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Texas Health Care Law Questions & Answers

1 Answer | Asked in Tax Law and Health Care Law for Texas on

Q: What happens when a company pays employees with a personal check without a pay stub every pay period?

Bruce Alexander Minnick answered on Apr 5, 2019

There is no law or regulation requiring the use of a business account to pay employees. However, there are laws requiring all employers to inform all their employees--at least annually-- of the exact dollar amount they were paid and the exact dollar amounts of all deductions taken out of each... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Texas on

Q: Can i file a claim if an unreported superficial injury at work is exasperated by the daily job routine?

I overstretched my wrist at work but it seemed superficial at the time. Continued use of wrist at work exasperated the issue and it eventually required medical attention. Turns out i tore a couple ligaments. Incident occurred 2.5 months ago, but i didn't realise it was serious until i had to see a... Read more »

Daniel John Christensen answered on Feb 13, 2019

I am sorry to hear about what you have gone through. A lot of my advice would depend on whether your employer subscribes to worker's compensation insurance. Please contact our office for a free consultation and we can give you the advice you need. 512-888-9999. We look forward to speaking to you.

2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on

Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

Got here when I was 4 & my folks got my Perm Residency (Green card?) many years ago. I would’ve already become a citizen like my mom & sis but I became disabled (another issue I need help w/since it seems that at least 1of my early docs messed up & is in jail 4 killing & harming others like... Read more »

Allen C. Ladd answered on Jan 4, 2019

OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing... Read more »

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1 Answer | Asked in Elder Law and Health Care Law for Texas on

Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?

my dad does not believe that she is doing this. he states he wants her there. we need to get him checked by a doctor to see if he is not going through some mental issues. we have reported the concerns to the company but they state that what she is doing is ok.

Terry Lynn Garrett answered on Dec 13, 2018

If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that... Read more »

1 Answer | Asked in Health Care Law for Texas on

Q: Does the Health Care Fraud Act fall under the umbrella of the False Claims Act or are they two completely separate laws?

Ryan P. Morrison answered on Apr 25, 2018

My expertise is in the False Claims Act, but as I understand it, the Health Care Fraud Act is a criminal statute, calling for criminal fines and/or prison sentences for certain conduct that defrauds government health care programs. Think about it this way: the Health Care Fraud Act is when the... Read more »

1 Answer | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on

Q: Can someone turn themselves in to State Hospital instead of jail?

Can someone with a non violent misdemeanor warrant in Travis County admit themselves into State Hospital to receive mental health care and serve their sentence there instead of jail? Or will they just be transferred to jail after they receive treatment?

Roy Lee Warren answered on Apr 9, 2018

In my experience they can turn themselves in to the hospital but unless the court places a hold on them they will not get credit for the time they serve. I think you would be better off hiring a lawyer to work that deal out beforehand. Good luck to you.

2 Answers | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on

Q: Can someone turn themselves into state hospital instead of jail?

Can someone with a non violent misdemeanor warrant in Travis County admit themselves into State Hospital to receive mental health care and serve their sentence there instead of jail? Or will they just be transferred to jail after they receive treatment?

Grant St Julian III answered on Apr 8, 2018

If the warrant in question is not a mental health warrant, a State hospital has no basis to admit or keep you. Call an attorney in the County where the warrant is pending.

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Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

I have been employed with United Healthcare since 2009 a new supervisor was transferred to our company from Florida. I received a letter stating I will be terminated as of 4/2/18 even though I did not voluntarily quit. My insurance was all so cancelled I am still under psychiatric care due to I had... Read more »

S. Michael Graham answered on Apr 3, 2018

Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney. Good... Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Texas on

Q: Can I sell my used underwear? The underwear is brand new, I would just wear it for a couple hours.

I will put the underwear in a baggie and seal it, then wrap it in tissue appear and put it in a USPS padded envelope. Is it illegal?

Grant St Julian III answered on Feb 2, 2018

You can sell worn underwear if anyone wants to buy it; just make sure you disclose the fact you have worn the items

Q: Can I sue my company after they ignored health complaints?

The heart attack occurred after I complained to my boss that I was not feeling well, I explained my chest was hurting. He told me to be quiet and go to work. 20 min later I had a massive heart attack while attempting to work.

Roy Lee Warren answered on Oct 26, 2017

If they have wc you are limited to filing a claim for wc. Heart attacks (HA) are difficult to prove so I suggest hiring the best WC lawyer you can find. They handle cases on a contingency fee basis so if the lawyer does not win, you owe nothing. HA require proof from a medical provider that will... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Texas on

Q: What does group plan terminated due to termination of employment mean as far as my job goes

I'm currently out on workmans compinsation and I recieved a cobra election form letter saying that my plan is terminated due to termination of employment. I called my director of human resources but was told he didn't know what was going on and that he would call me back by the end of day and I... Read more »

S. Michael Graham answered on Oct 20, 2017

Your employer probably pays group health premiums on your behalf and you also pay a portion. The same is probably true with your life insurance. If you aren't working, then they will not continue to make payments on your behalf until you return. They will and can legally cancel your private health.... Read more »

1 Answer | Asked in Workers' Compensation and Health Care Law for Texas on

Q: Am I responsiblefor my portion of healthcare payments while on workman's.

Employer pays half and I pay half

S. Michael Graham answered on Oct 4, 2017

I'm assuming you are referring to your private healthcare coverage and not your workers' compensation. Your employer is not legally required to provide you with any healthcare coverage. Essentially, this is a fringe benefit. For example, your employer could say we will provide you with a new... Read more »

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

Q: How can I get Power of Attorney for 48 year old Son that has brain damage is in Nursing Home. Has short term memory.

Son was in car accident, has a son that is 25 years old and has exploited some of his Fathers Social Security Disability money.

Tammy Lyn Wincott answered on Jul 11, 2017

If you suspect someone of unlawfully using another's social security monies, you may begin by making a claim with the social security office; they take these very seriously.

Your son may have designated a guardian or person with power of attorney. You might seek a guardianship. There must...
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1 Answer | Asked in Business Law, Civil Litigation, Medical Malpractice and Health Care Law for Texas on

Q: Is a referral (from dr to psych) sent with clearly visible medical information written on it a HIPAA violation?

The letter has handwritten info clearly legible on the paper beside my address (inside the envelope, viewable through the little cellophane window). The note clearly says that it's a referral to a mental health professional. Anyone who saw that letter could possibly now know my medical information.... Read more »

Peter N. Munsing answered on Jul 7, 2017

Not necessarily--and if it is there aren't many remedies. Unless you have reason to believe someone read it it would be hard to prove any privacy case, but why not speak with a local attorney to see what they suggest.

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

Q: Trying to get legal advice. Had wisdom teeth removed and they started to cut open gum before I was fully asleep

They were also talking rudely about me whilst I was still awake (they thought I was asleep) they put towel over my face so they couldn't see my eyes were open and I had to tell them I was awake. I heard them talk about me and make rude comments about my British accent and more. I heard them say I... Read more »

Peter N. Munsing answered on Jun 1, 2017

It was tacky but I don't see malpractice. Consult a local attorney but unless there was fallout you don't have damages.

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

Q: I'm pregnant the doctor gave me a pap smear & every since than I've been having compilations with my pregnancy

A few days after pap smear I miscarriage

Peter N. Munsing answered on Apr 24, 2017

A pap smear wouldn't make you miscarry unless something bizarre happened. Contact a member of the Texas Trial Lawyers for a free consult, but note that because miscarriages happen for hundreds of reasons and for reasons medicine can't explain, any miscarriage case is difficult.

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on

Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

If a provider left on bad terms, although voluntary, can they use former employer's contact numbers to write their prescriptions? I have had a few calls from pharmacies regarding her prescriptions for other patients. Is there any legal issues with this? Is there something that could place our... Read more »

Peter N. Munsing answered on Apr 17, 2017

Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to send her...
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1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on

Q: June of 2015 I was misdiagnosed and almost died because of staff at Huguley Hospital. Is it too late to file a lawsuit?

Peter N. Munsing answered on Apr 3, 2017

Depends on what the fallout is. You may be able to get some of the bills off. But to find out contact a member ot the Texas Trial Lawyers Assn that handles medical carelessness cases--they give free consultations.

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

Q: ER guy threw my insurance card back at me when I was rushed to the hospital. what can I do?

The other day, I was rushed to the ER due to intense pain. There I was asked to fill out the form to 'check in.' The pain intensified and I saw nothing being done. My friend rushed me to another nearby ER. I was asked to fill out the form again. The check in guy kept asking me questions, even... Read more »

Peter N. Munsing answered on Dec 15, 2016

learn to give answers--they have to know your name, details, otherwise they get screwed. That doesn't mean they can't have an attitude, but you can't assume that they have to treat you first, ask questions later. They need a medical history. They can't start "treating pain" without background.... Read more »

2 Answers | Asked in Health Care Law, Medical Malpractice, Consumer Law and Personal Injury for Texas on

Q: Q: Maybe I can a straight forward answer about Healthcare (obama Care) My Cataract surgery and Post op care.

I had cataract surgery on one eye in June 2016. I had Insurance . I had been 20/400 in left eye. Cataract surgery was finally approved to regain my vision. Soon as procedure started I heard Dr. say OH S*** which scared me. I was awake and heard the saying went through posterior on 1st cut to... Read more »

Peter N. Munsing answered on Nov 23, 2016

as to the decline to renew, haven't heard about that but with Obamacare still in effect and it's open enrollment you should be able to get a new plan.

However on the decline you need to understand why, make copies, ask your state legislators and your US congressperson and senators about...
Read more »

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