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Category: Health Law

  • The Role of Disability Attorneys Play in Getting People Disability Payments

    The Role of Disability Attorneys Play in Getting People Disability Payments

    A large number of people think that the Social Security program is just there for retirement purposes. But if you step back and analyze the name of the program, you realize it is for a great deal more than that. 

    Social Security is a safety net should you become injured and are unable to work as well as a payment plan for when you retire.  You paid into the Social Security system your entire adult life so you are entitled to these benefits should you need them. In fact, if you log into your account at Social Security, you can see the exact amount your payments will be. 

    Among the different kinds of lawyers you may need in your lifespan are disability attorneys. This attorney will assist you in building your case should you become disabled and need access to Social Security payments. The application needs to be thoroughly filled out and fully supported by medical evidence. Only about 24% of applications are accepted initially. If you want to be in that 24 percentile, it may behoove you to retain the services of an attorney. 

    A disability attorney in Melbourne, Florida recently told us that she receives most calls after a person has been denied disability benefits. The number one reason for the denial is simply the person’s failure to present a well-documented and thorough case. Remember, the employees at the SSA are not mind readers. They can only go off what they see on the application. It is up to you to give them accurate and appropriate information. 

    “People are usually shocked to learn they have been denied benefits,” the attorney told us. “They usually take it personally. But it’s not personal. They simply didn’t present a case that was undeniable. That’s where attorneys like me come into play.”

  • 6 Key Questions About Access to Medical Records Explained

    1. Who May View My Medical Records?

    Patient Rights: A patient has a right to obtain a copy of his or her medical records in paper or electronic form.

    Authorized Individuals: A patient may permit others, including family members, legal representatives, or healthcare providers, to access his or her medical records. This is often done through a signed consent form.

    Providers: Healthcare providers who are involved in your care may view your records to make decisions about your treatment.

    2. What is in My Medical Records?

    Medical records usually contain personal information, medical history, diagnoses, treatment plans, prescriptions, test results, and notes from healthcare providers.

    It may also include information about surgeries, hospitalizations, allergies, and vaccination history.

    3. How Do I Obtain My Medical Records?

    Request Access You can ask the healthcare provider or hospital where you received care to give you a copy of your records. Most facilities provide for online requests, phone calls, or even by a written request.

    Health Portals Most providers have a health portal through which patients can securely view and download their records.

    Timeframe and Fees: Providers generally have to respond to your request within a specific time frame (typically 30 days) and may charge a fee for copying and mailing records.

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    4. Are There Any Limits on Accessing My Medical Records?

    Some of the limits based on privacy laws are HIPAA in the U.S. For instance, access may be restricted if the records contain information that would harm your mental health or safety, or if they pertain to certain legal or investigative purposes.

    If the application is declined, you have a right to appeal the decision or complain with relevant health authorities.

    5. May I Update My Medical Records?

    Requests for Amendments: You are able to request an amendment to correct any inaccuracy in your medical records, and this should especially be made where the record may cause significant harm or result in some treatment being wrongly applied later on.

    Providers are to verify your request and, if appropriate, update the records. But they do not have a mandate to delete any information in your records; they may only attach a correction.

    6. How Does HIPAA Protect My Medical Records?

    Confidentiality and Security: HIPAA guarantees the confidentiality of the records of your health care provider and insurance coverage. They are supposed to protect your health information and provide access only to those who have been authorized to do so.

    Your Rights Under HIPAA: HIPAA gives patients the right to access, review, and request copies of their medical records, as well as to correct any inaccuracies. It also ensures that your health information is used and shared only with your consent or in specific, legally approved situations.

  • 8 Questions About Legal Obligations of Hospitals

    What are the legal obligations of a hospital in patient care and treatment?

    This question is about the duty of care hospitals owe their patients, which includes providing appropriate medical services and ensuring that treatment is up to standard.

    How do hospitals comply with HIPAA in maintaining patient privacy and confidentiality?

    This question focuses on how hospitals comply with federal regulations in terms of patient privacy, security, and the management of medical records.

    What are the legal requirements of informed consent in hospitals?

    This concerns the hospital’s duty to inform patients of the risks and benefits of medical treatments and alternatives as well as their consent before carrying out a procedure.

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    What are the obligations of the hospital when a patient files a medical malpractice claim?

    It must have policies to answer perceived medical malpractice cases, such as risk management measures, litigation, and filing documents.

    How do hospitals comply with the EMTALA?

    EMTALA requires hospitals to offer emergency medical care to everyone who seeks emergency medical treatment, regardless of their ability to pay or insurance status. This question illustrates how hospitals meet these requirements.

    What are hospital’s responsibilities to treat uninsured or underinsured patients in emergency?

    This centers on the hospital’s obligation to provide treatment for emergency patients, even when they have no insurance or no money to pay.

    What are the legal obligations of hospitals with regard to the reporting of communicable diseases?

    This is a question concerning the legal obligation of hospitals to report certain diseases to public health authorities to help in controlling outbreaks and safeguarding public health.

    How do hospitals ensure compliance with labor laws regarding the treatment of employees, including medical staff and other workers?

    This addresses hospitals’ legal responsibilities concerning fair labor practices, including compensation, working hours, and working conditions for employees.

  • 10 Common Questions About Legal Patient Rights

    What rights do I have as a patient?

    Patients have the right to receive appropriate medical care, to be informed of their conditions, and to make decisions about their treatment.

    Can a healthcare provider refuse to treat me?

    Healthcare providers can refuse treatment in some circumstances, including lack of resources, emergencies, or when a provider does not specialize in the care you need. They cannot refuse care based on discrimination.

    Can I refuse treatment or procedures?

    Yes, patients have the right to refuse treatment or procedures. This is often referred to as the right to informed consent.

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    What is Informed Consent?

    Informed consent is when a healthcare provider explains the risks, benefits, and alternatives of a treatment or procedure, and the patient agrees to it.

    Do I have the right to access my medical records?

    Yes, under laws such as HIPAA (in the U.S.), patients have a right to review and obtain copies of their medical records.

    If I feel that my rights are being violated, what should I do?

    You may file a complaint with the health care facility, state medical board, or any other relevant regulatory agency if you feel your rights have been violated.

    May I have a family member or friend involved in decisions about my care?

    Yes, you can have a person assigned to your medical care decisions if you cannot make them due to health reasons.

    Can my medical information be shared without my consent?

    In general, your medical information cannot be shared without your consent, but there are some exceptions. This includes when the situation requires it, like emergencies, public health concerns, or as per the law.

    Do I have the right to choose my healthcare provider?

    Yes, patients have the right to select their healthcare provider, though some insurance plans may have restrictions.

    Can I get a second opinion?

    Yes, patients have the right to receive a second opinion, and healthcare providers cannot prevent you from doing so.

  • 20 Frequently Asked Questions About Health Insurance Laws

    What is the Affordable Care Act (ACA)?

    The ACA is a U.S. law that aims to provide more Americans with access to affordable health insurance, reduce healthcare costs, and improve healthcare quality.

    What are the individual health insurance mandates?

    The ACA required individuals to have health insurance or pay a penalty, but the penalty was reduced to $0 in 2019 for most states.

    What is Medicaid, and who qualifies for it?

    Medicaid is a joint federal-state program providing health coverage for low-income people. Eligibility depends on such factors as income, family size, and disability.

    What is Medicare?

    Medicare is a federal health insurance program for people 65 years or older and some younger individuals with disabilities.

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    Can I be denied health insurance because of pre-existing conditions?

    Under the ACA, health insurance cannot be denied, and the charges for coverage cannot be higher, if there are pre-existing conditions.

    What is the Health Insurance Marketplace?

    The Marketplace is a program under which individuals can buy and sign up for affordable health insurance plans created under the ACA.

    What are essential health benefits (EHBs)?

    EHBs are the 10 categories of health care that Marketplace plans are required to cover, which include hospitalizations, maternity and newborn care, and prescription medications.

    What are the differences among HMO, PPO, and EPO plans?

    HMO (Health Maintenance Organization) needs the use of network providers and the need for a referral for specialist care. PPO (Preferred Provider Organization) offers greater flexibility but costs more. EPO (Exclusive Provider Organization) is similar to a PPO, but typically it does not provide out-of-network care unless you have an emergency.

    What is a premium?

    A premium is your monthly payment to your health insurance company to pay for your coverage.

    What is a deductible?

    A deductible is the amount you have to pay for healthcare services before your insurance begins to pay.

    What is co-insurance?

    Co-insurance is the percentage of healthcare costs you pay after you meet your deductible, like 20% of the bill for a doctor’s visit.

    What is a co-payment (copay)?

    A co-payment is a fixed amount you pay for a covered healthcare service, like $25 for a doctor’s visit, with the insurance covering the rest.

    Can my health insurance be canceled?

    Insurance companies cannot cancel your health insurance due to illness, but you may lose coverage for reasons like non-payment or moving out of a service area.

    What is a grace period for health insurance premiums?

    A grace period is the time after the premium due date during which your coverage remains active even if payment is late.

    What is a network provider?

    A network provider is a doctor, hospital, or healthcare facility that participates in your insurance plan’s network and offers services at a reduced rate.

    What is short-term health insurance?

    Short-term health insurance provides temporary coverage for those in transition or waiting for other coverage options, but it often offers less comprehensive benefits.

    What are the penalties for not having health insurance?

    Even though the individual mandate penalty was reduced to $0 at the federal level, some states may impose a penalty for not having health insurance.

    How do health insurance subsidies work?

    Subsidies reduce the cost of health insurance premiums based on your income, making coverage more affordable.

    What is a health savings account (HSA)?

    A health savings account is a tax-advantaged account where you can save money for medical expenses. You can contribute to an HSA if you have a high-deductible health plan.

    What is the difference between an employer-sponsored plan and an individual plan?

    Employer-sponsored plans are offered through your employer, whereas individual plans are purchased by the individual, usually through the ACA Marketplace or directly from an insurer.