Robison, Curphey & O'Connell Feed Apr 2019firmwise Provides Estate Planning Presentation to StoryPoint Senior Living Apr 2019News<p>Attorney Paul E. Croy will be presenting <i>Pigs Get Fat &ndash; A Different View on Estate Planning</i> to residents of StoryPoint in Waterville, Ohio, on Wednesday, April 3.</p> <p>Croy&rsquo;s presentation covers important information on estate planning along with light-hearted humor. StoryPoint opened in 2018 to provide senior living facilities and care.</p> To Speak at the Tecumseh Land Trust Family Farm Workshop on April 6 Apr 2019News<p>RCO Attorney Paul E. Croy will speak on Wednesday, April 6, at the <i>Planning for Transition Workshop: Ensure Smooth Succession</i> at the Clark State Community College, Springfield, Ohio. The workshop is sponsored by the Tecumseh Land Trust, Ohio Ecological Food and Farm Association (OEFFA), and Clark State Community College. &nbsp;Croy&rsquo;s topic will be on <i>Keeping the Farm in the Family. </i>His presentationwill include information on utilizing trusts and LLCs, managing taxes, and conservation easements. The&nbsp;<strong>Tecumseh Land Trust</strong> is a nonprofit conservation organization serving Greene and Clark counties of Ohio and surrounding areas. The purpose of the Tecumseh Land Trust is to preserve agricultural land, natural areas, water resources, and historic sites, in voluntary cooperation with landowners, and to educate the public about permanent land preservation.&nbsp;For additional information or to register, go to the Tecumseh Land Trust website, <a href="" target="_blank"></a>, or contact <a href=""></a>.&nbsp;</p> Wiley and Henderson Address 2019 OSHRM-SOHA Spring Conference Mar 2019News<p>Attorneys Julia Wiley and Kayla Henderson, from RCO&rsquo;s Law Healthcare Practice Group, presented &ldquo;<i>How to Talk to a Millennial: Avoiding Roadblocks in Communication Inside and Outside the Hospital</i>&rdquo; at the 2019 Ohio Society of Health Care Risk Managers (OSHRM) and Society for Ohio Health Care Attorneys (SOHA) Conference today. The annual Spring conference, sponsored by OSHRM, SOHA, the Ohio Hospital Association (OHA), and RCO Law, is being held at the Blackwell Inn on the campus of The Ohio State University, Columbus.&nbsp; The conference is designed for risk managers, hospital attorneys, outside counsel, health law attorneys, CEOs, directors of quality management and compliance officers. Attendees will gain an understanding of key risk management and legal issues affecting hospitals in 2019.</p> Addresses Employers Association at Employment Law Conference in March Mar 2019News<p>RCO Law Attorney Bill Beach was a presenter at The Employers&rsquo; Association 2019 Employment Law Conference on March 22 in Toledo at the Hilton Garden Inn.</p> <p>Beach addressed the group on <i>Employee Handbook Updates</i>. RCO Law served as a co-sponsor for this annual event. The Employers&rsquo; Association member organizations represent a broad spectrum of industries including manufacturing, engineering, agriculture, automotive, community service agencies, municipal and county governments, educational institutions, and more.</p> Liens Feb 2019Insight<p>We are all generally familiar with liens, which are a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. Most liens arise as a result of a written agreement between the debtor and the creditor &ndash; a mortgage in the case of real property, a security agreement for most personal property, and a notation on the title for most vehicles. In these situations, the debtor maintains possession of the property.</p> <p>Unlike typical security interests, in which the debtor maintains possession of the collateral, in some cases a lien can arise when the creditor has possession of the debtor&rsquo;s property. These are called possessory liens, and they can be critical to getting paid for providers of services who have a customer&rsquo;s property in their possession. Significantly, most possessory liens trump security interests in the same property, even if the security interest was recorded before the possessory lienholder took possession of the property.</p> <p>Here are some of the most common and important possessory liens available in Ohio and Michigan.</p> <p><img src="" hspace="0" vspace="0" align="absmiddle" alt="" border="0" width="437" height="154" /></p> <p>The rules for enforcing these possessory liens vary greatly. In some cases, the lienholder only has to be unpaid for 30 days; in other cases, such as the Michigan artisans&rsquo; lien, the lienholder must be unpaid for 9 months. In all cases, the lienholder must follow certain procedures, including notice to the property owner, to enforce the possessory lien. Once the lienholder has completed those steps, the lienholder can sell the property in its possession and retain the sales amount up to the amount owed by the property owner.</p> <p>If the possessory lienholder gives up possession of the property, the possessory lien is lost. The service provider in that case will retain a claim against the property owner for payment, but that claim may not be worth much if the property owner is in financial difficulty.&nbsp; Accordingly, the possessory lienholder should resist the property owner&rsquo;s demand for the property if the required payment for services has not been made.</p> <p>RCO Law can assist service providers in determining and enforcing their possessory lien rights. &nbsp;&nbsp;<b>For additional information, please contact Attorney W. David Arnold, at 419-249-7900, or <a href=""></a>.</b></p> Inducted into Lake Athletic Hall of Fame Class of 2019 Feb 2019News<p>Attorney Tim Krugh recently was inducted into the Lake High School Athletic Hall of Fame in a ceremony held on Friday, February 1 at the Boys Basketball Game between Lake High School and Woodmore High School. Tim, a 1971 graduate of Lake High School, was inducted into the 2019 Hall of Fame and received&nbsp;the Outstanding Citizen Award.&nbsp;</p> <p>As a student, Tim&rsquo;s athletic record was impressive. He earned seven Varsity Letters:&nbsp; three Letters in</p> <p>Football; First Team All-League selection; three Letters in Track; and one Letter in Wrestling.&nbsp;</p> <p>As a Lake Flyer alum, he has contributed 25 years of service to Lake Schools.&nbsp; Since 2005 he has served as a Lake Board Member and since 2008 has served as Board President.&nbsp;&nbsp;</p> <p>He is currently the Football and Basketball PA announcer, a position that he has held since 1994.&nbsp; He is actively involved in many school committees and is a long-time supporter of Lake</p> <p>Athletics and Lake Local Schools.&nbsp; He is credited with developing the recent Distinguished Alumni Award.&nbsp;</p> <p>According to his Hall of Fame nomination, &ldquo;Tim is always willing to give when a need is present.&rdquo;</p> <p>Congratulations, Tim!</p> <p style="text-align: center;"><img src="" hspace="0" vspace="0" align="absmiddle" alt="" border="0" width="377" height="494" /></p> 7's Impact on the Litigation of Medical Claims in Ohio Feb 2019News<p>Effective March 20, 2019, Ohio House Bill 7 will affect the litigation of &ldquo;medical claims&rdquo; in the following important ways:</p> <ul type="disc"> <li><b>Statute of Limitations Automatically Extended 180 Days for Unnamed Medical Claims and Defendants</b> <ul type="circle"> <li>In lieu of serving 180 day letters on all potential defendants, R.C. &sect;2323.451 allows a claimant to file a complaint asserting a medical claim within the statute of limitations, and seek to discover the existence or identity of any other potential medical claims or defendants that are not included or named in the complaint. So long as the claimant files an amended complaint adding claims or defendants within 180 days of the expiration of the statute of limitations, the claims asserted in the amended complaint relate back to the original filing date, regardless of whether the statute of limitations expired on the additional claims or defendants during the period following the filing of the first complaint.</li> </ul> </li> <li><b>Simplified Service of 180 Day Letters </b> <ul type="circle"> <li>R.C. &sect; 2305.113(B)(2) now allows service of 180 day letters, by certified mail, return receipt requested, upon any of the following: <ul type="square"> <li>The person&rsquo;s residence;</li> <li>The person&rsquo;s professional practice;</li> <li>The person&rsquo;s employer;</li> <li>The address of the person on file with the state medical board or other state licensing agency.</li> </ul> </li> </ul> </li> <li><b>Qualified Immunity for Disaster Responders</b> <ul type="circle"> <li>R.C. &sect;2305.2311 grants health care providers and emergency medical technicians immunity from liability for any care or treatment provided in response to a disaster, unless the care or treatment constitutes reckless disregard for the consequences so as to affect the life or health of the patient. <ul type="square"> <li>The heightened standard of proof does not apply to wrongful death actions arising out of disaster response, or actions outside the scope of authority of the provider or EMT.</li> </ul> </li> </ul> </li> <li><b>Qualified Immunity for Holding and/or Discharging Patients with Dangerous Mental Health Conditions</b> <ul type="circle"> <li>R.C. &sect;2305.51(D) states that health care providers, including hospitals, cannot be subject to civil liability or regulatory discipline if the provider: <ul type="square"> <li>Fails to discharge a patient or allow a patient to leave the facility when the provider determines, according to appropriate standards of professional practice, that the patient has a mental health condition that threatens the safety of the patient or others; or</li> <li>Discharges a patient whom the provider, in good faith and according to appropriate standards of professional practice, does not have a mental health condition that threatens the safety of the patient or others.</li> </ul> </li> </ul> </li> <li><b>Apology Statute Expanded</b> <ul type="circle"> <li>R.C. &sect;2317.43 renders inadmissible as evidence of an admission of liability or as evidence of an admission against interest, statements of &ldquo;error&rdquo; or &ldquo;fault&rdquo; even when those statements are included in the patient&rsquo;s medical records.</li> <li>In addition, records of the provider review process that include statements made to or by the alleged victim, the victim&rsquo;s relatives and acquaintances, representatives, are also inadmissible.</li> </ul> </li> <li><b>Federal Laws and Regulations Are Not Evidence of the Standard of Care</b> <ul type="circle"> <li>R.C. &sect; 2317.44 holds that the guidelines, regulations, or other standards propounded under the Patient Protection and Affordable Care Act and the Social Security Act (including rules issued by Medicare and Medicaid) do not establish the standard of care and are inadmissible in any civil action based upon a medical claim, or administrative action involving licensure of the health care provider.</li> </ul> </li> <li><b>CMS Reimbursement Policies and Determinations Are Not Evidence of the Standard of Care</b> <ul type="circle"> <li>R.C. &sect; 2317.45 states that CMS reimbursement policies and reimbursement determinations are inadmissible as evidence of the standard of care or breach of the standard of care.</li> </ul> </li> </ul> <p>Through thoughtful preparation and planning, our attorneys have successfully defended hospitals, professional practice groups, physicians, nurses, and other healthcare employees sued for medical negligence and other related claims. Please contact any of our healthcare attorneys for additional information on how Ohio House Bill 7 will affect your institution or practice.</p> Addresses Center for Innovative Food Technology (CIFT) Grower Meeting Feb 2019News<p>RCO Attorney Paul E. Croy was a presenter at today&rsquo;s Center for Innovative Food Technology (CIFT) <i>Efficient Farm Management and Planning</i> <i>Meeting</i> held at the Agricultural Incubator Foundation, Bowling Green. Croy&rsquo;s presentation was on succession planning, &ldquo;Keeping the Farm in the Family&rdquo;. &nbsp;Additional topics for the meeting included:&nbsp; &ldquo;The New Tax Law for Growers&rdquo;, presented by Matthew A. Long, EA, Tax Supervisor, Gilmore, Jasion, Mahler; and &ldquo;Lean for Growers&rdquo;, presented by Troy Wildermuth, Director of Manufacturing, Ohio Manufacturing Extension Partnership (MEP). Founded in 1995, CIFT provides a unique blend of business solutions, innovation and technical expertise to the food processing, agricultural and manufacturing sectors.&nbsp; CIFT&rsquo;s mission is to enhance the economic performance of these industries and create new jobs. &nbsp;&nbsp;Croy&rsquo;s practice areas at RCO Law include estate planning, estate and trust administration, business and farm transition planning, general business representation, and residential and investment real estate.</p> Law Appellate Victory Clarifies Proper Use of John Doe Defendants Under Ohio Law Feb 2019News<p>The Ohio Sixth District Court of Appeals unanimously affirmed summary judgment in favor of RCO Law&rsquo;s healthcare client due to the plaintiff&rsquo;s inappropriate use of multiple &ldquo;John Doe defendants&rdquo; to avoid the statute of limitations. In a comprehensive analysis rejecting the tactic, the Court of Appeals detailed the limited circumstances in which Ohio law allows use of John Doe defendants, and emphasized that failure to follow the strict requirements for doing so forfeits use thereof.&nbsp; In so doing, the Court both clarified the oft-misused John Doe procedural device, and reinforced the public policy imperatives protected by the enforcement of statutes of limitations.&nbsp;</p> <p>The appeal was briefed and argued by RCO Law Attorney Chad M. Thompson, with support from Attorney Kayla L. Henderson.</p> Hosts Two Michigan AG Seminars in February Jan 2019News<p>RCO Law will host two <i>complimentary</i> Agricultural Seminars in Michigan during the month of February. The first AG Seminar will be held on Tuesday, February 12 at the Dow Center, Hillsdale College, 22 E. Galloway Drive, Hillsdale, from 7:30 a.m. to 12:30 p.m. The second AG Seminar will be held on Tuesday, February 19 from 7:30 a.m. to 12:30 p.m. at the Old Mill, 242 Toledo Street, Dundee.&nbsp; Breakfast will be served at both venues at 7:30 a.m. with the program beginning at 8:30 a.m.&nbsp;</p> <p>The agendas for both meetings will&nbsp; include presentations on: P.A. 116;&nbsp; Flexible Farm Leases; Creditors&rsquo; Leins; Auctions; Long-Term Care; Social Security; and Hot Topics in Employment Law.&nbsp;</p> <p>Presenters from RCO Law include Attorneys <b>Kathryn M. Mohr</b>; <b>Michael R. Olsaver</b>; <b>Matthew D. Budds</b>; and <b>W. David Arnold</b>.&nbsp;</p> <p>Guest presenters include <b>Christopher L. Heerdegen</b>, CFBS, Partner and Financial Planner, Skylight Financial Group; and <b>Brad Neuhart</b>, Rollo Junkette and Brad Neuhart Auctioneers; along with representatives from the Michigan Department of Agricultural and Rural Development (P.A. 116 Office).</p> <p>Reservations can be made by calling RCO Law at 419-418-6941 or online at <a href=""></a>.</p> <p>Click <a href="/7599B1/assets/files/Documents/Ag_Seminar_Flyer_2019.pdf" target="_blank">here</a> to view flyier.</p>