Tennessee Health Care Law Questions & Answers

Q: I owe Tenncare 40,000$. I filed bankruptcy in 2009. Its been 12 years since the tenncare incident.

1 Answer | Asked in Collections and Health Care Law for Tennessee on
Answered on Nov 20, 2018
Anthony Marvin Avery's answer
Was TennCare listed as a Creditor in your Bankruptcy? Were they listed as an unsecured, non-priority Debt? And if so, did the State fight it? You must look at your Bankruptcy File, and will probably have to spend alot of time with the Court's File. Hire a competent attorney. But if TennCare was never listed as a Creditor, then the Debt was probably not Discharged, and is enforceable six years from the date that the Debt was created, or ten years from date of Judgment.

Q: What if it has zero nicotine

1 Answer | Asked in Collections, Health Care Law and Internet Law for Tennessee on
Answered on Sep 12, 2018
Timur Akpinar's answer
It looks like part of your question is missing and may have inadvertently been left out.

Q: How can I get my father mental health services?

1 Answer | Asked in Health Care Law and Estate Planning for Tennessee on
Answered on Feb 24, 2018
Marjorie A Bristol's answer
You can ask the court to appoint you as his conservator. There are mental health services including mental health case managers to help, but unless you are his conservator, he can refuse those services.

Q: Can a hositpal in the state of tn deny you, if you're in active labor knowing you have A upfront cost?

1 Answer | Asked in Family Law, Collections and Health Care Law for Tennessee on
Answered on Jan 26, 2018
Marjorie A Bristol's answer
No, not if you are in active labor. The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay.

Q: we have been divorced 14 years. He says he cannot get health insurance this year. i have to because he cannot qualify.

1 Answer | Asked in Divorce, Health Care Law and Insurance Bad Faith for Tennessee on
Answered on Jan 9, 2018
Leonard Robert Grefseng's answer
Your question does not specify, but I assume this health insurance is for minor children? If he provides documentation that he has been turned down/does not qualify, then I would purchase substitute insurance. ( Its always better to have some health insurance in the event of unforseen medical bills- if you don't have anything, your kids go without or you have to pay big bills of out own pocket).If he applied and tried to get insurance, he probably has some paperwork explaining why he was turned...

Q: Can the sister of a patient override the daughter if there's proof the patient didn't want his daughter involved?

2 Answers | Asked in Elder Law, Health Care Law and Estate Planning for Tennessee on
Answered on Jan 5, 2018
Marjorie A Bristol's answer
Without a power of attorney for health care, the daughter is the next of kin. Legally she gets to make the call.

Q: my brother thinks im lying when i tell him that i saw a lawyer and paid good money to ask him to help me

1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Answered on Dec 21, 2017
Marjorie A Bristol's answer
He will ask if your step son wants to hurt himself, wants to hurt someone else, and can he care for himself in a way that would not put him in immediate danger. He will also need to determine if your stepson has a mental illness or a serious emotional disturbance. Another option to consider in situations like this is conservatorship. A conservator gets to make medical, financial, and other decisions for the "ward". The standard for this is that your stepson "needs assistance" in managing...

Q: Need help with lawyer for daughter in sevier county Tn.for dcf and malpractice suit on hospitals.

1 Answer | Asked in Health Care Law, Libel & Slander, Family Law and Medical Malpractice for Tennessee on
Answered on Dec 21, 2017
Marjorie A Bristol's answer
The are experienced attorney who can help your daughter. You can find them by searching here or other sites. She needs a lawyer as soon as possible. Best of luck!

Q: is there a law that protects a student from a drug interaction when it affects their performance for grades

1 Answer | Asked in Civil Rights, Education Law and Health Care Law for Tennessee on
Answered on Aug 16, 2017
William Head's answer
This case likely will not be pursued by a Tennessee civil lawyer, but this link takes you to a listing of TN cities, that you can use to fine a list of lawyers near you. Call a few of them, and talk via phone, to see if the case has any value.

http://attorneys.superlawyers.com/products-liability/tennessee/

Q: In TN can a parent have an adult child admitted for drugs and serious counseling, for domestic abuse?

1 Answer | Asked in Family Law and Health Care Law for Tennessee on
Answered on Jul 18, 2017
Leonard Robert Grefseng's answer
Regrettably, no, I am not aware of any procedure for requiring an individual to be hospitalized for drug addiction.

In some situations, family can conduct an "intervention" where they confront the individual and convince them to voluntarily admit themselves to rehab. Your situation is tragic, but the person has to acknowledge that they need help before rehab can help them. There is a process for "judicial hospitalization" for people who exhibit mental health problems- someone has to...

Q: We requested an autopsy and they did not perform one what should we do

1 Answer | Asked in Medical Malpractice, Health Care Law and Probate for Tennessee on
Answered on Jun 30, 2017
Peter N. Munsing's answer
You can hire someone to perform the autopsy. However if the body has been buried permission is required.

Q: In case of fraudulent medical coding would this law apply. If the licensed coder was employed by a hospital?

1 Answer | Asked in Medical Malpractice and Health Care Law for Tennessee on
Answered on Jun 9, 2017
Peter N. Munsing's answer
Depends on the nature of the error or alleged fraud. You didn't say what the law was, but why not contact a member of the Tennessee Assn for Justice? They give free consults.

Q: If my child has been evaluated and volintary comited for evaluation, do I have leagal right to have him discharged?

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for Tennessee on
Answered on Mar 15, 2017
Leonard Robert Grefseng's answer
Based strictly on what you say in this question, I would say "yes" - as the parent ( I assume you have legal custody) you have the right to consent to treatment for your child or to withhold consent, or to withdraw consent.

However, if there are any court proceedings involved, this would change.

Q: Elderly couple - woman need conservatorship of spouse or guardianship?

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Health Care Law for Tennessee on
Answered on Mar 3, 2017
Leonard Robert Grefseng's answer
Someone ( most likely the spouse) should file to have him declared incompetent and a conservator appointed for him. SHE ( the wife) does not have to be the conservator, although as spouse she has the right to serve if she wants to. If she can't handle the chore, HE still needs a conservator, and in some jurisdictions, there is a "public guardian" ( kind of like a public defender) who can be appointed to act for those people who don't any kin willing to serve.

Q: What are the requirements for having an alcoholic/ mentally ill adult child committed for treatment against their will?

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Tennessee on
Answered on Dec 12, 2016
Leonard Robert Grefseng's answer
The involuntary commitment procedure is the only option, and it sounds like you have already tried this. The other hospitals may be releasing her because of financial issues. A doctor has to give his professional opinion that she is dangerous to herself or others, and while no one would ever admit this, people who don't have good health insurance will get released because there's no one to pay for the care. Our court system goes to great pains to make sure no one is deprived of their freedom...

Q: My mother is in the hospital, she is able to comprehend. Can she give me permission to do things?

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Tennessee on
Answered on Nov 20, 2016
Leonard Robert Grefseng's answer
If you are under 18, the law says you lack the required maturity to act for someone else. You may be very mature for your age, but unfortunately, the law applies to everyone, and it does not allow for "special exceptions". You should find another adult to act for your mother.

Q: Is it negligence or malpractice when a health provider refuses to give you medical care

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Civil Rights for Tennessee on
Answered on Sep 28, 2016
Peter N. Munsing's answer
It isn't required that they treat you. . Did you ask them for pain medication? Doctors these days are twitchy about people who ask for pain medication. k

However, the ACA and medical records act require they provide you with your records. If they have an attitude, if they are part of a larger organization--a hopital network for instance--the records will be electronically kept & they have to give you a copy. If you say you don't want paper, you want it on a disc, they can only charge...

Q: Can my 22 old aspergers son be involuntarily commited

1 Answer | Asked in Health Care Law for Tennessee on
Answered on Aug 21, 2016
Leonard Robert Grefseng's answer
ANYONE can be involuntarily committed for a brief time IF you can convince a Judge that they are dangerous to themselves of others. The process is called "judicial hospitalization" - Generally, thye can be held for 72 hours, long enough for a psychiatrist to evaluate and/or medicate them.

Q: Went to ER specifically to see neurologist he refused to come to ER to see me. Due care ????

1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Answered on Aug 11, 2016
Peter N. Munsing's answer
Need more information but neurologists see who they want, and even if the office told you to go there it's not anything you can bring a legal case about. Consult with a local attorney offering free consultations but that's my assay of your issue.

Do not discuss your concerns widely with medical staff otherwise the word will get back to the neurologist and you'll never see them.

Q: Can DCS take my baby away because I had no prenatal care?

1 Answer | Asked in Family Law, Child Custody, Health Care Law and Juvenile Law for Tennessee on
Answered on Aug 3, 2016
Leonard Robert Grefseng's answer
DCS never wants to take custody of children, and they do so only in the worst situations. It sounds like you had reasonable beliefs so I would not focus on what has happened in the past , but rather focus on the future. Get yourself to a doctor, take care of yourself, make plans for where you going to live and how you are going to take care of this child ( daycare?) and work to support yourself. Let the father know and if he is unwilling to help, contact the district attorney child support...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.