Texas Health Care Law Questions & Answers

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

2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Answered on Jan 4, 2019
Allen C. Ladd's answer
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 fee waived. These forms, and their instructions, are available at a helpful USCIS website, www.uscis.gov/forms. Good luck, friend.

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

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Answered on Dec 13, 2018
Terry Lynn Garrett's answer
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 it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.

Q: What is the procedure for filing for judicial revocation of power of attorney in Bastrop County Texas?

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Answered on Sep 26, 2018
Terry Lynn Garrett's answer
Throughout Texas the signer of a Durable Power of Attorney (your mother) can revoke it by giving notice to everyone to whom it might be presented and, if it involves real estate, record the revocation in the deed records of the county where the real estate is located. That can be ineffective if notice is not given to someone and the agent under the Durable Power of Attorney presents it to them. Courts generally "revoke" a Durable Power of Attorney by appointing a guardian.

If someone...

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

1 Answer | Asked in Health Care Law for Texas on
Answered on Apr 25, 2018
Ryan P. Morrison's answer
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 government is acting like the police, or like a regulator -- there just happens to be specific penalties when you commit crimes against health care programs.

In contrast, the False Claims Act is a...

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

1 Answer | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on
Answered on Apr 9, 2018
Roy Lee Warren's answer
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.

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

2 Answers | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on
Answered on Apr 8, 2018
Grant St Julian III's answer
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.

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

1 Answer | Asked in Employment Law, Workers' Compensation, Appeals / Appellate Law and Health Care Law for Texas on
Answered on Apr 3, 2018
S. Michael Graham's answer
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 Luck.

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

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Answered on Feb 2, 2018
Grant St Julian III's answer
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?

1 Answer | Asked in Workers' Compensation, Employment Discrimination, Energy, Oil and Gas and Health Care Law for Texas on
Answered on Oct 26, 2017
Roy Lee Warren's answer
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 say basically your HA was NOT due to the natural progression of a disease that would occurred when it did, but occurred because of your job. Good luck.

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

1 Answer | Asked in Workers' Compensation and Health Care Law for Texas on
Answered on Oct 4, 2017
S. Michael Graham's answer
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 vehicle and you can use it all you want but you will have to make 1/2 the payments. This would be perfectly legal. This is how healthcare plans work as well. If you aren't currently working, then they will...

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.

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Texas on
Answered on Jul 11, 2017
Tammy Lyn Wincott's answer
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 be a person making the healthcare decisions for your son.

Perhaps, you should consult with a guardianship attorney where your son is living. There are attorneys with specific knowledge of...

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

1 Answer | Asked in Business Law, Civil Litigation, Medical Malpractice and Health Care Law for Texas on
Answered on Jul 7, 2017
Peter Munsing's answer
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.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Answered on Jun 1, 2017
Peter Munsing's answer
It was tacky but I don't see malpractice. Consult a local attorney but unless there was fallout you don't have damages.

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

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Answered on Apr 24, 2017
Peter Munsing's answer
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.

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

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Answered on Apr 17, 2017
Peter Munsing's answer
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 a cease and desist, though I would caution depending on her status, how she left may be volatile and you don't want to rush to get in her face.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Answered on Apr 3, 2017
Peter Munsing's answer
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.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Answered on Dec 15, 2016
Peter Munsing's answer
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.

You have no case to sue them for that I can see. At best you can make a complaint to the hospital authorities & the JCAH.

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

2 Answers | Asked in Health Care Law, Medical Malpractice, Consumer Law and Personal Injury for Texas on
Answered on Nov 23, 2016
Peter Munsing's answer
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 this, contact your states insurance commissioner.

Q: 36 yo daughter, bipolar, phys handicapped wants to go back to friends living on the street. can family prevent?

1 Answer | Asked in Family Law and Health Care Law for Texas on
Answered on Sep 22, 2016
Peter Munsing's answer
Could try for a guardianship but may not get it. Call in a family counselor?

Q: Is this a breach of patient confidentiality?

1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for Texas on
Answered on Aug 25, 2016
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers Assn who handles libel cases.

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