Articles
Updating Resident/Family Contact Information: Is Your Facility Compliant or Paying The Price?
February 08, 2012 | W. Cory Phillips, Esq.It is well known that Medicare is a health insurance program that authorizes the payment of federal funds to reimburse healthcare providers for certain services provided to individuals who are 65 or older and/or individuals under age 65 with certain disabilities. What may not be well known are the multitude of regulations that healthcare providers, participating in Medicare, must follow and why being compliant can assist the bottom line.
Power(s) of Attorney, Plural
February 07, 2012 | Raymond F. Moats, III, Esq.As the Baby Boomer generation moves towards retirement, their need for estate planning grows. A key part of any estate plan is the financial power of attorney. The power of attorney lets children or a trusted third party, known as the agent, handle any transaction, from selling real estate to writing checks to pay bills, whether financial or for healthcare, for the parent or principal. The powers given by the principal to the agent can be broad to encompass all of the principal’s financial assets or limited to a specific asset...
Voiding Self-Dealing Transfers by Power of Attorney
February 06, 2012 | Amanda R. Yurechko, Esq.Often is the case that real property or other assets are transferred our of a resident’s name, in what appears to be an attempt to evade creditors, by a power of attorney . Unfortunately, when these transfers are handled by virtue of the power of attorney, to the power of attorney himself, it is very rare that a creditor would have a cause of action against the power of attorney. However a recent ruling in the Fourth District Court of Appeals raises a new avenue to potentially recover the assets from the estate, even after the resident’s death.
We're Growing to Help You Manage Your Legal and Debt Recovery Needs
January 20, 2012 | Alan H. Weinberg, Esq.I am very pleased to announce the election of five (5) new Weltman, Weinberg, & Reis Co, LPA partners: Mr. Scott Fink, Ms. Amy Clum Holbrook, Mr. James Kozelek, Mr. John Porter, and Ms. Jennifer Monty Rieker and welcome them into our partnership.
Ohio Shared Services – Any Interest at Municipal Level?
December 21, 2011 | W. Cory Phillips, Esq.“Shared services” in the public sector is not a new idea. The decline in all three major general tax sources—property, income and sales—and the rising costs associated with government operations have led to serious discussions regarding shared services among neighboring communities. Government, at every level, is trying to figure out how to maintain and improve services under difficult budget conditions. The shared services idea, however, does not appear to be a solution widely embraced by Ohio's local government entities. The popularity of shared services, or the lack thereof, was recently discovered by the rate of response to a shared services survey conducted by Director of the Governor's Office of 21st Century Education.
Avoiding Unintentional Exclusion
December 20, 2011 | Emily Honsa Hicks, Esq.This past summer, headlines flashed with outrage when the Ohio Municipal League unintentionally scheduled their annual conference on Rosh Hashanah, a Jewish High Holy Day; observed in 2011 on September 28th and 29th. The Ohio Municipal League, a non-profit founded in 1952 by municipal officials to serve the interests of municipal governments, faced distressed city executives and councilpersons who were forced to choose between observing the holiday and attending the conference.
Deer Season: The Benefits and Drawbacks for Municipal Entities
December 19, 2011 | David S. Brown, Esq.The goal of Ohio’s deer program is to provide a deer population that maximizes recreational opportunity including viewing, photographing, and hunting while mini¬mizing conflicts with agriculture, motor travel, and other areas of human endeavor. Because population goals are primarily based on farmer and other tolerances, the likelihood of widespread problems should be minimal when deer populations are at goal. However, some other damage is still likely to occur, known as a “deer problem.” A “deer problem” is an indication that the local system is out of balance.
Do You Know Who Your Customer Is?
December 14, 2011 | David S. Brown, Esq.“Customer” can be a tricky term. For most, customers are those people who patronize a business and purchase the goods or services offered. Merriam-Webster defines customer as “one that purchases a commodity or service.” Many times, people consider any individual who comes into their store to be a customer. This way of thinking often leads business owners and accounts receivable professionals to conclude that their customers are the individual people that they interacted with daily. In the world of commercial collections; however, a person who is traditionally thought of as a customer might not be liable at all in the event of default. On the other hand, that same person may be only one of numerous liable parties.
Social Media: Friend or Foe?
December 13, 2011 | Jim Kozelek, EsqIn the last two years, social networking websites have changed the way people interact on a day-to-day basis, both personally and professionally. However, as the popularity of this medium continues its tremendous growth, issues and pitfalls continue to grow as well. One such issue germane to the commercial/credit industry is the use of social media as a resource for locating debtors and gathering information and the potential of invading someone’s privacy or engaging in outright harassment.
A Personal Guarantee: Don’t Contract With An Ohio Business Without One
December 12, 2011 | Hannah F.G. Singerman, Esq.Historically, corporations are supposed to be special. Under American law, corporations are entities with quasi-human privileges and responsibilities. To sue or be sued, a corporation must have an attorney. A corporation can exercise its own rights to free speech by supporting political candidates. Such identity and rights are allowed because corporations are to be treated carefully by their owners so that each corporation maintains its own separate entity from its owners.
