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Questions tagged [health]

Questions relating to the practice of medicine or provision of healthcare

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2
votes
2answers
87 views

Can HIPPA be waived by contract with doctor and what constitutes one's 'medical status'?

I was at a doctor’s office, and in all of those forms was something that said something along the lines of I authorize the doctor to discus my medical status as his patient with government agencies. ...
1
vote
1answer
53 views

Can a specialist in a healthcare facility refuse to accept a previously discharged patient? (Tenn.)

Consider a person had been to a specialist practice facility (say facility A) for a medical concern. Unhappy with the specific doctor, he/she decides to leave the facility and look for a new facility (...
1
vote
1answer
1k views

Do pharmacies have the legal obligation to keep the prescription for 10 years in the United States?

Do pharmacies have the legal obligation to keep the prescription for 10 years in the United States? I am mostly interested for in the states of California, and Massachusetts. I am asking as this was ...
3
votes
1answer
2k views

Can a physician refuse to transfer records directly to another provider?

I understand that as a patient, I have the right under HIPAA to request a personal copy of my medical records at a reasonable per-page cost. I've received a letter from my physician's office stating ...
2
votes
1answer
3k views

What is the difference between “controlled substance” and “needing a prescription”?

I was prescribed a medication. The doctor said it was not a controlled substance. Why did he write a prescription? If it's not controlled couldn't I just go to the pharmacist and ask for the ...
2
votes
2answers
1k views

Can a Canadian doctor perform RFID chip implantation in a willing subject?

I want to get an RFID chip implanted in my hand for practical and entertainment purposes. I am a adult 100% aware of the risks and willing to undergo the (very minor) surgery, in which the small tag ...
1
vote
2answers
284 views

Does an employer have to provide employees with access to running water?

Suppose the water supply to the office block ceased, including tap water and bathroom facilities. The reason for the water supply discontinuing is unknown and there has been no communication on the ...
0
votes
1answer
110 views

Can a patient record interactions with their care providers under HIPAA?

A friend of mine is currently in a hospital where the staff have told her (verbally) on multiple occasions that "her stay will be covered by her insurance". Yet, she received several thousand dollars ...
1
vote
1answer
64 views

How can I discover what regulations a biomedical device needs to meet?

Please note: the contextual jurisdiction of this question is primarily the United States, but could be extended to European and Asian countries as well. The OpenBCI is a recently-funded startup that ...
0
votes
1answer
56 views

Affordable Care Act - Are Members of Congress Exempt?

I am curious as to whether Members of Congress are subject to the Affordable Care Act. The Affordable Care Act says they are: MEMBERS OF CONGRESS IN THE EXCHANGE.— (i) REQUIREMENT.—...
1
vote
1answer
415 views

Is there any law in France that gives medical patients a right to refuse treatment?

Is there any law in France that protects medical patients? For example, medication that excessively uses drugs as pain killers may result in bad effects. Can the family/relatives complain about it? ...
1
vote
0answers
313 views

Can my health care proxy make decisions over the phone?

I'm planning on setting up healthcare proxy paperwork, and trying to decide who to pick. I'm in the US, and the person I'd like to pick is in England and can't travel easily. I know it'll be harder ...
0
votes
2answers
53 views

Is it legal to practice psychotherapy between different U.S. states via electronic media?

Are there any laws against practicing psychotherapy across state lines via electronic media?
1
vote
1answer
52 views

Why does the FDA prevent the sale of health reports that may affect a diagnosis or treatment plan to consumers?

So I was reading an interesting article from MSN how a company can now map your genome for a relatively small fee. It mentions something confusing, that being that [...] the FDA restricts direct ...
0
votes
0answers
119 views

What is the processing time for a HIPAA complaint filed with Office for Civil Rights?

What is the processing time for a HIPAA complaint filed with Office for Civil Rights? I filed one two months ago (a lab who performed a blood test on a patient failed to send the results to the ...
6
votes
1answer
4k views

Can doctor's offices withhold test results for some length of time?

Massachusetts/USA here. I had a EMG a few days ago and scheduled a followup with my doctor for later in the month (about 3 weeks from now). I am very anxious to hear the results. I just called and ...
0
votes
1answer
160 views

Is it legal to not allow a parent into a doctor or dentist consultation?

My wife just witnessed something that I find ridiculous! She took my 6 year old child to the dentist and they have asked her to stay behind in the waiting room while they performed the x rays and ...
2
votes
0answers
52 views

If a doctor orders a Genome test from a patient

Does a patient have the right to obtain any data collected from a genetic test in the state of California?
2
votes
1answer
183 views

Is it illegal for a parent to refuse to pay medical expenses with child support in the USA?

I am asking one a friend's behalf. My friend's parents are divorced, my friend (18, F) is living with her mother and her mother's boyfriend (not married to each other). The mother receives child ...
3
votes
1answer
247 views

How to report an infraction of the HIPAA requirements?

In the United States, in accordance with HIPAA requirements, the lab who performed a blood test on a patient are required to send the results to the patient no later than 30 days from the date of ...
6
votes
0answers
85 views

Must doctors and other medical practicioners give treatments based on science? [closed]

I went to see a counsellor at my university and he said he wanted to do dream interpretation with me. After talking to other doctors and google searching, I found dream interpretation is complete ...
2
votes
1answer
229 views

In Canada is it legal for a doctor not to be able to do something they should know?

This is a strange question. A few years ago I was a victim of a crime and I had been feeling bad about it. I go to University and once was told it's a good idea to make use of the counselors there ...
1
vote
1answer
357 views

Can you sue minors only in America?

As I was reading the story below, I thought I must be reading The Onion, only to later see that it's The Guardian instead. http://www.theguardian.com/us-news/2015/oct/13/woman-nephew-broken-wrist-hug-...
1
vote
1answer
55 views

Mobile app Collects Children's Data

We are working on a medical app for children. (Of course parents will access the application.) Is it lawful to store children's health records on a webserver? My client says it's illegal; that we ...
8
votes
2answers
603 views

Was I forced into a mental hospital legally?

If, after an accidental Xanax overdose, a person went to the ER to be safe, is it legal for the hospital to force them into a psychiatric hospital for three days? What if the person told the nurses it ...
3
votes
1answer
146 views

Can a physician refuse to see patients that are not referred by their primary care physician?

In Massachusetts, USA, can a physician refuse to see patients that are not referred by their primary care physician? (Even patients whose health insurance does not require a referral for the ...
1
vote
0answers
29 views

Do you have to list ingredients in a food takeout business in New York State?

My wife just opened a food takeout business in New York State. She sells coffee, sandwiches, salads, pastas, danishes, and the like. Some of the products, for example some salads, pastas, sandwiches ...
2
votes
0answers
75 views

Accessing lab test results if younger than 18

Quest Diagnostics claims that "Lab test results are available to patients 18 years and older" in the written email that follows an account creation on their website. Why does Quest have that policy? ...
4
votes
2answers
927 views

Bed Bug Liability/Responsibility: Landlord or Tenant?

Situation: I'm currently paying someone monthly rent to live in one of the rooms of their house. There is no signed contract or any records of this exchange. Recently, the room I am in appears to ...
6
votes
2answers
483 views

Are pre-employment drug screening results not obtainable by the patient?

Can an individual require access to his pre-employment drug screening results in the United States? I am mostly interested in California and Massachusetts.
2
votes
2answers
200 views

Can a lab make patients pay to access test results?

Can a lab make patients pay to access their test results (e.g. blood test results)? The results are sent to the physicians, but the patients need to pay to access the results from the lab, even though ...
4
votes
1answer
530 views

Precedent of doctor being sued after giving his private phone number

I'm looking for a precedent of a doctor getting sued after giving his private phone number for a patient to consult, yet not being available at a moment of emergency.
1
vote
1answer
90 views

Doctor sending private information over whatsup for consultation

If a doctor sends screen grabs, taken by his smartphone, of different patients' confidential health files to other doctors for quick consultation, does that potentially violate any law? Could that be ...
5
votes
1answer
4k views

How long do patients have to wait to get lab results in California?

I read on http://www.chcf.org/~/media/MEDIA%20LIBRARY%20Files/PDF/E/PDF%20ElectronicLabResultsExchangePolicy.pdf : (CA = California). which means patients used to not be authorized to access their ...
5
votes
1answer
40 views

Log Viewing Specific Patient PHI?

Under the HIPAA and HITECH Regulations (US) is it required for a system to record an audit trail for every time a user accesses any PHI(Protected Health Information)? As I understand it, an audit ...
9
votes
1answer
2k views

Is it possible for me to break a lease that is co-signed if my health suffers from staying at the apartment?

Problem Overview I live in an apartment in Georgia and the tenant above me is smoking a lot of marijuana every day and has been doing so for the last three months. While inside the apartment, I ...
23
votes
4answers
2k views

Is “do not resuscitate” on a t-shirt a legal order?

A few months back, I watched a House episode that featured him violating a DNR order, and being taken to court for it. A few days ago, I've come across a do-not-resuscitate t-shirt on one of the t-...