Ohio State Racing Committee Meeting

John Izzo attended the Ohio State Racing Committee Meeting on August 27, 2014.  All five Commissioners were present.  Officials were approved for Dayton Raceway, although they have yet to name all officials.  Scioto Downs cancelled racing on August 21 due to inclement weather and track conditions and will make it up on September 9.  The wagering pool manipulation at Thistledown was discussed, with the executive director assuring that the participants will not be allowed to use the same ADW again.  Another two million dollars from casino taxes were distributed.  Rule review was discussed and referenced the Rules Committee Meeting that was held last month.  Resolutions were passed to allow amendments to some rules and no changes to most.  Over one million dollars was released from the escrow account for purses on Super Night and Aged races at Dayton Raceway.  The OHHA and Northfield Park have not reached an agreement on VLT funds; neither has the HBPA and Belterra.  Chairman Schmitz stated he wanted to have circuit racing next year and did not want live days to overlap.  2015 live race dates will be discussed at a future meeting.  Additional money will be spent in the Thoroughbred Race Fund for overnights and for supplements.  

Failing to Cooperate, Worse Than Underlying Conduct - State Medical Board of Ohio Board Meeting

Failing to Cooperate, Worse Than Underlying Conduct

On August 13, 2014, the State Medical Board of Ohio reaffirmed a long standing policy when ordering an indefinite suspension to a physician who failed to cooperate with a Board investigation.

The underlying issue in the case involved a single patient simultaneously obtaining prescriptions from multiple providers. "Dr. T.” was one of the providers duped by the drug seeking patient. From the hearing record, Dr. T. had significant exculpatory and mitigating evidence in support of his clinical care to the patient. However, when contacted by Board investigators, Dr. T. repeatedly ignored requests for information. It is possible that Dr. T. would have an unrestricted license today if he had only demonstrated compliance with the Board.

Often, medical professionals find the prospect of speaking with Board investigators intimidating and daunting. These feelings are not unjustified. However, doing nothing has the potential of bringing an even greater negative impact on the medical professional’s ability to practice.

            

Most law firms, including Graff & McGovern, L.P.A., provide free initial consultations. The advice and assistance of experienced legal counsel can potentially save medical professionals hundreds of thousands of dollars in lost revenues relating to formal Board proceedings. (Including the adverse impact from suspension of professional licenses, loss of staff or admitting privileges, exclusion from participation in third-party reimbursement programs, etc.) But the embarrassment and stigmatism of a formal disciplinary action accompany all cases even when lost revenue is minimal.

            

Speaking to Board investigators without first consulting competent legal counsel is unadvisable, but ignoring a Board investigation can potentially be much worse to the licensee or applicant, as Dr. T. now knows. If you have specific questions, or if you have been contacted by a Board investigator and desire a free consultation, please call Graff & McGovern, L.P.A., today at (614) 228-5800.

Ohio Casino Control Commission Meeting

John Izzo attended the Ohio Casino Control Commission Meeting on Wednesday, August 20, 2014.  The meeting started off with Executive Director Matt Schuler informing the Commission that Scientific Games was going through yet another merger.  Attorney Matt Oyster addressed the Commission, explaining that the Commission’s jurisdiction includes illegal casinos, which would be establishments that illegally house gaming other than the four allowed by the Ohio Constitution, certain charitable gaming, games of skill, and games regulated by the Lottery Commission.  Rock Ohio Caesars entered into a settlement agreement in which it agreed to pay a $200,000.00 fine.  Two report and recommendations were before the Commission, with each licensee having their license revoked.  One report and recommendation was modified by the Commission; the Commission disagreed with the hearing examiners determination that a OMVI--which did not affect an applicant’s suitability for a license--should be considered to affect suitability as a licensee.

Ohio Veterinary Medical Licensing Board Meeting

John Izzo attended the August 13, 2014, Ohio Veterinary Medical Licensing Board Meeting.  The Board is still one member short, as Dr. Dass’ term expired at the end of last year.  The Board reviewed three new complaints, as well as the responses to ten other complaints.  During the Executive Director’s Report, Ms. Stir informed the Board that she is seeking to receive an additional $100,000 per year in the next biennium’s budget.  This would then allow the Board to conduct one hundred compliance inspections in each of the next two fiscal years, starting July 1, 2015.  The Assistant Attorney General addressed the Board about expert opinions and what evidence is necessary to prove a minimum standards violation.