Home: Law You Can Use http://www.ohiobar.org/Lists/Law You Can Use/AllItems.aspx RSS feed for the Law You Can Use list. Fri, 20 Nov 2009 22:59:34 GMT Windows SharePoint Services V3 RSS Generator 60 Home: Law You Can Use /_layouts/images/homepage.gif http://www.ohiobar.org/Lists/Law You Can Use/AllItems.aspx Ohioans Can Enroll for Medicare Coverage During Coordinated Election Period http://www.ohiobar.org/Lists/Law You Can Use/DispForm.aspx?ID=594 Visible: Yes
Item Link: Ohioans Can Enroll for Medicare Coverage During Coordinated Election Period
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Date: 11/20/2009
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Q: When can I enroll for Medicare coverage?
A: Medicare’s annual “coordinated election” period begins November 15 and ends December 31.  Coverage secured during this period will begin January 1, 2010.

Q: Is there more than one type of Medicare coverage?
A: Yes.  Those who qualify for Medicare coverage can select one of two coverage options:
1) Original Medicare - covers healthcare needs and can be paired with a stand-alone Medicare Part D prescription drug plan;
2) Medicare Advantage Plan – provides comprehensive health benefits including drug coverage.

Q: If I think my current coverage is probably adequate, is there any point to reviewing it?
A: Plan benefits may change, so it may be helpful to review your plan.  You can contact OSHIIP at 1-800-686-1578 with questions, and to arrange in-person counseling with OSHIIP, if necessary, to review your plan.   Medicare plans can vary in benefits, formularies (lists of drugs an insurer will pay for), networks and out-of-pocket expenses.  OSHIIP representatives can assist Medicare beneficiaries in determining available plan options and pinpoint which ones may best fit their needs. 

Q: Is there any organized effort to help people review and select plans this year?
A: Yes.  The Ohio Department of Insurance, through its Ohio Senior Health Insurance Information Program (OSHIIP), is providing free “Medicare Check-Up Days” in each of Ohio’s 88 counties to help eligible Ohioans, family members and caregivers understand the various Medicare coverage options, and assist in plan selection.  Call the OSHIIP hotline at 1-800-686-1578 with questions about Medicare coverage and to learn more about the free “Medicare Check-Up Days.” 

Q: What is covered at the Check-Up Day events?
A: OSHIIP representatives will discuss changes to Medicare coverage and preventative benefits and how to manage expenses during the Part D coverage “doughnut hole” gap in coverage.  They will also share information on financial assistance available to those with limited income who need help paying for Medicare coverage; advise Medicare beneficiaries about the possibility of coordinating other coverage; and run comparison reports on various plans.  Beginning November 15, OSHIIP representatives can help beneficiaries enroll in their Medicare coverage of choice.

Q: What should I bring to the Check-Up Day event?
A: Check-Up Day attendees are encouraged to bring a list of their prescription drugs, dosages and preferred pharmacy information, as well as any information on pension, VA or other medical care benefits they may be receiving.

Q: How can I learn more about Medicare Part D and Medicare Advantage plans?
A: Visit www.medicare.gov.  Those with Medicare questions and, beginning November 15,  those who need help with enrollment and/or information about Medicare financial assistance programs can call OSHIIP at 1-800-686-1578 or Medicare at 1-800-MEDICARE (1-800-633-4227).  For a list of Medicare Check-Up Days, go to the Ohio Department of Insurance Web site at www.insurance.ohio.gov.

11/9/2009

This “Law You Can Use” column was provided by the Ohio State Bar Association.  It was prepared by the Ohio Department of Insurance. 

HiddenTitle: Ohioans Can Enroll for Medicare Coverage During Coordinated Election Period
]]> Debbycooper Fri, 20 Nov 2009 14:38:14 GMT http://www.ohiobar.org/Lists/Law You Can Use/DispForm.aspx?ID=594 What You Should Know about Ohio’s “Sunshine Laws” http://www.ohiobar.org/Lists/Law You Can Use/DispForm.aspx?ID=191 Visible: Yes
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Publishing Date: 11/28/2008
Date: 11/19/2009
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Q: What is a "Sunshine Law"?
A: In Ohio, the "Sunshine Laws" refer to Ohio's Public Records Act and Ohio's Open Meetings Act. These statutory laws are based on the notion that there should be "openness" in government, with public access to records and meetings and the conduct and activities of government.

Q: What records are public under Ohio's Public Records Act?
A: Generally speaking, a "public record" is a record held by a public office and is intended to include such things as paper, computer disks, film/videotape - that is, any item, regardless of its physical form, that is a stored or fixed medium.

Q: What is a public office?
A: The Public Records Act specifically defines a "public office" to include a "state agency, public institution, political subdivision, or any other organized body, office, agency, institution or entity established by the laws of this state for the exercise of any function of government." That is clearly a broad definition, which is meant to include any entity that performs a public service and is supported by public funds.

Q: What are a person's rights under the Public Records Act?
A: Generally, a person's rights include the right to a prompt inspection of public records and, upon request, the right to copies of those public records within a reasonable period of time.

Q: Are there any exceptions under the Public Records Act?
A: Yes. The Act specifically identifies certain records, which are exempt, including medical records, trial preparation records, confidential law enforcement investigatory records and adoption records, among others.

Q: What is Ohio's "Open Meetings Act"?
A: This law essentially requires all public bodies to take all official actions and hold all deliberations on official business in meetings that are open to the public.

Q: Do public bodies have to keep minutes?
A: Yes. The public bodies have to keep full and accurate minutes in order to enable the public to understand and appreciate the rationale behind the public body's decisions.

Q: Can a public body ever hold meetings in secret?
A: Yes. There are specified reasons for a public body to adjourn into what is called an "executive session." These sessions are not open to the public. The reasons justifying an executive session include discussions about personnel matters, the purchase of property, pending or imminent court action, and collective bargaining.

Q: Does the media have any "special" rights under Ohio's "Sunshine Laws"?
A: No. The Public Records Act and Open Meetings Act apply equally to "all persons" under the law. The media enjoys no special rights under these Sunshine Laws. On the other hand, the press (both print and broadcast media) tends to be very vigilant about protecting people's rights under the Sunshine Laws. If access to records or meetings is denied, it is often the press that will commence "mandamus" actions in Ohio's courts to enforce rights under the Sunshine Laws (a "mandamus" court action asks a judge to "mandate" or order a government agency to make records or meetings open and public).

Q: Why does the media often times go to court about access issues under the Sunshine Laws?
A: There are a number of reasons why the press (both print and broadcast media) will file lawsuits seeking to enforce access rights under the Sunshine Acts. Clearly, access to records and meetings provide very important sources of information for the press in its newsgathering and information-gathering efforts. In addition, reliance on public records and meetings as sources of information provides important First Amendment protection to the press in situations where it may be sued for defamation (slander or libel) or invasion of privacy.

Q: Do the Sunshine Laws guarantee access to courtrooms?
A: No. Our rights to access to public courtrooms has generally evolved from interpretation of the constitutions of the United States and the State of Ohio as well as important case precedents handed down by the United States Supreme Court and the Supreme Court of Ohio.

Q: Are there any occasions when Ohioans do not have access to Ohio courtrooms?
A: Generally, our right of access to court proceedings is a well protected right and a courtroom can be closed only in very rare and unique circumstances.

Q: Are all courts equally accessible by citizens?
A: No. Juvenile courts are treated somewhat differently, and may restrict public access if, after hearing evidence and arguments, the juvenile court judge finds that there is a "reasonable and substantial" basis for believing that public access could harm the child or endanger the fairness of a judge's decision, and that the potential for harm outweighs the benefit of public access. Nevertheless, those who want a juvenile court proceeding to be closed must prove that an open proceeding would be harmful.

11/19/2009

Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. This article was prepared by Richard M. Goehler, an attorney with the Cincinnati firm of Frost Brown Todd LLC.

HiddenTitle: What You Should Know about Ohio’s “Sunshine Laws”
]]> System Account Fri, 28 Nov 2008 05:56:51 GMT http://www.ohiobar.org/Lists/Law You Can Use/DispForm.aspx?ID=191 What You Should Know about Ohio’s Civil Mental Health Laws http://www.ohiobar.org/Lists/Law You Can Use/DispForm.aspx?ID=381 Visible: No
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Date: 6/4/2006
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Q.: How does Ohio law define “mental illness”?
A.: According to Ohio law, mental illness is: 1) a “major departure” from the “typical” in an individual’s thoughts, moods, or memory; and 2) this major departure from “typical” greatly diminishes the individual’s ability to control his or her behavior, to understand the surrounding world, or to go about everyday life activities.  Both parts of the definition must be satisfied for purposes of the law regarding hospitalization and treatment of mental illness. 

Q.: Can anyone who meets the two-part definition of “mental illness” be taken off the street and hospitalized?
A.: No.  To be involuntarily placed in a hospital or other facility, the person must meet not only the definition of “mental illness,” but also, as a direct result of being mentally ill, must:  1)  pose a substantial risk of physical harm to self; 2) pose a substantial risk of physical harm to others; 3) pose a substantial and immediate risk of serious injury to self because appropriate self-care is not possible and help is not available; or 4) behave in a way that poses a severe and immediate risk to self or others and be able to benefit from treatment in a hospital.  Also, a person involuntarily transported to a mental health facility must be examined within 24 hours and released if the chief clinical officer fails to certify that the person meets the criteria for involuntary hospitalization.

Q.: Who handles involuntary hospitalizations?
A.: Law enforcement officers, physicians, and certain other professionals may take a person directly to a hospital, as long as they provide the hospital with a written statement  explaining why the person meets the criteria for mental illness and hospitalization.  Also, a lay person may provide an affidavit to the appropriate court showing the person meets the criteria for mental illness and hospitalization.  The court, in turn, may issue an order of detention directing that the person meeting the criteria be taken to a hospital for observation and treatment. 

Q.: Are people protected from being wrongly hospitalized?
A.: Ohio law provides a number of safeguards to try to ensure that people are not wrongly hospitalized: 
• A judge or magistrate must make sure an affidavit meets the legal criteria before issuing a detention order.  
• The chief clinical officer of the facility may discharge a patient who does not meet the criteria for involuntary hospitalization.
• The law requires a mental health facility to notify the individual in writing that he or she may:  1) make a reasonable number of telephone calls to contact an attorney or to obtain medical or psychological assistance; 2) hire legal counsel or have court-appointed counsel; 3) have an independent, expert evaluation of his or her mental health at public expense, if necessary; and  4) have a court hearing to decide whether involuntary hospitalization is appropriate.
• The individual may request help from the Ohio Legal Rights Service, an independent government organization that protects and advocates for people who are developmentally disabled, labeled as mentally ill, or have other significant impairments that interferes with a substantial life activity, such as mobility or learning.

Q.: Does an  involuntarily committed person lose basic civil rights?
A.: No.  Being involuntarily committed to a hospital for mental illness is not the same as having a court determine a person is incompetent.  Ohio law states that a person who is involuntarily committed to a hospital for mental illness keeps his or her civil rights, such as due process and the right to vote, to marry, to make a will, or to maintain a professional license.

Q.: Can people “check themselves in” to a hospital for mental health treatment?
A.: Any person who is at least 18 years old may go to a hospital operated or licensed by the Ohio Department of Mental Health and ask to be admitted for mental health treatment.  The hospital will guide the person through the necessary screening steps of the admissions process. Someone considering voluntary hospitalization, particularly in a non-emergency situation, may wish to contact a personal physician or the nearest community mental health center before going to the hospital. 

Q.: Where can I learn more about Ohio’s civil mental health laws?
A.: Ohio’s mental health laws are complex and intricate, and an article such as this can provide only a broad picture.  For more detailed information, visit the Web site of the Ohio Department of Mental Health at http://www.mh.state.oh.us/ .

6/4/2006

Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association.  This article was prepared by Paul A. Nidich, J.D., LL.M., an attorney in private practice in Cincinnati, Ohio.

HiddenTitle: What You Should Know about Ohio’s Civil Mental Health Laws
]]> System Account Fri, 28 Nov 2008 05:56:52 GMT http://www.ohiobar.org/Lists/Law You Can Use/DispForm.aspx?ID=381 Ohio Law Changes Health Insurance Open Enrollment http://www.ohiobar.org/Lists/Law You Can Use/DispForm.aspx?ID=593 Visible: Yes
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Publishing Date: 11/16/2009
Date: 11/1/2009
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Ohio’s state budget, passed in 2009, includes new requirements for insurance companies and businesses that may help currently uninsured adults to obtain coverage.  The requirements set some limits on how much insurers can charge for those with pre-existing conditions, and include changes to open enrollment, which insurance companies offer each year to individuals who would not otherwise be able to get coverage.  The new open enrollment program starts January 2010. 

Q: What is open enrollment, and what changes have been made to this program?
A: Individuals who either cannot get medical insurance coverage due to pre-existing medical conditions or have not been previously covered through an employee health insurance plan may get individual health coverage through “open enrollment.” Beginning in January 2010, every Ohio insurance company must hold open enrollment until the company has taken its required percentage of newly insured individuals.  An insurance company cannot deny open enrollment coverage to an individual based on health status.  

Changes to this program will affect policies issued or renewed on or after January 1, 2010.  First, insurance companies will be limited in how much they can charge people with diabetes, cancer and other pre-existing or chronic conditions who buy individual health policies through open enrollment.  Following a phased-in approach, the cap on charges will eventually be one-and-one-half times the lowest rate that is charged to a person of similar age and gender who does not have these conditions.  This change is eventually expected to reduce open enrollment premiums by at least 50 percent.  The cap on charges applies only to the open enrollment coverage purchased in the individual health-insurance market, which includes non-employer groups. 

Q: Do the open enrollment changes affect Ohio employer group insurance plans?
A: No.  They do not affect employer coverage.  The changes only affect the individual insurance market. The changes also affect some individual coverage, which may be made available through non-employer groups (such as associations), but this is still individual coverage.

Q: How do I enroll in coverage during the open enrollment period?
A: A good starting point is to contact the Ohio Department of Insurance (ODI) at (800) 686-1526 or visit www.insurance.ohio.gov for a list of Ohio-licensed health insurers and contact information.  The companies will hold their open enrollment periods beginning in January 2010.  Once you have chosen the plan that best fits your needs, apply early, since applications are taken on a first-come, first-served basis.  You may ask for an application to be mailed to your home address, and you do not need to apply in person.  The ODI will be issuing rules on how companies must notify the public about open enrollment. 

Q: Do the 2010 premium rate limitations apply to policies that are currently in force?
A: Generally, yes.  The rate limitations will apply to most new and existing individual open enrollment policies.  Existing open enrollment policies will be subject to the 2010 rating restrictions when the policy is renewed.

Q: Are there any factors besides pre-existing conditions that may be considered when insurance companies set open enrollment rates?
A: Yes.  Ohio law continues to allow insurance companies to take into account the age, gender and place of residence of those they insure when determining rates.  Insurers must set open enrollment rates based on an average of the costs associated with each of these identified categories.  A pre-existing condition can be used to exclude an individual from coverage for a particular condition for a period of time, but cannot be used to determine a rate.

Q: Where can I get more information about changes to open enrollment?
A: Visit the ODI Web site at www.insurance.ohio.gov or call the consumer hotline at (800) 686-1526. 

11/1/2009

This “Law You Can Use” column was provided by the Ohio State Bar Association.  It was prepared by the Ohio Department of Insurance.

HiddenTitle: Ohio Law Changes Health Insurance Open Enrollment
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