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Texas Health Care Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Texas on
Q: I have a couple questions

1. I live with my boyfriend who has 2 adult daughters they do not live at home. The other night after being told not to come over they both barged in the house to come over “talk” to me . Haha they come to stir up problems. I told them to leave I wasn’t talking to them I went to bedroom shut... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 8, 2020

This question is marked as both Georgia and Texas. The exact rules that apply will depend on the location of the house. If the house is in Texas, you can't legally exclude them from the house if they are invited by their father... but you could leave him and move somewhere on your own... and... View More

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Texas on
Q: Can I bring legal action against a doctor that has not responded to seven requests for a prescription refill?

When I contacted the office her assistant told me the doctor has told her to "ignore" all requests for a refill from pharmacies. I have sent two texts and called twice. I am out of my meds at this point, all for hard to treat depression. I have been trying to get refills for two weeks.

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2020

This is a question best handled by a Texas attorney, but you await a response for four weeks. I'm sorry for your difficult situation. If the doctor is refusing to refill based on a medical reasoning in support of your best interests, that could provide them with justification. If they do not... View More

1 Answer | Asked in Health Care Law and Immigration Law for Texas on
Q: Im pregnant & have a daughter, we are both citizens. My husband is an immigrant.Will applying for medicaid affect my hub
Stephen Arnold Black
Stephen Arnold Black
answered on Jan 31, 2020

It will as far as you being the financial sponsor. You must show sufficient income to act as his sponsor, and if you cant meet that minimum, then you will need to find someone else who can act as the joint financial sponsor.

1 Answer | Asked in Health Care Law for Texas on
Q: If I cure every disease possible and I can prove it and I need help distributing it

I have more information if your interested

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 14, 2020

You haven't asked a question. If you are able to cure every disease then you should get a patent as soon as possible.

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.

Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries... View More

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2019

I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you... View More

1 Answer | Asked in Libel & Slander, Elder Law and Health Care Law for Texas on
Q: What type of attorney do we need and do we have a case for defamation of character? Are they obligated to train us?

My dad is in the hospital and has a tentative discharge date for next week where he will he is supposed to be sent home and we will take care of him. The hospital told us they will give us adequate time to train us to take care of him at home, but when I ask them if they will train us they tell me... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2019

A Texas attorney could advise you best, but your question remains open for two weeks. It sounds like the type of attorney you need is a health care attorney. If you want to pursue the false statement, that would be a defamation attorney. Before bringing attorneys into the mix, why don't you... View More

2 Answers | Asked in Estate Planning and Health Care Law for Texas on
Q: A friend is dying. He has one sister and they don’t speak. I don’t know how to contact her and he doesn’t want to. I am

His medical power of attorney. Is it too late to get him to sign a will in hospice? I just want to use his money to pay for his cremation if he even has enough.

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Sep 26, 2019

Legal capacity to sign a Will is not determined by whether or not one is in hospice. You might want to contact a local elder lawyer: we make house calls. If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (eee.naela.org)

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1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: I was told if the state steps in to over see my elderly mother who has dementia they would take her home Is this true?

I live with my elderly mother who has dementia in her home. She is getting to the point where I can't care for her (no one has power of attorney) and I was wondering if I contact Adult Protective Services, would they help me get her help because she wont let me help her. And also someone told... View More

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Sep 23, 2019

Not in Texas. You may want to help your mother enter a memory care or a skilled nursing facility, though if she is being neglected because you cannot care for her at home anymore (when would you sleep?), Adult Protective Services may step in. If she has a medical necessity for nursing home care,... View More

1 Answer | Asked in Insurance Bad Faith, Family Law, Health Care Law and Medical Malpractice for Texas on
Q: Hello, my question is can a doctor be a beneficiary on an insurance policy in Texas. But I have the death certificate

and how can a doctor get a death certificate and he did not sign for it. also, the doctor does not want to meet with me or talk to me and my mother was mentally ill so I feel she was not in her right mind.

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2019

'Sorry that your question remains open for four weeks. At this point, it might make more sense to contact someone directly, either a Texas attorney who deals with life insurance claims litigation, or a knowledgeable licensed insurance professional in Texas who underwrites life insurance... View More

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: Would a medical poa prevent the APS from removing my dad from his home?

Even though they consider him incompetent he still drives, bathes himself, cooks, does own laundry, fixes stuff around the house, has own bank accounts, etc.

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 16, 2019

Having a POA does not stop the State from removing someone if they believe they are in danger. As I suggested before, you should immediately contact an elder law attorney who does guardianships as well.

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: If I have a POA can the state remove my father from his home because they think he's incompetent?

Started out as complaint about apparent self neglect then escalated to incompetence. Dad does drive safely, does own shopping, bathes, feeds himself, even shaves himself.

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 16, 2019

Do you have a medical power of attorney or just durable POA? I suggest you contact an elder law attorney asap. Sometimes, these investigations can get blown way out of proportion very quickly.

1 Answer | Asked in Health Care Law for Texas on
Q: Is it illegal for a therapist office to keep your money even though insurance paid 100% of the bill?

The therapist office says it will not refund us our money, because they are worried that CIGNA will recoup it's payments. However, it has been about two months since I brought this to their attention that they were getting double paid. They owe us almost $600.

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 13, 2019

You may reach out to the Texas State Consumer complaint department or contact your health insurance provider and tell them.

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Q: Puerto Rican hospice patient, made POA there.

I am hospice social worker in Texas. I am also a Texas notary. Dtr having difficulty getting POA honored in USA b/c it is in Spanish. Patient is now demented so can’t make a new one.

How can I help.

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2019

I suggest obtaining a certified translation of the document and attaching it to the original.

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
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... View 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... View More

Daniel John Christensen
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... View More

Allen C. Ladd
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... View 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
PREMIUM
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... View 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
PREMIUM
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... View 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
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
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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