Questions tagged [health]

Questions relating to the practice of medicine or provision of healthcare

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2answers
56 views

Must all COVID-19 tests be fully reimbursed by health insurances in California, United States?

I read on one of the COVID-19 testing websites (https://www.sccgov.org/sites/covid19/Pages/covid19-testing.aspx but the following text can only be viewed but booking an appointment) [emphasis is mine]:...
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27 views

What protections are available when reporting problems at nursing homes?

Betty is a resident at a nursing home, where her bills are paid in part by Medicare/Medicaid. Betty's daughter believes the nursing home is providing substandard care: failing to provide her mother ...
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53 views

What are the privacy implications of using a prescription discount from the manufacturer?

Healthcare providers and pharmacies will sometimes offer a manufacturer card or coupon to provide a discounted price for a prescription product. My understanding is that pharmacies are bound by HIPPA ...
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1answer
125 views

Can a Pediatric Dentist Require Conscious Sedation or Refuse Treatement?

Pediatric Dentists regularly administer oral sedatives ("conscious sedation") to perform dental work on young children or toddlers because it makes them "cooperate" better. If a ...
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1answer
50 views

Can religious organizations be held accountable for disregarding public health measures?

Court decisions are preventing States from regulating religious gatherings for public health measures. That means that churches can disregard such measures but does not mean they are required to do so....
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2answers
166 views

What takes precedence, the law or first aid?

Earlier today a random question popped into my head, what takes precedence, law or first aid? So, my thought was brought on by the teacher going over basic first aid. If someone has heat stroke, get ...
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3answers
4k views

Do you have the right to demand that a doctor stops injecting a vaccine into your body halfway into the process?

There is a peculiar situation right now where the Oxford vaccine is suspected to be more efficient if the first dose is a half-dose: About 3,000 participants were given the half dose and then a full ...
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35 views

What steps must an employer take to keep health information confidential?

I asked this on workplace but perhaps it's a better fit here. With my job we are required to get COVID testing frequently. They normally hire different labs to do the testing so each time there's some ...
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2answers
96 views

If a public pharmaceutical company came up with a cure for a serious disease, is it possible they could not legally make it available?

Publicly traded companies, for better or worse, have legal obligations to their shareholders. If a publicly traded pharmaceutical company could make more profit for their shareholders by selling a ...
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1answer
73 views

In Germany, are doctors within the same institution able to access any patients' medical records?

I have a friend living in Germany who is seeking therapy in her small town. However, a problem that she is facing is that all of the psychological/psychiatric institutions in her town are managed by ...
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101 views

Lab provider says I owe them money, insurance company says I don't. Who is right?

tl/dr: My doctor told me some lab work would be fully covered, but the doctor didn't do the work themselves. They sent it off to a 3rd party lab service. Turns out that one particular test wasn't ...
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2answers
161 views

Is it legal for a parent who is against vaccines to prevent their child from receiving the preventative vaccine against rabies?

So this is a modified version of a question I asked on Biology.SE. I know that the vast majority of US states allow parents to opt out of giving their child a vaccine for religious reasons, and ...
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1answer
156 views

Can I get sued for putting bleach in someone's drink?

I had a slushie order, and we were out of water. There was a bottle of clear liquid, which I mistook as water. I put in around 3 ounces. Later, My boss informed me that the clear liquid under the ...
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2answers
122 views

Laws blocking the use of dogs to detect the coronavirus at airports?

Is there a law or regulation that prevents the use of dogs to detect the coronavirus at airports in the United States as it is done already somewhere else? Do other countries have laws like these ...
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2answers
93 views

Are paramedic required to recognize stroke and deliver the stroke victim to ER?

ER arrives for a somewhat confused patient. Her speech is slurred, she has no balance. Her husband has very limited English and calls his son to translate via Skype. The paramedics warn about the ...
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1answer
39 views

Is hospital ER liable for an injury of a deranged untestrained patient?

A stroke patient who is clearly deranged due to the stroke arrives to ER. The patient is not listening to instructions and acts out. The patient is told to stay on the bed and not to get up and left ...
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3answers
132 views

Are hospitals required to provide language interpreters to patients?

California, USA. The hospital is on COVID lockdown, no visitors allowed. The patient had a stroke, lost her English, but seem to understand her native language; she slowly and barely coherently speaks ...
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1answer
250 views

Is male circumcision without consent and without medical reason legal in France?

A lot of circumcision are realized on children in France without medical reasons. Are those operations legal or illegal ?
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1answer
124 views

Would the ADA allow a teacher with comorbidities relevant to COVID-19 to insist on teaching remotely in Fall 2020?

I am a professor at a large state university which has announced it will teach classes on campus this fall, and I am diabetic. I am very concerned about whether my university can provide an ...
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1answer
101 views

Does a patient have a right to obtain a copy of documents verifying a physician's claims of his qualification?

Some physicians offer online consultations to patients who reside abroad. In these cases do patients have an opportunity to verify the identity of the physician? Some information is not intended for ...
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1answer
61 views

When does “mental health” factor into penalizing an individual?

What is the reason behind a person with poor mental health wouldn't face the same repercussions as someone with good mental health for breaking the law? In extreme situations it could be used as a ...
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3answers
3k views

Does the New York State Governor have the authority to impose fines?

The New York State Governor has allegedly declared a "fine for violations of the state's social distancing protocol from $500 to $1,000...." The government website claiming that declaration ...
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1answer
1k views

Constitutionality of more restrictive bans on assembly

Virginia’s governor issued a ‘stay at home order’ that will be enforced by fines, and is in effect until June 10th, unless otherwise revoked. This includes the ban on groups of 10 or more. All public ...
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1answer
43 views

Who regulates the information related to the nutrients of a product?

On almost all the products we buy in supermarkets, we see a table like the following: However, can I producer give wrong information in these kinds of explanatory notes on the products? Who regulates ...
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0answers
1k views

Implications of Failing N95 Fit Test During COVID-19 Pandemic?

I am a Registered Nurse and have documented evidence in my NY hospital that I failed the N95 fit test for years. What are my rights surrounding this and the COVID-19 epidemic? I have a NIOSH compliant ...
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2answers
133 views

Costs of forced quarantine

In the US or the EU, who has to pay for a period of forced quarantine? The question pops up due to the recent coronavirus epidemic, but I see that for previous epidemics (Ebola, SARS, MERS) ...
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1answer
95 views

Is a letter from a non-US licensed physician legally valid to use prescription tint windows in California?

I read in the California Assembly Bill no. 1303 (September 2017) – amended medical exemptions: (10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows ...
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1answer
95 views

Which law in Australia prevent sunscreen manufacturers from displaying the PPD ratings on their sunscreens?

I read on https://labmuffin.com/sunscreen-review-2-bioderma-la-roche-posay/: The Canadian version has a PPD (UVA protection factor) of 42. Interestingly, even though there’s a known PPD value for ...
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1answer
74 views

Does displaying the UPF value on a textile have any legal binding in the United States?

I read on https://blog.coolibar.com/whats-the-difference-between-spf-and-upf/: Currently, in the United States, the standards for UPF are voluntary. This made me wonder: Does displaying the UPF ...
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1answer
185 views

Is it a violation of HIPAA to say that a baby was born?

If a medical worker tells someone the first name of a child born at a hospital on that day, is that a violation of the Health Insurance Portability and Accountability Act (HIPAA) ? Does it make a ...
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3answers
127 views

Are there any recommended or prescribed time limits for ambulance to reach a special need patient in case of emergency?

When I look for ambulance and how fast it should come, I find information regarding allowed driving speed. However, for planning hospitals and roads, one should no how much time is on average ...
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1answer
61 views

Is it lawful for some English NHS trusts to stock more kinds of medications than others?

Factual Situation My daughter lives in an area covered by a NHS Trust beneath that's not Oxford. Her migraine can be only treated with a triptan on Oxford's formulary, but not her own area's, like ...
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1answer
164 views

University dorm serving meat with vegetarian food

I'm a college student and a vegetarian. I've noticed in the last year and a half that the dining hall department sometimes serves vegetarian food on the same platter as meat food, and I let the staff ...
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2answers
152 views

Is it illegal to test someones abandoned DNA in the United States?

Let's say I suspect my friend (or spouse) has Huntington's disease. If I were to take their used tissue out of the garbage can and test it for Huntington's disease, would that be illegal?
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1answer
90 views

What can qualify as a terminal illness with respect to assisted suicide?

As an example, HIV used to be considered a terminal disease by doctors. Nowadays, there are treatments which extend life significantly for HIV patients, and doctors consider it to be a manageable ...
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1answer
71 views

United States HIPAA and New Zealand HISO from outside these countries

We are developing a software product for storing and managing health records in Australia, with the software product primarily targeted towards Australian healthcare organisations. This requires us to ...
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4answers
100 views

Is encrypted health data still considered personal data and subject to GDPR Art. 9 (1)?

I need to exchange data from a patient providing its own health data to a healthcare provider over my server. The data is encrypted on the patient's device by the public key of the healthcare provider ...
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1answer
41 views

How an Advance Medical Directive works in practice?

I will be signing a DPOA and Advance Medical Directive in a few days, but I live in a different state than the person those documents are for. If that person becomes incapacitated or is deemed unfit ...
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1answer
87 views

ARD / ZDF reduced bill or no pay at all

I have many years now "Tinnitus". I have already visited a doctor and he told me that i can use a hearing device or i should do an operation, if things go worse. A friend of mine said that as long i ...
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0answers
23 views

If a medical provider refers a patient to another medical provider/business, do they have to disclose any financial interest they may have?

If a medical provider refers a patient to another medical provider or medical business (e.g., an imaging lab), do they have to disclose to the patient any financial interest they may have in the ...
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2answers
452 views

Gun ownership prior to involuntary commitment

My father gave me a family gun when I was 16. Let's say I was involuntarily hospitalized recently do to an antidepressant overdose. Am I required to turn in my gun?
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1answer
29 views

Are warning labels required by law in Washington State

I'm relatively new to Stack Exchange but I figured that for the sake of my question this is the most relevant website to ask on since I am researching the health risks of energy drinks. I have ...
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2answers
1k views

Do I have to pay the dental bill that is much higher than estimate?

I got a crown and the color was different from other teeth. The dentist wrote to me that he would remake the crown free of charge. After starting the remaking process, he said his time was free but ...
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1answer
126 views

Does a medical center's acceptance of a partial payment imply establishment of a payment plan?

Related: Hospital billed me for services that I explicitly refused. Are there any legal ramifications for hospital? After my wife went to the doctor I received a bill that I considered wholly ...
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1answer
94 views

Is it legal to sell gases for human consumption (as supplements or otherwise) such as oxygen, nitrogen, or nitrous oxide

This question is based on the FDA's Federal Food, Drug, and Cosmetic Act, where they list medical gases as being regulated by the FDA. There is ambiguity, however, as the act puts an emphasis on high ...
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2answers
92 views

How to get my Hospital bill settled down for a service that I didn't receive?

Last January, I was very sick from a common cold that I could barely drive myself to Hospital. I somehow pulled myself to the Hospital gates and had a checkup with the Physician there. They check me,...
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1answer
1k views

Why are toxicology reports made public?

The recent news on Mac Miller's cause of death reminded me that I'm always puzzled when toxicology reports are made public. Is this mandated, and if so, is it by state or federal law? Why? Otherwise,...
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76 views

Can i create a software which can store doctor prescription?

I have developed a software which can store doctors prescription digitally. wondering if there would any legal complications on it. Any laws preventing that sort of software/practice in united states. ...
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2answers
70 views

Can a health provider (physical or mental) contact my family to ask them questions without my permission?

Can a health provider (physical or mental) contact my family to ask them questions about me without my consent? Can they do it if they don't disclose their reasoning or any medical information and ...
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1answer
215 views

How much privacy about my health am I giving up if I participate in my employer's wellness screening program?

My employer is having a "Wellness Screening Fair" where you can receive free testing for things like cholesterol and insulin, and I imagine advice about how to interpret the results. Sounds good.. But ...