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Ohio Health Care Law Questions & Answers
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

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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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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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 Elder Law and Health Care Law for Ohio on
Q: My mother died this past July. Am I responsible for her medical bills and her stay at a nursing home

Yesterday someone from the nursing home put paperwork that says I am responsible for her bill.

Beverly A Stull
Beverly A Stull
answered on Nov 12, 2023

As long as you did not sign documents as the responsible person for your mother's bills, you are not responsible. If you were your mother's agent under a power of attorney, and if you signed as her agent, you should have put a POA by your name to designate that you weren't signing... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Ohio on
Q: rehab denying my meds!

I am currently in a court ordered rehab facility, i have been prescribed a benzodiazepine for serious panic and anxiety. the rehab facility is trying to deny my medication. i have also read the handbook i signed and it says no such thing about that drug being regulated.

James L. Arrasmith
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answered on Oct 15, 2023

If you have a valid prescription from a licensed physician and the rehab facility is denying you access to your prescribed medication, there may be potential legal implications. Firstly, review all documents you signed when entering the facility to ensure there isn't a specific provision... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Ohio on
Q: My health insurance company is denying to pay hospital & ambulance bills. What type of practice area should I use?

My Insurance company says pre existing, but it clearly states within 5 years on policy we signed and it has been closer to 8 years since treatment for condition. I'm starting to get second notice bills from hospital & ambulance service. Do I start making small payments to providers or... View More

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2023

An Ohio attorney could advise best, but your question remains open for a week. There are attorneys who handle health care claims. If you're considering consulting with an attorney, first review your paperwork. That could help make the most of a meaningful consult. Review your policy, review... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Ohio on
Q: I got mail from my insurance compancy saying they arent going to pay for the dental exams that I had already done.

I believe my insurance company covers dental exams and also i had the exams done on march 14 but the date that the insurance company mailed the letter to me was july 22, which i think is not right

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, one option is to call the claim examiner and ask about the reason for the denial. If you consult with an attorney on the claim, that's one of the first things... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Ohio on
Q: Hipa Law discrimination

put on a Safety Hold due to medical reasons . I am a Truck Driver

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Your medical condition could constitute a physical disability for which you are entitled to a reasonable accommodation. HOWEVER- the employer does not have to accommodate the condition if you remain a danger to yourself or others, with or without the accommodation. Blind people cannot be... View More

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1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Can a nurse be fired in ohio for reporting a one time incident of a patient safety concern to management?
Tim Akpinar
Tim Akpinar
answered on Apr 16, 2023

An Ohio attorney could advise best, but your question remains open for two weeks. At this point, you could consider reaching out to whistleblower law attorneys in addition to employment law attorneys. This is an area of law (I don't think there's a category on this forum) that deals with... View More

1 Answer | Asked in Employment Law, Health Care Law and Immigration Law for Ohio on
Q: What are the legal requirements for the employee to obtain a hospital sponsored green card?

Hello,

I am an international student that came to the USA on an F-1 visa. My visa expired in 2021 but I maintained residency in the US until I graduated from my nursing program. I have a work an employment authorization document for optional practical training, this permit expires on... View More

James L. Arrasmith
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answered on Feb 25, 2023

Congratulations on your job offer and the opportunity to apply for a green card sponsorship through your hospital.

The requirements for obtaining a green card through employment can vary based on the specific type of employment-based immigrant visa category for which you qualify. Your...
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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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1 Answer | Asked in Estate Planning and Health Care Law for Ohio on
Q: My mother is in process of losing everything to Medicaid, can an irrevocable trust help?

They want them to pay by the day or lose the family farm. My mother has tried contacting her lawyer several times about an irrevocable trust. She has heard nothing. Is there anyway to stop the look back and/or deli the process?

Moshe Toron
Moshe Toron
answered on Oct 16, 2022

It depends on a number of factors. Is she married? Does she have a child living there? Does she have any disabled children?

She needs to speak to an attorney that specializes in elder law.

1 Answer | Asked in Personal Injury and Health Care Law for Ohio on
Q: What is the US code for respondeat superior?

Heathcare medical negligence

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2022

An Ohio attorney med mal attorney might be in the best position to answer this question, unless you're interested purely in terms of researching any applicable federal codes on the respondeat superior doctrine. But your post remains open for four weeks. At this point, you could reach out to... View More

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