Pennsylvania Health Care Law Questions & Answers

Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?

1 Answer | Asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania on
Answered on Sep 11, 2018
Peter Munsing's answer
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.

No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...

Q: Work said they are cutting my personal health insurance once I have been off on WC for 3 months. Can they do that?

1 Answer | Asked in Health Care Law and Workers' Compensation for Pennsylvania on
Answered on Aug 1, 2018
Peter Munsing's answer
Yes, you then have a right to "buy in" under COBRA. However, if its a sucky plan, you would perhaps want to sign up for an ACA plan. Talk to the attorney who is advising you on comp.

Q: I provide the medical coverage for my spouse since he is a contract employee. Do I have to cover him next enrollment?

1 Answer | Asked in Divorce and Health Care Law for Pennsylvania on
Answered on Jul 16, 2018
Kathryn Hilbush's answer
Generally you cannot terminate coverage for a spouse without court order or until the divorce is final. If carrying him is expensive, you might be able to have him removed by requesting court permission but you should consult with a local attorney experienced in family law before taking that step.

Q: My emplloyer had accused me of falsely writing scripts of narcotics and stealing the medication when it arrived at my f

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Pennsylvania on
Answered on Apr 23, 2018
Cary B. Hall's answer
Anyone can get charged criminally for anything, and it happens all the time. Will it happen to you? No idea.

If it does, and it really was a mistake at work, then cooperate with the authorities and tell them what happened. Same with your employer. If you did nothing intentionally wrong and have nothing to hide, then -- as they say -- the truth shall set you free.

If you are charged criminally, however -- and I hope you won't be -- I'm happy to discuss the specifics of your...

Q: Is it legal for a therapist to allow a child to use her personal cellphone for a child to email?

1 Answer | Asked in Criminal Law and Health Care Law for Pennsylvania on
Answered on Oct 25, 2017
Peter Munsing's answer
Who is the therapist's client? You invited her there which indicates some relationship. She owed duties to her client. Her behavior sound slightly unprofessional, and you should calmly ask for an explanation before proceeding further.

At a minimum she seems to be triangulating which is rather odd for a therapist.

Q: If I no longer want to be Executor or Medical POA, how do I cancel it??

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Pennsylvania on
Answered on Sep 12, 2017
Peter Munsing's answer
You aren't bound to use or be it. Just inform the family of that.

Q: I am 23 an physically disabled but want to move out from my parents Whts the legal way 2 do in pa

1 Answer | Asked in Civil Rights, Family Law, Health Care Law and Social Security for Pennsylvania on
Answered on Sep 5, 2017
Peter Munsing's answer
Depends on your competence level. Contact Community Legal Services to start with--see if they have a disabilty rights project.

Q: Clinical evaluation was done 1.23.2014, PA is saying that it's too old, and need to be done again.

1 Answer | Asked in DUI / DWI, Employment Law, Gov & Administrative Law and Health Care Law for Pennsylvania on
Answered on Aug 31, 2017
Peter Munsing's answer
Not sure what evaluation you need, but if you had some situation it was needed for Pa. and most states require that on reapplication you may need another.

Q: Do I have to keep children from my spouse on my health insurance? They aren't mine and we are divorcing

1 Answer | Asked in Divorce, Family Law and Health Care Law for Pennsylvania on
Answered on Jul 8, 2017
Kathryn Hilbush's answer
Not, not unless you're court-ordered to do so or have adopted them.

Q: Can a foster child leave foster care when they turn 18 by their choice?

1 Answer | Asked in Adoption, Family Law, Health Care Law and Juvenile Law for Pennsylvania on
Answered on Jun 9, 2017
Peter Munsing's answer
Yes, but more importantly if she feels she is threatened with abuse now she needs to reach out to a counselor or other person in a similar position. She wouldn't lose all state assistance but really needs to talk to a social worker or similar.

Q: My exhbd & I share custody 50/50 w/no court agreement, I pay for our childs health care & her bills can i get support?

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Pennsylvania on
Answered on Mar 4, 2017
Brian Lehman's answer
To get an answer to this question, you really need to talk to a family lawyer near you. There are a number of questions that a lawyer needs to ask to give you an answer and explain how to achieve your goal of getting support.

Q: I have been sued by a health organization in Ny. I live inPA...what will they do to me, what can i expect? Thank you.

1 Answer | Asked in Consumer Law and Health Care Law for Pennsylvania on
Answered on Feb 15, 2017
Peter Munsing's answer
First, you need to respond to the case--even if it's bogus doing nothing is not an optiion. They may be a group that does the collections for a doctor group. Attached to the complaint should be the bill. If you had health insrurance and they didn't cover you need to consider adding them as a third party defendant, saying "If I owe the Hospitals money, you my health insurance (medicare & Medicaid included) should pay."

If you are on medical assistance you need to get with the leagal...

Q: Can your doctors deny medical records to be sent to another doctor due to overdue balance?

1 Answer | Asked in Medical Malpractice and Health Care Law for Pennsylvania on
Answered on Feb 6, 2017
Peter Munsing's answer
This is improper. Explain that you will if necessary to get your child care file a complaint with the department of health and the consumer division of the AG's office. Under the ACA and other statutes your daughter has rights.

You should, by the way, see if she can get coverage under CHIP or ACA that will avoid bills--you may get an aca subsidy under some circumstances with a child that you otherwise wouldn't.

Good luck!

Q: I got in a dispute of $550 with my dental office. They claimed they did services which my insurance won't cover

1 Answer | Asked in Health Care Law, Insurance Defense and Medical Malpractice for Pennsylvania on
Answered on Jan 18, 2017
Peter Munsing's answer
You can tell them you did not consent to the services they are billing you. If they have a debt collector call you you file a complaint with the medical board that licenses dentists.

Q: My granddaughter is in the hospital -she is 17-does she have the right to refuse visits from her family?

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for Pennsylvania on
Answered on Dec 31, 2016
Peter Munsing's answer
The closer she gets to 18 the more rights she has. However, I'm not sure the hospital wouldn't want you there. Contact the hospital social worker because obviously there is pushback and just forcing yourself isn't going to help smoothe things out for either of you.

Q: Can a 17 year old who was denied healthcare by his parents get a lawyer?

1 Answer | Asked in Family Law, Personal Injury, Health Care Law and Juvenile Law for Pennsylvania on
Answered on Oct 18, 2016
Peter Munsing's answer
800-932--0313 is the abuse hotline for PA.

Another resource is the Pa. Domestic Abuse Coalition hotline which has resources at:

Good luck!

Q: Does PA have an hospital/medical lien statute/code that regulates the filing of hospital liens? Are they allowed?

1 Answer | Asked in Health Care Law, Collections and Consumer Law for Pennsylvania on
Answered on Sep 14, 2016
Peter Munsing's answer
Yes. Any health provider or health insurer that pays for medical treatment for an injuryhas a lien for any injury case that comes from the injury that required the treatment. In the case of car crashes the insurance on the car for medical coverage comes first. They don't have a lien. Medicare and Medical assistance, if they pay, have liens. Health insurance only has a lien if they are a "self funded" ERISA or Union plan. A lot of health insurers and companies that collect for them like a...

Q: I signed in at my doctor's office with a kiosk machine. Kiosk asked me if my fingerprints were on file. Is this legal

1 Answer | Asked in Civil Rights and Health Care Law for Pennsylvania on
Answered on Aug 14, 2016
Peter Munsing's answer
Assuming it's for the doctors' office yes. Impersonal, bad atmosphere, but legal.

Q: Can my employer stop my health insurance after 6 months of w/c? I have to pay back my part of the premium once return

2 Answers | Asked in Health Care Law, Employment Law and Workers' Compensation for Pennsylvania on
Answered on Jul 8, 2016
Timothy Belt's answer
Workers' compensation does not provide any form of additional job security. If you have a union or a contract, that can provide additional protection. You may also obtain some job protection for 12 weeks under the FMLA. To answer your specific question, barring a contract to the contrary or entitlement to FMLA protection your employer may stop your health insurance benefits immediately after you stop working, and even if FMLA applies, it would only protect you for 12 weeks, so they could...

Q: I had a surgery done to my knee at a outpatient surgery center. The surgery went well. However, within hours of coming

1 Answer | Asked in Health Care Law and Medical Malpractice for Pennsylvania on
Answered on Jun 23, 2016
Peter Munsing's answer
Sounds like it. Fortunately you got to someone in time so this may be one of the thousands of "freebies" the medical profession gets each year--cases where the carelessness is caught in time before lasting harm happens, so the case is not worth the $30,000 or more it costs to handle a malpractice case (you only get damages for what did happen,not what could have.)

Hope all goes well, There is a two year statute of limitations so once you are on the road to recovery check with a medical...

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