Can I go after my healthcare which is Molina Health care for wrongly denying me services as it worsened my condition?

I have lymphodema & am facing possibly losing my legs due to Molina Health care denying me home care svcs for a period of about one year. During this time my wounds have become much worse. I am constantly in the emergency room due to major infections. Molina at a later date did approve a few home care visits for the nurses to come and dress my open wounds but then after a few visits Molina denied them again. I filed a grievance w/ Molina & no sooner rcvd a letter from Molina stating that they may have wrongly denied me. I also rcvd another letter stating I have 44 home health visits left. Now they are back peddling but the damage is done to my legs. I have photos of the pus infected open wounds I have had in the past as I am physically unable to cleanse & wrap my open wound by myself

Nathan’s Answer

I am sorry to hear of your health condition. I hope you feel better soon.

In matter such as this, where you may have a cause of action against another for negligence, it is important to talk with a qualified attorney about the details of your case. There may have been a standard of care that was not followed, and as a result, you were harmed. There also may be breach of contract whereby obligations and responsibilities were not followed, and because they were not followed, you were harmed. There may even be intent or fraud or unfair business practices. Without more details, which you would hopefully provide an attorney in a free consultation, you can find out more about your rights, and what you can do to enforce them. Best of luck.

A dentist is charging me for treatment I never got, what can I do?

i got a free consultation from a dentist for orthodontic treatment, and was scheduled to go back to get the treatment but cancelled the appointment. I then got a bill in the mail from them for $500 including a late down payment and a late first months payment. I called and told them this isn't correct, I never got any treatment from them. They proceeded to say they can't do anything & they want their money and proceeded to ask for my work phone number, my email and a lot of personal information. I just hung up and I'm at a loss of what to do. I don't want any of this mess or anything going on my credit that I haven't paid for something that I never recieved!

Nathan’s Answer

It would be wise to ask for a copy of any paperwork they have that suggests you agreed to pay for services not given. If they cannot produce that, and are still coming after you, you may want to give an attorney a call.

Relationship between California Law and California Code of Regulations.

I am studying for my architectural license exam in California. I would like to know the relationship between California Law and California Code of Regulations. Is one a subset of the other? Where can I find information about this? here are the links to each: http://leginfo.legislature.ca.gov/faces/codes.xhtml https://govt.westlaw.com/calregs/Index?transitionType=Default&contextData=(sc.Default) Thank you for your help.

Nathan’s Answer

Keep in mind that Title 24 of the CCR, the California Building Standards Code, is not maintained by the Office of Administrative Law, but by the California Building Standards Commission. The regulations derive from the International Building Code and are thus under copyright to a large degree and are therefore usually not reviewable for free, but they still have the force of California law. These regulations have been made to be reviewed freely (due to non-profit efforts) at

https://law.resource.org/pub/us/code/safety.html

Should I be talking to my ex about a visitation schedule for our toddler? We went to mediation and accomplished nothing.

Due to the DV restraining order that I have against my spouse (did not include physical abuse) , we have visitation orders in place as we are working through our divorce in the court system. (I think these orders only need minor tweaking, my ex wants a complete overhaul). At this point, every conversation we have (no matter how brief) includes a request to talk about a new visitation schedule. I have tried (three times) to converse regarding schedule changes over the phone, but those convos (1 hr+) get derailed and fail miserably. I would now prefer to wait till the JCC or SOC or whatever relevant court hearing comes next instead of wasting time on the phone. Is this an appropriate step, or should I continue making an effort to try and talk to my ex about developing a new schedule

Nathan’s Answer

You are not prohibited from trying to work something out. However, if you notice a pattern where you are not getting anywhere with informal negotiation, it may be appropriate to wait until a 3rd party reviews the matter. The mediator usually issues recommendations to a judge that can be discussed at court by the parties, with the judge making the final decision.

I work as a Health Facilities Evaluator Nurse. We inspect health facilities to ensure compliance with Centers for Medicare

Services (CMS). CMS contracts the work to each State. California sub-contracted the position in LA to LA County. I worked in LA then transferred to Riverside. Can I keep senority since I have a federal, State, and LA County ID # and still represent CMS doing same job? No training was required, I started work immediately, but I'm being treated as a new employee.

Nathan’s Answer

HFEN's work as state employees, while helping enforce state and federal law. If someone in your position is seeking to carry over seniority credits, one must communicate with the personnel office of the new department in order to determine if seniority credit will carry over. This is important because if there is a layoff or reduction in force, a non-senior person may be let go first. There may even be collective bargaining agreement provisions that restrict how seniority is to be calculated. Please contact the personnel office as soon as possible.

What legal court action can I take against my new mortgage co. that has violated the mortgage contract and FHA RESPA section 6?

I and my wife own 1/2 undivided interest and my parents owned the other half in a duplex that we all lived in at the time under a 30 yr. ARM HUD/FHA escrow insured loan. 20 yrs. into it our former mortgage co. began to make changes to the terms and to the contract without written notice. We submitted verbal complaints. They were not corrected. My parents passed away shortly afterward. The mortgage co. sold the contract. The new mortgage co. has denied that we are equal borrowers under the note. That is false. We ARE included in every legal recorded document. We submitted a 17 pg. written complaint under RESPA reserving private action under section 6. They confirmed receipt but they NEVER responded in accordance to the law. We are now in default because of their actions. What should we do?

Nathan’s Answer

The statute of limitations may have run on this matter in relation to loan origination. Foreclosure defense by way of lawsuit and seeking restraining orders against the sale of the property would have to be based on properly alleged causes of action for conduct for more recent actions than 2 decades ago. Review by a qualified attorney would help assess whether violations under the Homeowner's Bill of Rights for example, exist.

I contracted with a person who seemed licensed but turns out was not duly licensed. What do I have to prove?

I contracted with a person who on the website for California contractors, comes up as a contractor. But it turns out that he was a partner in a firm and he was not the qualifying partner.

I was not an owner builder and I did not sign the permit, it was all done by the contractor.

The permit lists his firm (the partnership that is licensed) as the contractor. He said that they had nothing to do with this deal.

He is seeking payment and is going to take legal action. My understanding is that he individually should have been licensed.

But he has claimed he is my employee because he did not have a license. I will obviously need an attorney to sort this out but I was just wondering overall, what should I be investigating about the case, the paperwork etc.

Nathan’s Answer

An adversary party demanding payment is attempting to put liability on you by suggesting the unlicensed contractor is your employee. The further suggestion will be that you are responsible for faulty contracting as well as workers' compensation insurance. All this can usually be avoided if an agreement is made only with licensed (and insured) contractors. You will need to collect all relevant documents related to this matter to assess it properly, or better yet, hand it off to a qualified, licensed attorney.

I want to open a medical dispensary in CA, what type of licenses do I need to get started, how much, and where do I get them?

what exactly does "being compliant mean?" I just want to open my shop and become as legal as possible.

Nathan’s Answer

Senate Bill 420 (The Medical Marijuana Program Act) is a good place to start. If you are starting from the ground up, you will be expending an outlay of an average of about $75,000. If you are using a turn key provider, you may very well pay over $100,000. You'd want to have an attorney do their due diligence on the paperwork, the entity, and their bona fides.

To be compliant means you have to abide by all laws applicable and to do that you have to ask yourself why you are opening a medical dispensary. Many major counties are banning dispensaries currently, with Co-ops suing the County of San Bernardino currently. Also, there is a labyrinth of local ordinances, and Federal laws as well. If a dispensary is not compliant, seizure by federal agents is not uncommon. However, the US Department of Justice suggests the risk is much less likely if you are abiding carefully by state law.

A dispensary will need to be filed as a non-profit via articles of incorporation that conform to the Corporations or Food and Agricultural Code. You may also be required to abide by local ordinances that require you to obtain business permits. Zoning may be an issue that would need to be addressed. Taxation of medical marijuana by CA would require a seller's permit as well.

You will also need to address and work within the limitations of what the local ordinances allow regarding business hours, security, advertising, number of individuals on site, etc. The number one reason for raids is when a dispensary flouts its status and draws an unruly crowd, that then draws neighborhood complaints that escalate to the federal level.

Also, security is paramount, independent of the compliance angle. Assuming you only buy/sell from other co-ops as required by the law, are issuing medical marijuana to actual patients, are abiding by all other rules and regulations, you should be fine, but that doesn't mean you can't be an easy target for criminals seeking to make a quick profit. Security is paramount in such an undertaking.

The following is a helpful overview of the state of cannabis law in California:

http://www.safeaccessnow.org/california_legal_information

Consult with an attorney if you feel like the requirements for compliance are overwhelming.

Will juvenile arrests bar me from obtaining a real estate license?

I have been in trouble in the past as a youth. As an adult I have never been in trouble. I currently work for a bank and have no issues with getting employed. I have been told in the past that juveniles cannot be convicted could this mean I am off the hook?

Nathan’s Answer

Juveniles can be convicted, but it is the exception, not the rule. The wise thing to do would be to order a Live Scan report on yourself and see if any convictions or other history exists. If you have been adjudicated as a juvenile, you may be entitled to seal the record. If an arrest did not lead to adjudication, you will most likely not have to report anything. Keep in mind government does occasionally make mistakes in reporting; ordering a Live Scan allows you to be one step ahead since this is the report the BRE will be using. If there is an error on your Live Scan report, you can report the error for correction. If a juvenile record does exist, it would be appropriate to have an attorney review your filled out application before you submit it to the BRE.

Making Home Affordable

I have been working with Making Home Affordable since June, when the new lender purchased my loan. He stated in Aug that we were 3 weeks out for approval. Now without receiving any certified slip to pick up from post office, or notice, I was told by my tenant that it is in foreclosure, and sale date is 10/14. I contacted Making Home Affordable, he told me everything would be fine, now they state, I need to file bankruptcy to stop the sale date. I questioned him how this happened, since he had been working on it, and he said, it was the lenders fault for not letting him know what was needed. Is there a way to stop the sale before the 14^th

Nathan’s Answer

As others have mentioned, a bankruptcy will help stop the sale better than filing a lawsuit and asking for an injunction. If it is too late to do either, it would be prudent to check whether the property was purchased, or if it went back to the bank as a credit bid. If it went back to the bank, it may behoove you to contact counsel to determine whether something can be worked out with the bank in relation to obtaining a rescission of the title back into your name.