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Tennessee Health Care Law Questions & Answers

1 Answer | Asked in Health Care Law for Tennessee on

Q: I have Medicaid and Aetna. I delivered my baby over a year and half ago and they will not process the claim.

I have sent the COB on multiple occasions. I have even called and informed them they are my primary insurance. My other insurance is federally funded and even they admit they should pick up what Aetna does not cover. What should I do?

Paul E. Tennison answered on Jul 11, 2019

You may want to consult with an attorney. This could be a case that could be solved by sending a demand letter to Aetna explaining the facts and your position that they should cover you. If that does not work you may have to litigate the issue. I recommend you bring all the relevant documents and... Read more »

1 Answer | Asked in Consumer Law and Health Care Law for Tennessee on

Q: I swallowed a piece of plastic inside a ballpark hotdog can I sue

Tim Akpinar answered on May 11, 2019

You could consult with a Tennessee attorney about such a case, and some of the fundamental questions that would arise are: what damages did you sustain, and are there medical records to support those damages.

Tim Akpinar

1 Answer | Asked in Collections and Health Care Law for Tennessee on

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

Anthony M. Avery answered on Nov 20, 2018

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... Read more »

1 Answer | Asked in Collections, Health Care Law and Internet Law for Tennessee on

Q: What if it has zero nicotine

Tim Akpinar answered on Sep 12, 2018

It looks like part of your question is missing and may have inadvertently been left out.

1 Answer | Asked in Health Care Law and Estate Planning for Tennessee on

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

He was diagnosed 30 years ago with Bipolar Disorder and has been off his medication for the past 6-7 years. He has been homeless and last year we were able to get him a house. He was living well on his own until about 2 weeks ago. He has taken a sudden turn for the worse. He refuses to go to... Read more »

Marjorie A Bristol answered on Feb 24, 2018

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.

1 Answer | Asked in Family Law, Collections and Health Care Law for Tennessee on

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

The hositpal sent me an email stating what I owed up front, if I cannot afford that at the time of arrival can they deny me?

Marjorie A Bristol answered on Jan 26, 2018

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.

1 Answer | Asked in Divorce, Health Care Law and Insurance Bad Faith for Tennessee on

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

It is in the divorce decree that he maintains health insurance.Do i pick up the insurance since he is claiming he cannot?

Leonard Robert Grefseng answered on Jan 9, 2018

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... Read more »

2 Answers | Asked in Elder Law, Health Care Law and Estate Planning for Tennessee on

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

This man has had his daughter banned from receiving any information about his health almost every time he has been admitted to the hospital and has told multiple friends and family members he doesn't want her involved. Somehow she figured out the password to come see him and has taken over as next... Read more »

Marjorie A Bristol answered on Jan 5, 2018

Without a power of attorney for health care, the daughter is the next of kin. Legally she gets to make the call.

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1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on

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

have my adult stepson locked away because of his mental illness.. the lawyer told me the three questions a judge would ask and my stepson could answer every one of them.. brother thinks that I should pay the 28 hundred dollars and try anyway.

what are the questions a judge would ask my... Read more »

Marjorie A Bristol answered on Dec 21, 2017

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... Read more »

1 Answer | Asked in Health Care Law, Libel & Slander, Family Law and Medical Malpractice for Tennessee on

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

Marjorie A Bristol answered on Dec 21, 2017

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!

1 Answer | Asked in Civil Rights, Education Law and Health Care Law for Tennessee on

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

the student had a virus, the medications along with medications to treat the disability clashed causing him to first be euphoric, then to go into a stupor missing his deadline for finals. The trainer gave him samples of OTC meds, the doctor gave him presciptions and then the Psychiatrist gave him... Read more »

William Head answered on Aug 16, 2017

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.... Read more »

1 Answer | Asked in Family Law and Health Care Law for Tennessee on

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

She doesn't work, 27 years old, did have a high IQ. Not sure what damage drugs have done. We do know some of her memories are actually her 16 year old sisters memories. There is so much she does not remember. We just found out she has been doing meth for almost 3 years, smokes pot all the time,... Read more »

Leonard Robert Grefseng answered on Jul 18, 2017

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...
Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law and Probate for Tennessee on

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

Peter N. Munsing answered on Jun 30, 2017

You can hire someone to perform the autopsy. However if the body has been buried permission is required.

1 Answer | Asked in Medical Malpractice and Health Care Law for Tennessee on

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

Would the hospital be liable instead of the individual coder?

Peter N. Munsing answered on Jun 9, 2017

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.

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for Tennessee on

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

Leonard Robert Grefseng answered on Mar 15, 2017

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...
Read more »

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Health Care Law for Tennessee on

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

Man has Alzheimer and Parkinson and is unable to care for himself. He is in long term care and wants to check out against medical advice. His wife is unable to care for him. What are her options to make sure he stays and receives the care he needs?

Leonard Robert Grefseng answered on Mar 3, 2017

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... Read more »

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Tennessee on

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

Our daughter is 26 and has been in 3 rehabs and been medically detoxed more times than we can count. She also suffers fro anxiety, depression and PTSD. Upon release from her latest rehab last week, she began to drink again, and in less than 2 weeks time, was placed in 2 72 hour involutary psych.... Read more »

Leonard Robert Grefseng answered on Dec 12, 2016

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... Read more »

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Tennessee on

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

My mom is 58 and i live with her, I am 16

Leonard Robert Grefseng answered on Nov 20, 2016

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.

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Civil Rights for Tennessee on

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

I went to see a healthcare provider for back and knee pain. He gave me Motrin and sent me on my way without asking questions or taking any tests. A couple weeks later I went back fro extreme pain and swelling in my legs and feet to the point my feet were turning blue. Provider said it was a... Read more »

Peter N. Munsing answered on Sep 28, 2016

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...
Read more »

1 Answer | Asked in Health Care Law for Tennessee on

Q: Can my 22 old aspergers son be involuntarily commited

He's diagnosed with aspergers...he's an alcoholic...

Leonard Robert Grefseng answered on Aug 21, 2016

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.

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