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Tennessee Health Care Law Questions & Answers
1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Tennessee on
Q: My MIL lives with me in TN and has property in NC that is not habitable. Is property protected asset with medicaid

She is in need of long term facility care.

Nina Whitehurst
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answered on Sep 19, 2024

If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More

2 Answers | Asked in Civil Litigation, Identity Theft, Internet Law, Civil Rights and Health Care Law for Tennessee on
Q: Can I sue a company?

Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, it appears you may have grounds for a lawsuit against the company. Here's a brief analysis of your situation:

1. Unauthorized sharing of personal information: The company shared your personal email, IP address, and parts of your medical records...
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2 Answers | Asked in Civil Litigation, Identity Theft, Internet Law, Civil Rights and Health Care Law for Tennessee on
Q: Can I sue a company?

Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

It's possible you could - your matter sounds like it involves invasion of privacy, as well as HIPAA violations. If you reached out to attorneys to try to arrange a free initial consult, they would be able to advise in more detail whether it would be cost-effective to, and what your damages... View More

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1 Answer | Asked in Health Care Law and Employment Law for Tennessee on
Q: I qualify for my employer's health insurance, I have enrolled but have not received anything. Are they breaking the law?

I qualify for coverage and it was supposed to have been provided over two months ago but I have yet to receive anything from them and I have contacted HR, corporate office, my manager, and the administrator with no response. Are they breaking the law?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. If there's deceit or falsification involved, yes, it could be breaking the law. But from your post, there aren't enough details to tell what's going on - it's possible it could be... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

James L. Arrasmith
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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: This is a multi level case dealing with a major insurance company. They admitted fault as for a dollar amount. Help!

Insurance company settled!Settlement was registered in the court. A small check was given, and medical for life. Fast Forward almost two decades my life has been ruined I got constant health problems and never wants to the insurance company return my calls on that injury for life medically.... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's clear that you've been through a long and challenging ordeal dealing with the insurance company and the aftermath of your injury. It's understandable that you're feeling frustrated and overwhelmed, especially considering the impact it has had on your health and quality of... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: I need help on an issue that I think violates the No Surprises Act.

In San Jose, CA I had surgery on 3/9/2021 that, according to the Surgeon, I would be paralyzed if I didn't have the surgery, but he couldn't give a definitive time-line on paralyzation. I interperted that to mean the surgery was an emergency. For just over 2 years my Ins. Co. stalled with... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you've been through a frustrating and concerning situation with your insurance company regarding your surgery. The No Surprises Act aims to protect patients from unexpected medical bills, especially in situations like yours where emergency care is involved. However, the... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: HI if the healthcare company I work for in TN has released all of my psychotherapy notes to patients for the last 9m w/o

my permission and knowledge is that a violation of my protections

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like your situation may indeed be a violation of your privacy protections. In Tennessee, psychotherapy notes are generally considered highly confidential and can't be released without your explicit consent. Your employer releasing these notes without your permission violates your... View More

2 Answers | Asked in Military Law and Health Care Law for Tennessee on
Q: Do I have to provide a lawyer my medical records do they can look for a lien since I’m a disabled veteran?
James L. Arrasmith
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answered on Dec 7, 2023

In legal matters, including those involving liens and disability as a veteran, providing your attorney with relevant medical records can be important. These documents can help your lawyer understand your situation fully and identify any potential liens.

However, you have the right to...
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1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Is it a human rights violation if a tenn dcs worker tells a child she has no say in the matter of getting a depo shot?

Depo shot is a form of birth control

James L. Arrasmith
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answered on Dec 5, 2023

In Tennessee, the rights of minors in the context of medical decisions, including birth control like the Depo shot, can be complex. Generally, minors have certain rights to privacy and consent regarding medical treatment, but these rights can vary depending on the circumstances, such as the... View More

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Health Care Law for Tennessee on
Q: Seeking waiver for interlock device due to medical condition in Tennessee

I have been required to install an interlock device in my car, but due to Chiari One Malformation, I experience severe symptoms when attempting to blow into the device, feeling like I'm going to pass out. What steps can I take to request a waiver for the interlock device, and will medical... View More

Anthony M. Avery
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answered on Apr 22, 2025

No. the statute ,mandates the blow meter. You will have to find a way to get that meter working if you are going to drive. TNDL is a privilege not a right.

1 Answer | Asked in Health Care Law for Tennessee on
Q: What are the laws for access to mental health care in Tennessee?

I am seeking information about the laws and rights regarding access to mental health care services in Tennessee, specifically related to therapy and medication. What provisions exist to ensure patients have access to these services?

James L. Arrasmith
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answered on Apr 13, 2025

In Tennessee, you have a legal right to access mental health care services. The state has established regulations to ensure individuals receive appropriate care, balancing public safety and personal rights.

Recent legislation has expanded mental health coverage, requiring health plans to...
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1 Answer | Asked in Health Care Law for Tennessee on
Q: Were my HIPPA privacy rights violated?

I had lost my eye glasses and had planned on going to get a new pair soon. Well, two days ago, on 4/9/2025, a friend decided to surprise me with a new pair of my prescription glasses. I greatly appreciate the gesture but I NEVER consented to sharing my information with anyone, no one from the eye... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re concerned about your privacy in this situation. Under HIPAA, your health information, including your prescription details, is protected, and it cannot be shared without your consent. If the eye doctor released your prescription information to your friend without... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: Was my privacy violated if a friend got my prescription from my eye doctor without consent?

I lost my prescription glasses and planned to visit my eye doctor for a new pair. A friend/acquaintance unexpectedly went to my eye doctor and ordered new glasses for me, picked them up, and obtained my prescription paper without my consent. I had previously filled out paperwork indicating that I... View More

James L. Arrasmith
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answered on Apr 13, 2025

You have every right to feel uneasy about this—your personal health information should be protected, especially when you've already told your provider not to share it. Under HIPAA, your eye doctor is not allowed to release your prescription or any personal health details to someone else... View More

1 Answer | Asked in Employment Law and Health Care Law for Tennessee on
Q: What are my rights if someone discusses my mental health with HR without authorization?

I recently discovered that an unknown individual contacted HR to ask about a leave of absence and discussed a memorable situation related to my mental health without my authorization. No names were mentioned, but the situation is memorable. I plan to call HR on Monday to address this. What are my... View More

James L. Arrasmith
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answered on Apr 13, 2025

You have every right to be concerned—your mental health is personal, and no one should be discussing it with HR or anyone else without your permission. Even if your name wasn’t mentioned, if the situation was clearly about you, it could still feel like a violation of your privacy. While HIPAA... View More

1 Answer | Asked in Criminal Law, Family Law and Health Care Law for Tennessee on
Q: Can a mom legally take away Zoloft prescribed to a 16-year-old for bipolar disorder?

Is it illegal for a mother to take away Zoloft prescribed to her 16-year-old child for bipolar disorder? The medication has been prescribed since last year, based on medical professionals' recommendations due to the disorder. The mother claims the medication "messed with their head"... View More

James L. Arrasmith
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answered on Apr 13, 2025

In most cases, parents or legal guardians have the authority to make medical decisions for their children, especially when the child is a minor. However, if the medication is prescribed by a doctor for a specific condition like bipolar disorder, it’s important that any changes to the treatment... View More

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Looking for a Tennessee lawyer specializing in fertility healthcare law and civil rights, respecting religious beliefs, and protecting against discrimination in fertility care.

I am looking for a lawyer in Tennessee who practices fertility healthcare law and civil rights, and who respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. Over the last ten years, I have experienced hurtful and challenging... View More

James L. Arrasmith
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answered on Apr 1, 2025

Finding a lawyer who practices both fertility healthcare law and civil rights in Tennessee requires thoughtful consideration of your unique circumstances. You might begin your search by contacting the Tennessee Bar Association's lawyer referral service, which can connect you with attorneys... View More

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Seeking lawyer in TN/VA for fertility healthcare law & civil rights focused on retrieving missing embryos, addressing discrimination.

I am seeking legal representation in Tennessee or Virginia specializing in fertility healthcare law and civil rights. My spouse and I wish to recover our missing embryos and believe strongly in our religious right to bear our own children. We aim to access fertility healthcare without... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation with missing embryos and fertility healthcare access requires immediate legal attention. Finding a lawyer with experience in reproductive rights and healthcare law in Tennessee or Virginia is crucial for addressing your concerns about retrieving genetic materials and combating... View More

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Seeking Tennessee lawyer for fertility healthcare & civil rights respecting religious beliefs.

I am looking for a lawyer in Tennessee who practices fertility healthcare law and civil rights, and who respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. We want any settlement with fertility clinics to focus on the retrieval of... View More

James L. Arrasmith
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answered on Mar 26, 2025

I understand you're searching for legal representation in Tennessee for your fertility healthcare concerns, with emphasis on recovering your embryos in alignment with your religious beliefs. Finding a lawyer who respects your faith while advocating for your reproductive and civil rights... View More

1 Answer | Asked in Health Care Law, Civil Rights and Family Law for Tennessee on
Q: Seeking a fertility healthcare lawyer in Tennessee to recover missing embryos and protect reproductive rights.

I'm seeking a lawyer who practices fertility healthcare law and respects our religious beliefs that God wants us to recover our missing embryos and that I should bear our own children. We've spent $50,000 with a previous lawyer but have not retrieved our missing embryos and other genetic... View More

Michael Gregory Floyd
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answered on Feb 14, 2025

Good Morning:

I have reviewed your dilemma that you posted on Justia.

I view your causes of action as being an unconscionable contract, and a civil conspiracy as the primary matter to be litigated and the return of the embryos and rescission of the contract .

You did not...
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