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Livng Wills and Laws

25 March, 2005
By

A Lancaster, OH attorney saw an advertisement for a Living Will seminar, to be held at a local hospital, with information presented by a nurse. The attorney, Frank Green, decided to file a complaint with Ohio Supreme Court’s disciplinary counsel. Against the nurse. For practicing law without a license.

Hello? Since 1992, federal law has required hospitals to educate people about these documents, or lose Medicare & Medicaid funding. Oh, and by the way, hasn’t there been something in the news lately about how important these documents are?

What’s even more disappointing than this attorney actually filing the complaint, is the fact that the disciplinary counsel is taking it up. They’ve written a letter to the nurse, giving her until 1 April to respond.

Just nuts.

“We’re not giving them legal advice — we’re explaining what their options are,” said David Bickham, a hospital spokesman.

Judy Snyder, Fairfield Medical’s patient-representative supervisor and Phillips’ boss, said the hospital has put on similar seminars twice a month for years.

“I was completely astounded by this whole thing,” she said. “When (Phillips) received a letter from the Supreme Court of Ohio, I almost fainted.”

Here’s local coverage. There’s another article here, but it’s a paid subscription, and BugMeNot doesn’t have a listing there yet.

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One Response to Livng Wills and Laws

  1. jlwrites on 30 March, 2005 at 1:54 PM

    Okay, so the hospital has to provide education on these issues or face losing their Medicaid and Medicare reimbursements.

    Hospital follows said federal law.

    Now a lawyer is having a cow because a nurse is providing federally-mandated education on legal issues, and he thinks she’s practicing law without a license.

    So, if the nurse stops “practicing law,” and the hospital loses its Medicaid/Medicare funding, will this guy be happy?

    Probably not. He’ll probably sue the hospital because a client of his on either Medicaid or Medicare had to pay their healthcare expenses, because the hospital has lost its federal funding due to this lawyer’s initial problem!

    Golly.

    Now I know why I never wanted to practice law.

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