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Tennessee Health Care Law Questions & Answers
1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: Since my insurance policy is administered by my company out of state, does the 30 day rule apply?

My divorce was final June 3ed after many delays. No formal notice was issued to my spouse.

Anthony M. Avery
Anthony M. Avery answered on Jun 22, 2020

There is no 30 day rule. I assume you are talking about an Appeal or setting aside the MDA. You were supposed to inform the Spouse of the Termination Of Insurance. In effect, you have lied to the Court. The Spouse has grounds to Set Aside the Divorce, possibly up to 1 year from Judgment.

1 Answer | Asked in Business Formation and Health Care Law for Tennessee on
Q: As a pharmacist, am I able to virtually counsel patients from other states? Are they 'virtually' in TN?

Hello, I am a Pharmacist in Tennessee, and I want to start an online pharmacist consulting business involving reviewing patient's medications, recommending optimal therapy based on best evidence, answering drug information questions and providing cost-savings by finding cheaper alternatives... Read more »

Paul E. Tennison
Paul E. Tennison answered on May 18, 2020

You are likely in need of a business attorney to advise regarding these points. I recommend you consult with an attorney for detailed answers to these questions and deeper discussions of potential legal risks in this new business plan and ways you may mitigate that risk.

The law generally...
Read more »

1 Answer | Asked in Contracts, Family Law, Civil Rights and Health Care Law for Tennessee on
Q: How can someone get their power of attorney back from a guardian?

I'm married and polyamorous, my boyfriend was forced to sign over his legal rights to his family because he's disabled. His family recently decided to control everything he does, including a rule that he has to update them on where he goes. He's 25 and fully functioning. He wants to... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 8, 2020

Normally, a power of attorney can simply be ended by the rejection of the POA. However, it this is court ordered as you question suggests, he will need to retain counsel, file a petition and have a hearing to prove the POA is no longer needed.

1 Answer | Asked in Health Care Law for Tennessee on
Q: What happen if the doctor said my baby will get 4 shots,but when a nurse come with only 2 shots,so is that correct?

this is the second time make me concerned about the vaccine,my nephew went to different doctor and he got 4 shots,but my baby only got 2,i just want to make sure my baby got enough vaccines for living healthy,

Bennett James Wills
Bennett James Wills answered on Oct 30, 2019

This is a question for your doctor.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Tennessee on
Q: Had a heat stroke fell face first. Was released from emergency room .went to see another Dr. His diagnosis was...

Emergency room ran no test ..another Dr.said i have fracture skull n bleeding on the brain...

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

You'd get the best input from a Tennessee attorney, but your question remains open for two weeks. From the description, it's difficult to tell exactly what happened. At any rate, it's unlikely that an emergency room ran no test(s). You could arrange a consultation with a Tennessee... Read more »

1 Answer | Asked in Traffic Tickets, Civil Rights and Health Care Law for Tennessee on
Q: Teen daughter got a ticket for speeding in school zone. The lights wasn’t flashing & wasn’t time for school to dismiss.

The zone they got her in school let out an hour after the time on her ticket.

Anthony M. Avery
Anthony M. Avery answered on Sep 17, 2019

The Daughter might hire an attorney, or might represent herself. She needs to be very polite, and try to explain what happened to the Prosecutor or Judge. But it is very likely she will be found guilty, and the Appeal is De Novo to Circuit, that is not cheap or easy. The Officer will certainly... Read more »

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
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
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
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... 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
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
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
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
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... Read more »

Marjorie A Bristol
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
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
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 C. Head
William C. 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... Read more »

Leonard Robert Grefseng
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...
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
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
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.

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