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Pennsylvania Health Care Law Questions & Answers
1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for Pennsylvania on
Q: Can family have a say in an elderly person's need to move to a care facility? This person is of-sound mind;

She lives in filth, doesn't eat, can't clean herself and sits and sleeps in her own feces and urine.

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2021

I would approach an elderlaw attorney who is certified; the area office on aging can be of help.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: I was in a hospital from 2am until 6am needing 22 stitches in my leg.. 11 dissolvable and 11 on the outside.

While I waited for my stitches (under the influence of alcohol), the nurse told me the doctor came in between 5-530 while I was sleeping and decided to let me sleep with the deep wound in my thigh. They told me they were extremely short staffed at the time.. I do admit I had some heated words with... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Unlikely that it would be worth the cost of the case, but as members of the Pennsylvania Association for Justice like myself offer free consultations so that you may get informed advice, why not contacting them.

Your leaving however could end the story. Unless your wounds and bleeding...
Read more »

1 Answer | Asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 16, 2021

Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney... Read more »

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Where in this Code is the Time Frame of allowance 2 years Post Care ? Thx
Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

Time frame of two years post care for what--a claim? Insurance? you need to give us a bit more informtion.

2 Answers | Asked in Criminal Law, Civil Rights and Health Care Law for Pennsylvania on
Q: Can a cop detain me in cuff in my own house when I was not violent or yelling; I was eating. They also injured me.

The one cop was very aggressive and used unnecessary force and illegal detainment. now they want to charge me with BS to coverup their mistake due to them on ego trip.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 7, 2021

The problem with your question is that it lacks the context needed to answer. Why they were in your home matters. For instance, many police departments will cuff a person when they are executing a search warrant. Your simply stating "you are not violent" doesn't mean that you... Read more »

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1 Answer | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: I was promised a salary and override on business that I brought to a laboratory in Pennsylvania.800k later, zero to me

This is a very common scenario in the laboratory business and I am referring to a compliant EKRa compensation plan that was promised

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Sounds like you have a breach of employment contract action. Contact an attorney who handles both.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Is an unlicensed antique auto exempt from Medicaid services?
Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Medicaid has nothing to do with unlicensed autos. If you mean does it make you over assets, it depends on the value. The medicaid statute doesn't, as I recall, get into the registration status of any vehicle--just do you own it, what is its value.

1 Answer | Asked in Civil Litigation and Health Care Law for Pennsylvania on
Q: I had been to a counselor in March of 2019, and received a bill in March of 2020. Is there a statute of limitations.

I heard nothing from them for a year, I have no idea why they are billing me, and have not contacted. I received another statement in April. Am I legally responsible to pay them? What is the best way to handle this.

Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

Did you have insurance? Is this because of a copay or deductible? Was there a denial of claim? The statute of limitations for most contract claims (and you may well have signed an agreement to pay) is 6 years in Pennsylvania. So yes, you have to pay attention to it. Start by finding out why and... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Pennsylvania on
Q: My brother in law's company is asking for my medical records. Is this a HIPAA violation?

I do not work for the company and I was in quarantine for COVID-19 with a negative result. They won't allow him to return to work without documents of my negative results.

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If he gets a negative test that should end it. They can't make him produce your records--that's silly. But assuming he wants his job......

Not sure why they'd want yours anyway. But they can't tell someone they can't work based on a third person's status.

2 Answers | Asked in Employment Law, Social Security, Workers' Compensation and Health Care Law for Pennsylvania on
Q: If you come down with Prostate cancer can you get disability

need a lawyer from Pennsylvania pittsburgh area

Scott F Bocchio
Scott F Bocchio answered on Mar 27, 2020

Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.

Scott Bocchio, Esq.

855-254-7841

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1 Answer | Asked in Health Care Law for Pennsylvania on
Q: I took my son to the hospital and the doctor let my son head drop on the bed not guiding his head the way she got him
Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Not sure what your question was. If he was injured there would be a potential for a claim, depending on the circumstances--the age of the child, who was handing him off etc.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Pennsylvania on
Q: Is a restaurant employer allowed to terminate me after written warnings where I was sick with a contagious illness?

I have worked in a restaurant for the past 4 years. Recently the state of management has gone downhill. As someone who also works in the medical field, I understand I, as an employee, am not allowed to go into work around food with contagious conditions. I provided them two seperate doctors note... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You should file for unemployement as you were not terminated for cause where you had necessitous and compelling reasons.

1 Answer | Asked in Divorce and Health Care Law for Pennsylvania on
Q: Am I required to provide health insurance up until the time my child graduates?

I have a legal question about my post-divorce obligations. My daughter turned 18 in October, but she is still in the 10th grade - she failed more than once. She was supposed to graduate in June 2020. That won't happen. We live in Pennsylvania. Am I required to provide health insurance up until... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2020

If your support order requires you to maintain coverage for her, then you should. If you feel it's a burden for you to continue covering her after June 2010, you can file a petition with the court to seek a modification of the order.

1 Answer | Asked in Consumer Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Q: Is there anything I can do to at least reduce the bill?

My insurance dropped me because I “make too much money” but I never received the notice they said the mailed me. So I had gone to the ER and now I have a $4000 hospital bill. The insurance company said I can’t file a complaint because I am no longer insured under them and the insurance... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 1, 2020

The hospital should have a process where you can apply to have the bill reduced. Call the hospitals billing department

1 Answer | Asked in Contracts and Health Care Law for Pennsylvania on
Q: A durable medical equipment supplier refuses to pick up their items. Does patient have to pay afterward?

DME company made a mistake billing insurance since June 2019, sent statements to patient in Sep 2019. In Sep 2019, patient told supplier to pick up item, they no longer want it. DME supplier said they would not unless a doctor told them to. Does the patient have to pay for the rental cost... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Patient has, I assume, asked them to remove it in writing and saved a copy of the letter. Suggest the person contact the Medicaid office that deals with providers.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: What kind of lawyer would take a severe medical record access delay by a patient?

I am disabled, very ill and trying to get my medical records from multiple physician specialty practices. Due to the complexity of healthcare expansions and electronic medical records that has taken place over the decades, it is now 4 months, over 100 phone calls, many signed releases and I’ve... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 14, 2019

An attorney who handles health care matters should be able to help you. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Do I have a right to a copy of what has been billed to my insurance company from a home health agency?
Tim Akpinar
Tim Akpinar answered on Sep 29, 2019

Insurance practices are governed by state regulations, so a Pennsylvania attorney would be most familiar with applicable laws. But your question remains open for two weeks. As a general practice virtually nationwide, policyholders are provided with the information you describe. Just ask your... Read more »

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Botox Injections in Pa

I am an RN certified in Botox and derma filler injections. I aware that injections must be supervised by an MD/DO. My question is does the doctor have to be physically present for a nurse to do injections or can he be within a certain distance and accessible by phone? Is there a regulation that you... Read more »

C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 19, 2019

Hi, I am not a lawyer in PA. I will say that here in Texas delegation really depends on state statutes. I'd check out your scope of practice laws in Pennsylvania. Certainly tele-medicine is a thing but some states have distance requirements when physicians delegate tasks. Also, are you a... Read more »

Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

Pertaining to medicare supplement insurance.

Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: I was misdiagnosed by three practioners of a local hospital and consequently suffered more damage and needed two more su

Do I have cause for a lawsuit to re coup my losses?

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

Depends on the damage as to whether it is worth the costs of looking at it. however, I would suggest you contact a member of the Pa. Ass. for Justice in your area who handles medical carelessness cases.

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