Racing Commission Meeting

John Izzo attended the Ohio State Racing Commission Meeting on September 30, 2014.  No days were approved for live racing in 2015.  At this time, it looks like Dayton will race 75 days, Miami Valley will race 89 days, Northfield Park will race 214 days, Scioto Downs will race 100 days, Belterra will race 93 days, Mahoning Valley will race 100 days, and Thistledown will race 100 days.  

The Chairman talked about the Best of Ohio and the five races that will go with purses of $150,000 each.  The Chairman also talked about the nine Standardbred races that went this past Saturday at Scioto Downs, each with $200,000 purses.  Neither Northfield Park nor Betlerra have reached agreements with their respective horsemen’s groups as to VLT revenue.  Although agreements were to be in place no later than six months after the VLT’s began at their racetracks, the Commission has continued to give Northfield Park additional time to work with the Ohio Harness Horsemen’s Association.  

The next Commission meeting will be held on October 23, 2014.

Veterinary Medical Licensing Board Update

John Izzo attended the September 17, 2014, monthly meeting for the Ohio Veterinary Medical Licensing Board.  The Board is still one member short, one of the veterinarian appointments.  Dr. Kidd, Dr. Kolb, and Dr. Redman continue to be active in the AAVSB.  Jack Advent from the Ohio Veterinary Medical Association addressed the Board with his concerns about a new Ohio Department of Health rule regarding radiographs.  There was a healthy discussion about an RVT applicant with a criminal history, who received her certificate of registration under a 4-1 vote.  The Board reviewed new complaints and responses received to old complaints.  In one case, the Board discussed its ability to take an action against a veterinarian who did not know that his staff provided unnecessary medication to a patient.  In this case, the Board decided not to take any disciplinary action because of the veterinarian’s lack of knowledge.

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.

June 26, 2014 Ohio State Racing Commission Meeting

John Izzo attended the June 26, 2014, Ohio State Racing Commission Meeting.  The Commission announced it is looking for input regarding no-change rules to be filed in 2014.  Video Lottery Terminals (VLT) revenue was approved for distribution upon request of the Ohio Harness Horsemen’s Association (OHHA) and the Ohio Horsemen’s Benevolent and Protective Association.  Chairman Schmitz expressed his displeasure with Northfield Park and the OHHA for not yet reaching an agreement with the VLT revenue.  

Five items were brought up that were addressed recently by auditors: 

1. The Commission must do a better job explaining why it is going into executive session.
2. The Commission must timely make all deposits.
3. An additional set of eyes, other than the Executive Secretary’s, must review the simulcast purse fund.
4. There must be a policy and procedure manual.
5. The Executive Secretary must properly approve payroll expenditures.  

Two settlement agreements were approved.  The next Commission will likely be August 27, unless a special meeting is called by the Commission in July.