Skip to main content
Tracy Green
Avvo
Pro

Tracy Green’s Answers

292 total


  • Do i have to stop? The complaint describes a MMJ dispensary, which we are not.

    Im in california. I have ran dispenaries for over six years. I currently have started a Hemp based products store and have received a notice to cease and desist because the san diego sheriff says it is a schedule 1 drug. I dont agree and as i unde...

    Tracy’s Answer

    • Selected as best answer

    You need to consult with an attorney and determine how to respond. Other counsel is correct that listing your company name and address in this public forum is not a good idea. DEA's position for years has been that to determine which hemp products are legal and which are not one looks at whether the product causes THC to enter the human body. If the product does cause THC to enter the human body (such as vaping or consumption food and beverages), it is an illegal substance that may not be manufactured, sold, or consumed in the United States.

    Included in the category of lawful hemp products are textiles, such as clothing made using fiber produced from cannabis plant stalks. Also in the lawful category are personal care products that contain oil from sterilized cannabis seeds, such as soaps, lotions, and shampoos.

    Get counsel and good luck.

    See question 
  • My question is would I lose my security license by taking this plea deal even if it is deferred adjudication?

    I was arrested for dwi first offense. I was offered a lesser charge of obstructing a highway as a plea deal which would be Classs b misdemeanor, a deferred adjudication offense. My question is, I am a security officer and according to the administ...

    Tracy’s Answer

    Check with an administrative lawyer in your city and look at the reportable offenses from the agency governing your security license in Texas and see if a deferred adjudication with a plea (even with later dismissal) counts as a reportable conviction. Here in California it would have to be reported but I don't know about Texas. Research first so you know all the consequences of your plea agreement. i've seen too many people find out after the fact. Good luck.

    See question 
  • What can I do to make right and keep it as self paid. Please advise. Thank you

    I was convicted of a federal crime spent 2 years in prison followed by 3 years of supervised released and ordered 178,000 in restitution at 200 per month. July of 2014 I filled out finances report and got my payment reduced to 150.00. Because of ...

    Tracy’s Answer

    Find a local lawyer who does collection law. There may be grounds on which you can challenge the 25% garnishment due to other expenses or protected assets. You can also seek to negotiate with the AUSA who is handling the collection efforts. Good luck.

    See question 
  • Can I legally provide medical care to Medicare or Medicaid patients for cash only? I am federally excluded.

    As a cash only physician, is it legal to charge a Medicare or Medicaid patient cash only, and is it legal to charge any privately insured patient cash only? I will be back in medical practice soon and want to be sure that my business practices are...

    Tracy’s Answer

    Without knowing all the specifics - here are general legal OIG exclusion principles: Since you do not take Medicare or Medicaid, you can charge cash. The same with private insurance patients as long as you are not contracted with any of the private insurance companies. Having a health care attorney review the specifics of your practice would be prudent so you can ensure that you are following the law. Good luck.

    See question 
  • Should & can the "Ancillary Services Agreement" be signed by both myself & my MD who IS a California Medical Corporation?

    I need an attorney with California Medical Law/Contracting Experience. I own and run an outpatient therapy facility and have a physician who is an independent contractor as our Medical Director who oversees the whole program. (She has her own pra...

    Tracy’s Answer

    These are technical health care law issues. The outpatient therapy facility is governed by rules by different boards (physical therapy for example) and physicians cannot be employed by a non-medical entity (even as 1099) except under certain circumstances. A health care lawyer would need to know what services are provided, the types of providers, and so on. Want to be mindful of corporate practice of medicine issues rather than just whether an "ancillary" contract is appropriate. Having "consulting medical advisors" to your program is unusual . . . but I think you need to look at your company's structure as well as the contract. Good luck.

    See question 
  • Could you please let us know what can be done in this case.

    Hi we have taken the travel Insurance (health) for My father . He got stroke when he was overseas . we submitted the claim for the same. Claim got rejected saying that you didn't declare the existing conditions. Facts and Details : 1. ...

    Tracy’s Answer

    You need to file an appeal and seek an insurance coverage attorney to address these issues. Good luck.

    See question 
  • Can I Apply for disability benefits, medi cal or do we make to much ?

    I was born with MDA , I'm 51, with a family of 5. My wife is the bread winner, combined income about 75,00.00 I'm self employed. As I get older my disability is making it harder & longer to get things done.

    Tracy’s Answer

    Although these are not enough facts to assess or answer your question, it appears you need to consult an attorney who specializes in Social Security disability. If you are deemed disabled then you may be eligible for Medicare and then if low income and deemed SSI, you get Medi-Cal as well. Your income seems too high now for Medi-Cal but that's an eligibility issue. I am assuming you do not have private disability insurance. These forums are good for general advice but this is too specific and fact specific. Hope this helps you get moving in the right direction.

    See question 
  • Can white collar crime thats a felony or grand theft involving money be settled in a civil information

    Just wanting to gather information

    Tracy’s Answer

    Settlement of the case on civil grounds may give the prosecutor some grounds, in addition to other facts, to determine it is more of a civil business dispute rather than a crime. In California state court, we have some cases that are dismissed after a civil compromise has been released but the facts need to support that it is appropriate. It will also depend on the complaining party's position and how far the case is in the system. Hire lawyer who can handle sensitive criminal and civil cases. Good luck.

    See question 
  • Medical insurance denied bills. Can you please tell me what are my options? How should I pursue this? Thanks

    Hi I have a question regarding the medical insurance. In August, last year (2015), my parents and my younger brother(with his wife and 1.5 yr kid) came to US to stay with me. I had bought the insurance for parents and for my nephew from img...

    Tracy’s Answer

    I recommend getting a copy of the policy and the application your relatives completed (or that you completed on their behalf). Have a lawyer review for insurance coverage issues. If your mother and nephew do not have coverage, they may be eligible for emergency Medi-Cal as well. You need an insurance coverage attorney to address this. Good luck.

    See question 
  • Can they be made to pay for the inspire implant

    I have sleep apnea and try get an inspire implant and was denied by the health insurance company. They based their decision on outdated information and they were given updated info with no response. I tried a CPAP machine but the insurance company...

    Tracy’s Answer

    Without knowing all the facts and codes, here are some general thoughts. Seek professional advice by someone who can review records for actual legal opinion. Generally, it seems you'll need to appeal and get the physician to write a statement supporting your medical necessity. You'll have to review the insurance guidelines as well. Watch the deadlines and get help from your doctors and prove your work schedule as well. You may need to submit all your prior medical records showing why CPAP machine didn't work. Do a detailed summary and do not count on carrier reviewing your records.Submit it all in 1 package. Be thorough and seek professional help if needed. Good luck!

    See question