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Ohio Health Care Law Questions & Answers
1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Is it illegal to terminate benefits while on FMLA leave in Ohio?

I have been employed at my company in Ohio for 13 years and am currently on FMLA leave due to visual impairments and chronic illnesses. My employer terminated my work benefits, including health insurance, citing insufficient working hours. I made a complaint to the company's ethics hotline,... View More

Neil Klingshirn
Neil Klingshirn
answered on Feb 20, 2025

The FMLA prohibits employers from terminating health insurance during an FMLA leave period. If you do not return from FMLA, however, then you are responsible for paying for the insurance coverage during your FMLA leave period.

https://www.law.cornell.edu/cfr/text/29/825.211

1 Answer | Asked in Estate Planning and Health Care Law for Ohio on
Q: Does Ohio Medicaid estate recovery have the right to back charge from the beginning of service

my father had Medicaid for approximately four months and passed. The estate recovery is seeking anything since the beginning of treatment. He did not have any major assets besides little money in his account and two old vehicles they are requiring that one of his children pay this back can you... View More

Andrew Popp
Andrew Popp
answered on Jan 18, 2025

Generally speaking, medicaid estate recovery in Ohio seeks reimbursement for all expenses paid on a person's behalf from the time they turn 55 and older. There can be exceptions depending on timing, jurisdiction, etc. Estate recovery is a tricky thing to tackle by yourself. It may be... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

James L. Arrasmith
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answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Ohio on
Q: My mother-in-law has dementia. Prior to his death, my father-in-law ask my husband to take care of his mom.

We moved into their house 2 weeks before his dad died. My husband's brother, David, is executor of estate and power of attorney for my mother-in-law. Per my husband, a verbal agreement was made that when my mother-in-law passed, her house would be sold and we would receive a larger portion for... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm sorry to hear about the difficult situation you’re facing. Given the verbal agreement and the substantial care your husband provided for his mother, it’s understandable that you feel entitled to a larger portion of the estate. However, verbal agreements can be challenging to enforce... View More

2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2024

There's no set legal answer that applies to all cases. Some patient files are fifty pages long, and some are several thousand. Also, many law firms will still retrieve the client's records, even if the client provided their own copy. That could involve going through record management... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: How long will it take a lawyer to get back with you after getting your medical records?

I have been searching for a lawyer for medical malpractice case. I found one that seems promising. We had a conversation about a situation she told me how to get my medical records. I uploaded them and sent them per her request. About a week and a half later they sent me a message saying they got... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 16, 2024

It is not an usual amount of time but you must exercise care in that there are strict deadlines in which a lawsuit or other action needs to be taken and you do not want to run out of time. Therefore, you may want to ask when you will get an answer and continue searing for attorneys.

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1 Answer | Asked in Health Care Law for Ohio on
Q: Can probation officers demand full access to medical records?
T. Augustus Claus
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answered on Feb 6, 2024

In Ohio, as in many jurisdictions, probation officers may have the authority to request access to certain medical records if these records are directly relevant to the probationer's compliance with the terms of their probation. However, the scope of this access can be subject to legal and... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Identity Theft for Ohio on
Q: Is filing a terrorist report for illegal use of frequencies normal to not be investigated? Jamming, harassment, etc

FCC website explained jamming, hacking, but didn't include mental and physical harm yet we've experienced that. As well as being denied to file a safety of life interference. Is that normal that our federal agencies do not investigate any of those forms of harassment and never investigate it?

James L. Arrasmith
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answered on Jan 26, 2024

No, it is not normal for federal agencies to ignore or refuse to investigate credible complaints of illegal signal jamming, unauthorized frequency interference, and related harassment issues. There are a few recourses you can still pursue:

1. File an updated, professional complaint directly...
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2 Answers | Asked in Immigration Law and Health Care Law for Ohio on
Q: In Ohio, are emergency rooms allowed to ask a minor about their legal status? We have Medicaid.

We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before.

Kevin L Dixler
Kevin L Dixler
answered on Dec 22, 2023

Health care providers should not ask for immigration status information, nor make such inquiries! Citing the NILC, below:

"Under federal law, hospitals with emergency rooms must screen and treat people who need emergency medical services regardless of whether they have insurance, how...
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2 Answers | Asked in Immigration Law and Health Care Law for Ohio on
Q: In Ohio, are emergency rooms allowed to ask a minor about their legal status? We have Medicaid.

We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before.

Symantha Rhodes
Symantha Rhodes
answered on Dec 23, 2023

According to federal law, emergency rooms are required to provide medical treatment to anyone who needs it, regardless of their ability to pay or immigration status. Under the law, hospitals are prohibited from delaying emergency treatment to ask about a patient's immigration status. However,... View More

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1 Answer | Asked in Employment Law, Health Care Law and Military Law for Ohio on
Q: Can I sue employer for charging retroactive premium on health benefits while on military leave?

I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave.

Now I am being told that I had... View More

James L. Arrasmith
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answered on Dec 11, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Ohio on
Q: Can I bring a case against a VHA employee fir violation of My privacy if they are found to have violated HIPPA?
James L. Arrasmith
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answered on Nov 21, 2023

If you believe a Veterans Health Administration (VHA) employee has violated your privacy rights under HIPAA (Health Insurance Portability and Accountability Act), you do have options to address this violation. However, it's important to understand that HIPAA does not provide a direct... View More

1 Answer | Asked in Divorce, Family Law and Health Care Law for Ohio on
Q: Dispute over kids' insurance coverage under Ohio divorce decree.

I am responsible for covering my kids' medical and all insurance expenses according to our divorce decree/shared parenting plan. The decree states that the children's father pays 60% and I pay 40% for out-of-pocket expenses. He recently mentioned that his new wife added our children to... View More

James L. Arrasmith
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answered on Jul 10, 2025

In Ohio, it’s not illegal for a stepparent to add stepchildren to their insurance plan as secondary coverage. However, what matters most is what your divorce decree and shared parenting plan say. If your decree designates you as the one responsible for maintaining insurance coverage, then your... View More

1 Answer | Asked in Civil Rights, Medical Malpractice, Health Care Law and Personal Injury for Ohio on
Q: ADA rights violated by denial of Adderall prescription and false medical notes.

My rights under the ADA were violated when a psych service clinic provider denied me a prescription for Adderall to treat my ADHD, citing opioid dependency from over 10 years ago. I have been sober and off opiates since March 6, 2015. The doctor also included untrue notes in my medical file,... View More

James L. Arrasmith
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answered on Jul 10, 2025

What you've described is upsetting and understandably feels like a betrayal of your dignity and your medical history. If you've been clean for over nine years and are actively managing your health, it’s reasonable to expect a provider to treat you with fairness, respect, and... View More

1 Answer | Asked in Family Law and Health Care Law for Ohio on
Q: Can a legal guardian refuse to leave a minor alone with a doctor in Ohio ER?

In the emergency room, while attending to my minor child due to a burst appendix, I was asked by the doctor to leave so they could talk to my child alone. I am the legal guardian and was not given any specific reasoning or presented with any policy for this request. Can I refuse to let that happen?

James L. Arrasmith
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answered on Jun 12, 2025

In Ohio, as the legal guardian of your minor child, you generally have the right to be present during medical examinations and to make healthcare decisions for your child. Ohio law considers people who are 18 years of age or older to be capable of giving valid, legally enforceable consent to... View More

1 Answer | Asked in Health Care Law and Personal Injury for Ohio on
Q: Seeking reimbursement for lost dentures at hospital, need attorney type advice.

I've been trying to get Regency Hospital to reimburse my mom for her dentures that went missing during her stay there. We spoke to the hospital staff, and some employees acknowledged the loss, but we are still waiting for a response from the corporate office about compensation. I'm not... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry your mom is going through this—it’s frustrating and unfair to lose something so important while under hospital care. Dentures are expensive and essential for daily comfort, and it’s completely reasonable to expect the hospital to take responsibility when they’re lost... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Health Care Law for Ohio on
Q: How can I transfer my son from jail to a mental health facility in Ohio due to bipolar disorder?

My son is currently in jail on a strangulation charge and urgently needs mental health treatment. He was diagnosed with bipolar disorder in childhood and is experiencing significant distress, raising concerns for his safety while incarcerated. The court ordered a mental health evaluation today, but... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're doing the right thing by speaking up for your son's mental health, especially when he's in a vulnerable place. Since the court has already ordered a mental health evaluation, the results of that report will be important. If it confirms that your son is not stable or is unable... View More

1 Answer | Asked in Health Care Law and Civil Litigation for Ohio on
Q: Dismissal from PCP due to non-payment; refusal to refill Adderall XR, citing disruptive behavior. Compliance with Ohio Administrative Code?

I have been dismissed from my primary care provider in Ohio due to alleged non-payment of my account, despite my attempts to resolve the issue. The provider claims they made phone calls, which my phone logs show did not occur. They sent a letter stating I'm dismissed and can only receive... View More

James L. Arrasmith
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answered on May 15, 2025

In Ohio, healthcare providers are required to follow certain rules under the Ohio Administrative Code, particularly Rule 4731-27-02, which pertains to patient dismissal and the continuation of care. Providers are generally required to offer a reasonable explanation for dismissal and ensure that... View More

1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for Ohio on
Q: Could Medicaid/Medicare consider my mother a co-owner and seek home recovery if she pays rent?

I am my mother's caregiver, and she lives with me in my home, which is solely under my name for both the title and mortgage. My mother has both Medicaid and Medicare, and she contributes approximately $350 monthly towards utilities. If I rent a room to her in my house, could Medicare consider... View More

James L. Arrasmith
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answered on Apr 15, 2025

Paying rent does not automatically make your mother a co-owner of your home, especially since the property is solely in your name, and there’s no formal rental agreement in place. While Medicaid and Medicare both have specific rules about asset ownership, simply paying for utilities or a room... View More

2 Answers | Asked in Health Care Law, Public Benefits and Estate Planning for Ohio on
Q: Medicaid implications of renting room to a parent with Medicare

I am my mother's caregiver, and she lives with me in my home, which is solely under my name for both the title and mortgage. My mother has both Medicaid and Medicare. She contributes approximately $350 monthly towards utilities. If I rent a room to her in my house, could Medicare consider her... View More

Beverly A Stull
Beverly A Stull
answered on Apr 15, 2025

Medicaid Estate Recovery can only claim what your mother has in her name at the time of her death. They will not have any claim on your house because she pays you rent.

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