someone disobeys a court order, not simply because a hospital refused your insurance payment. In your situation, it appears that the hospital is pursuing legal action due to unpaid bills, which is a civil matter, rather than a contempt of court... View More

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2 Answers | Asked in Health Care Law for Oklahoma on
Q: can you be held in contempt of court if hospital refused your insurance payment My insurance has tried to pay the bill

I had a medical emergency in 2017 I needed emergency surgery. I was not living in Oklahoma yet so the hospital was out of network. The law states if it is a life threatening emergency you can go to the nearest hospital without pre approval and it will be paid as in network. However the hospital I... View More

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

It doesn't sound like contempt of court. It sounds more like a collection lawsuit. But failing to appear/respond could result in a default judgment. Since you mention a court date, that suggests that legal action may have been filed by them. One option is to set up a consult with a local... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Health Care Law for Oklahoma on
Q: Hi I have a question my husband is in Allen Gamble Prison I'm trying to get his case switch mental health Court

Switch his case to mental health court before trial his medically I'll and has disabilities and medical problems

James L. Arrasmith
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answered on Dec 23, 2023

In Oklahoma, transferring a case to a mental health court can be a complex process, especially if the trial is already underway. Mental health courts are designed to handle cases involving defendants with mental illnesses and may offer more appropriate resources and outcomes for such individuals.... View More

1 Answer | Asked in Civil Rights and Health Care Law for Oklahoma on
Q: In 2015 I was struggling with a severe depressive episode so I voluntarily went in for stabilization at Spring Creek

Mental health facility in Sapulpa OK, which is a part of the Creoks Oklahoma network. It is an inpatient 10 day program. I was held for 48 days. I was harassed around the clock by most of the staff, including the kitchen staff. I was made to have a video conference with a judge and I was made a... View More

James L. Arrasmith
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answered on Dec 5, 2023

Your experience at the mental health facility in Sapulpa, Oklahoma, raises several concerns, especially regarding your rights as a patient and the legal procedures followed during your stay. In Oklahoma, as in other states, patients have specific rights in healthcare settings, including the right... View More

2 Answers | Asked in Civil Rights, Employment Law, Health Care Law and Child Custody for Oklahoma on
Q: Guidance needed for potential discrimination case in childbirth situation in Oklahoma.

I need guidance for a woman facing potential discrimination related to her recent childbirth. She was accused of drug use without proper evidence, resulting in her infant being placed in kinship care. There's concern about her medical records being accessed without consent, possibly violating... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

Children are automatically tested upon birth for many different things. If the child (or mother) test positive during the birth procedure for CDS then the hospital staff are required by law to disclose the abuse of a child to DHS.

Contact a family law attorney for anything additional.

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1 Answer | Asked in Family Law, Health Care Law and Civil Litigation for Oklahoma on
Q: Can my unauthorized hospital records be used in my infant's disposition hearing?

I am facing an adjudication disposition hearing concerning my infant, and my hospital records were accessed without my consent, which I discovered when I noticed a DHS worker listed as an emergency contact. There are allegations that I tested positive for amphetamines. I contacted the hospital... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

In your answer you state your legal counsel therefore you need to be discussing these matters with them.

1 Answer | Asked in Federal Crimes, Health Care Law, Insurance Bad Faith and Civil Rights for Oklahoma on
Q: Can a Health insurance RN report a person to DHS for drug seeking during a comprehesive assessment?

I was being interviewed for a comprehensive assessment by RN case manager with health insurance. discussi my diagnosis andmedication past and present. Discuss finding new a doctor. Told her wannted to get back on my old medicstkons except for pain medicstios, esp my CNS medication. I started... View More

James L. Arrasmith
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answered on Aug 31, 2024

It seems like you’re feeling understandably upset and confused about what happened during your interaction with the nurse. In general, healthcare professionals, including nurses, are mandated reporters, meaning they must report certain situations to authorities, especially if they believe a... View More

1 Answer | Asked in Health Care Law for Oklahoma on
Q: lady at the hospital, stuck a tube down my nose and didn’t know what she was doing and didn’t have adoctors order
Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. Based on the brief details, it doesn't sound like there is a basis for a case here. Your frustration is understandable. However, it may have been an inexperienced staff. Unless there were significant damages... View More

1 Answer | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Oklahoma on
Q: I have been hurt and brused due too being poked not twice but 3 times then them letting blood into my tissue can I sue ?
Tim Akpinar
Tim Akpinar
answered on Jul 12, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. It doesn't look like a lawsuit that most firms would handle. Although your frustration is understandable, unless there were significant damages of a lingering nature, it sounds... View More

1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: I work at an assisted living facility without the means to provide quality of care to total and full care patients

Where does that fall under quality of care

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. You already named it - a quality of care, possibly health and safety issue. Additional details would be needed to describe further - short staff, training needs, equipment needs, and other possible elements. Good... View More

2 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Oklahoma on
Q: I got an est physician lien. Does this mean I'll owe money?

Husband was hit while driving and the other driver filed a claim.

T. Augustus Claus
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answered on Oct 10, 2023

In Oklahoma, a physician's lien means a healthcare provider can claim a portion of a personal injury settlement or judgment to cover medical treatment costs. If your husband received treatment after the accident and a lien was filed, the provider expects to be paid from any compensation you... View More

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1 Answer | Asked in Civil Rights and Health Care Law for Oklahoma on
Q: Who is in charge or human rights and health regulations while being held in Oklahoma county jails. the jails need help
James L. Arrasmith
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answered on Sep 24, 2023

In Oklahoma, county jails are under the jurisdiction of the respective county's sheriff's department. Human rights and health regulations in these facilities are subject to both state laws and federal laws, such as the Civil Rights of Institutionalized Persons Act. If there are concerns... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Health Care Law for Oklahoma on
Q: Caring for Mom with Alzheimer's. What docs needed to handle ALL Med. & Fin.?

Do certain docs need notarized and/or filed with Court Clerk office? Will a durable POA cover it all, including land, her home and Quit Claim Deed if necessary? Is a Advance Directive needed or just be beneficial? Are specifics needed to handle her Social Security benefits as well?

Richard Winblad
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Richard Winblad
answered on Jul 26, 2023

Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Oklahoma on
Q: I’m an insurance agent who sells health insurance. Would it be illegal to sell my sons and me health insurance?

I already have around 20 clients. These policies I would be writing for me and my sons would not be over 25% of my total business. These policies on my sons and I are from the marketplace which means they are being subsidized by tax payers. If I were able to take ownership of the health... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2023

An Oklahoma attorney could advise best, but your question remains open for four weeks. Until you're able to consult with a local attorney, most states have departments of insurance. They field many insurance-related questions from the public. Good luck

1 Answer | Asked in Health Care Law and Medical Malpractice for Oklahoma on
Q: Is it a HIPPA violation for an officer to stand in on a medical apt with a person who is in the county jail?

My husband was arrested and was having a medical evaluation at the county jail here in Oklahoma and while the doctor was screening him,an officer at the jail was present in the room without my husbands consent.

Charles Watts
Charles Watts
answered on Jun 15, 2023

No this is not a HIPPA violation. When a person is in custody, medical staff have a right to be secure in their safety, if an officer is present then that is allowed.

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Can a consumer who is voluntarily seeking treatment and has a safety plan be placed in emergency detention?

My wife went to a police department in the town we live in & had an assessment done. After returning the officer told me she didn't meet e d criteria but there was something there. The following day she again went in for an assessment voluntarily. That's when a e d was placed.... View More

Charles Watts
Charles Watts
answered on Jan 10, 2023

If the person meets criteria for emergency detainment for mental/consumer related things, then yes the person can be taken into custody. This is custody of the state mental health system, and not specifically county, therefore they transfer frequently to other care facilities in order to provide... View More

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Can I get a court order to take custody of a bipolar mental patient?

An adult with Bipolar mental disorder needs more and different professional help and is unable realize it.

Charles Watts
Charles Watts
answered on May 19, 2022

A guardianship of an incapacitated adult is possible however you will have to prove they are incapacitated and not capable of caring for themselves. Additionally they will have an opportunity to give their input at a hearing.

1 Answer | Asked in Bankruptcy, Health Care Law, Small Claims and Collections for Oklahoma on
Q: im being sued by a hospital for not paying back a debt that i have partially paid back. it says i need to write a letter

i tried using the Solo suit but my petition seems different that what its asking. can anyone help me?

Tim Akpinar
Tim Akpinar
answered on May 17, 2022

This is something that an Oklahoma attorney is best suited to advise on, but your question remains open for four weeks. If this is something in the lawsuit stage, an ordinary letter might not suffice as a response. There could be more formal legal responses needed. Unfortunately, it's... View More

1 Answer | Asked in Collections and Health Care Law for Oklahoma on
Q: In the state of Oklahoma is a wife responsible for her husbands medical bills after death?

There is no property owned nor any other asset to go to probate. He leaves me a single parent of our 4 children, all under the age of 13. He was the only one working. I have been a homemaker for the length of our 14 yr marriage. He did have a life insurance policy for $25000. But no other financial... View More

Anna L Self
Anna L Self
answered on Jul 13, 2021

Yes, you can be held responsible for the medical debt of your spouse. You can see if you can negotiate a lower amount with the creditors or you can see if bankruptcy would be an option for you to discharge the medical debt. Good luck!

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