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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.

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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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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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

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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1 Answer | Asked in Health Care Law and Public Benefits for Ohio on
Q: Will marriage affect our children's Medicaid eligibility?

My partner and I have two children currently on Medicaid. We both work full time with individual annual incomes of $41,000 and $38,000, respectively. I previously lost Medicaid coverage due to my income. If we decide to get married, could this affect our children's Medicaid eligibility based... View More

James L. Arrasmith
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answered on Apr 13, 2025

Getting married could impact your children's Medicaid eligibility depending on the income guidelines for Medicaid in your state. In many states, Medicaid eligibility is based on the household's combined income, which includes both parents' earnings. If you marry, your combined income... View More

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Am I entitled to the full $3300 FSA election after employer plan change?

I found out that my employer didn't set up my FSA for this year and then switched healthcare plans in February without offering me a new FSA option. They deducted nearly $600 from my payroll, which they are now offering to return. I elected for the full $3300 for the FSA. I received... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on federal regulations governing Flexible Spending Accounts (FSAs), this situation appears to involve potential violations of ERISA (Employee Retirement Income Security Act) and IRS regulations. The uniform coverage rule for FSAs generally requires that the full annual election amount be... View More

1 Answer | Asked in Health Care Law and Civil Rights for Ohio on
Q: Is discussing medical info in open dialysis setting a privacy violation?

I am receiving dialysis treatment in a center where all patients are treated in a large, open room, and the doctors discuss personal medical information within this setting. Despite expressing discomfort and requesting a private meeting due to privacy concerns and my hearing issue, my request was... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your concerns about privacy in the dialysis center are valid and important. What you're describing may constitute a violation of privacy laws, particularly the Health Insurance Portability and Accountability Act (HIPAA) in the United States, which requires healthcare providers to take... View More

1 Answer | Asked in Criminal Law, Civil Rights and Health Care Law for Ohio on
Q: If someone is being charged with a crime while in the hospital are they allowed a phone call and/or visits?

A family member was injured in a shooting and taken to the hospital. We weren’t allowed to see him the first 3 days he was there. 2 days after we were permitted to see him an officer came in, announced he was being charged, cuffed him to the bed, asked everyone to leave and take everything that... View More

James L. Arrasmith
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answered on Oct 16, 2024

I'm sorry you're going through this difficult time. Typically, individuals who are charged with a crime while in the hospital retain the right to make phone calls, especially to legal counsel and family members. Hospital policies may allow visits, but security measures can sometimes... View More

1 Answer | Asked in Health Care Law for Ohio on
Q: If my 33week old is in the nicu and I want him to be transferred to another hospital can I do that
James L. Arrasmith
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answered on Oct 16, 2024

Transferring your 33-week-old from the NICU to another hospital is possible, but it involves several important steps. First, discuss your wishes with the current medical team. They can provide guidance on whether your baby is stable enough for a transfer and what medical records will need to... View More

1 Answer | Asked in Health Care Law and Family Law for Ohio on
Q: Is my exhusband committing medicaid fraud?

So we have joint custody but in our parenting plan it clearly states I am to handle all drs dentist an eye appts an bc of that her medicaid is also under my name an my case an he has started to sneak her to appts with out my knowledge an her appts have been double an her insurance only will pay for... View More

Nicholas P. Weiss
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answered on Jun 7, 2024

It's not fraud, but it is a violation of your parenting plan. This could be handled by filing a motion to show cause.

2 Answers | Asked in Real Estate Law, Collections, Health Care Law and Probate for Ohio on
Q: Hello. I'm wondering is there a statute of limitations for a property title lein in the state of Ohio?

I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More

Aaron Epling
Aaron Epling
answered on Jan 12, 2024

I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.

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