Cleveland Law Library Weblog

Cleveland Law Library Celebrates International Women's Day

The theme for this year's International Women's Day is #BreaktheBias. The website for IWD lists several missions "to help forge a gender equal world."

Build workplaces where women thrive

​Elevate visibility of women creatives

Improve equality for women in tech

Forge women's empowerment worldwide

Celebrate the women forging change

Empower women's choices in health 

 

 

Ohio Has Opened the Second of Two Veterans Courts in Youngstown

Ohio has opened a second veterans court in Youngstown, Ohio called the Youngstown Veterans Treatment Court. It operates out of the Youngstown Municipal Court. According to the Ohio Supreme Court's press release, the court will serve:

"the needs of those veterans suffering from a traumatic brain injury, posttraumatic stress disorder, or related issue that leads to behavior resulting in criminal charges. The new treatment court...will assist veterans charged with nonviolent misdemeanor offenses by offering mental health counseling; treatment services for alcohol and substance abuse; vocational skills advancement; and mentoring. The court also will assist with connecting veterans to the many federal resources now available through the U.S. Department of Veterans Affairs. Veterans charged with felonies that do not result in physical injury to another may also be considered for participation."

The press release also indicates that the first veterans court opened in the Mansfield Municipal Court in 2009. A good article about the new Court's purpose and role can also be found at the Youngstown Municipal Court's website.

Obama Health Care Law is Destined for the U.S. Supreme Court

In a rather long 78 page opinion, federal district Judge Roger Vinson has ruled that the Obama Health Care plan is unconstitutional. Ohio just recently joined the suit, which the court decided today. Although another judge in Virginia only struck down the part of the law related to mandatory insurance, Judge Vinson's decision is more comprehensive. In all likelihood, the issue will go up to the U.S. Supreme Court.

Click here to read the Judge's opinion, and click here to read our prior post on the lawsuit, with a link to many more documents in the case, as well as the laws that precipitated the lawsuit. A good summary of the case has been provided by cleveland.com.

Ohio Joins Multi-State Lawsuit Challenging Federal Health Care Law

Ohio is the one of the latest states to join a multi-state lawsuit pending in Florida which is challenging the new federal health care law. According to the Dayton Daily News, there are 25 states already involved and the decision to add Ohio came the same day the Republican-controlled House in Washington voted to repeal the law. The law is actually composed of The Patient Protection and Affordable Care Act of 2010, as amended by The Health Care and Education Reconciliation Act of 2010. www.healthcarelawsuit.us is a really good public website where you can keep up-to-date on the case and read documents that have been filed.

Our Latest Podcast Features Benesch Partner Joseph Gross on the ADA Amendments Act

Our latest podcast features Joseph Gross, Esq., a partner at the law firm of Benesch Friedlander, on the topic of the recent amendments to the Americans with Disabilities Act. Mr. Gross outlines significant changes in the amendments and proposed EEOC regulations regarding the definitions of the phrases "substantially limits" and "major life activities." He also provides some advice for employers and employees on what to expect in the workplace. Mr. Gross is certified by the Ohio State Bar Association as a specialist in the areas of labor and employment law and serves as the President of our Law Library's Board of Directors.

Bill Requires 24 Hour Emergency Care in New Hospitals

SB 120 would require new hospitals to provide 24 hour emergency room care, even if such care is available in nearby hospitals.  Some doctors feel that the legislation is an effort by hospital lobbyists to stop physicians from owning and operating their own hospitals.  Supporters of the bill say the bill will prevent private for-profit hospitals from offering only the most profitable services, leaving the unprofitable services to nonprofit hospitals.  Some hospitals are exempt, namely, long-term acute care hospitals, alcohol and chemical dependency hospitals, rehabilitation hospitals and psychiatric hospitals.

The bill would also require hospitals to maintain Medicaid and Medicare provider agreements.

Bill would Require New Hospitals to Have 24-hour Emergency Rooms by Anthony Gottschlich, Dayton Daily News, Apr. 13, 2007; Ohio Regulation of Specialty Hospitals , Bricker & Eckler. 

Bills of Interest

More bills of interest recently introduced include:

HB 81 HPV VACCINATION: To require that girls entering the sixth grade be vaccinated against  HPV.  (See article:  Ohio Bill Requires HPV Shots for Girls by Harlan Spector, The Plain Dealer, March 1, 2007.) HB83 SORN LICENSE PLATES: To create a SORN Law license plate.  (see article:  Sex Offenders Might Get Special License Plates by Eve Mueller, 10TV.com, Feb. 28, 2007) HB86 NONTHERAPEUTIC ABORTION: To prohibit the state offering, sponsoring, or endorsing a health insurance policy that covers nontherapeutic abortion.

New Regulations for Physicians Regarding Terminating Physician/Patient Relationship

The Ohio State Medical Board issued a new regulation, Ohio Admin. Code 4731-27-01, which creates rules for physicians when a doctor-patient relationship is terminated.  There are also rules for when a practice closes.   For more details, see:  Ohio State Medical Board Issues A New Rule Governing Termination of the Physician-Patient Relationship by The Health Care Department of Bricker & Eckler, L.L.P., Feb., 2007. 

If Insurer Does Not Ask on Application, Insured Need Not Tell

Under federal common law, an insured does not have a duty to disclose symptoms or medical history information not requested by an insurer.   Metropolitan Life Ins. Co. v. Conger (Jan. 16, 2007), Sixth Circuit App. No. 06-5009. 

Taft Says He Will Sign Mental Health Parity Bill

According to a report by WKSU News, Governor Taft said he will sign the mental health parity bill, SB 116.  The bill requires health insurers who offer coverage for "basic health care services" to offer coverage for biologically based mental illnesses.  Companies may opt out if premiums are increased more than 1%, due to the costs of mental health parity.   Larger self-insured companies are, by federal law, exempt from state laws such as this one.   Governor To Sign Mental Health Bill by Jo Ingles, WKSU News, Dec. 28, 2006; Mental Health Parity Bill Sent to Governor Taft, ODMH Connections, Dec. 2006. 

Update:  Taft signed this bill on Dec. 29, 2006.  See Governor's Press Release, 10/29/06.