Skip to main content
Robert M Lorey

Robert Lorey’s Answers

297 total


  • Can a county mental health facility withhold your own records from yourself?

    Just wondering I wanna go in and get my records I've been out of the facility for some months now but would like to get my records from them, cause I believe some of my civil rights were violated and a lot of taxpayers money wasted on keeping me i...

    Robert’s Answer

    In answer to your question -- yes, a treating healthcare facility may refuse to produce your medical records if they have a reasonable belief that the release of the records would present a danger to yourself or to others. That is essentially the only reason they may flat-out refuse to release your own medical records to you. If that is their reason, they must state this in writing and deliver that writing to you at the address supplied to them for delivery of the copies (or your last known address they have for you if you did not give them an address for delivery of the copies).

    Otherwise, if you have submitted a HIPAA-compliant release which requests your records, you are entitled to both view those records (without cost) and a copy of those records (on payment of the statutory fees for searching, copying and mailing).

    The Oregon implementation of HIPAA have been somewhat complicated of late, since the passage of the federal HIGH TECH Act, the Oregon code and regulations have not been able to keep up. If you are still not getting results from your health care provider or have been refused your records, you will likely need to consult with an attorney who is well-versed in health care confidentiality issues.

    www.integrityoregon.com

    Good luck!

    See question 
  • Medical provider wants reimbursement of the medical bills they paid for me (car accident)

    my attorney fail to acknowledge the letter from my medical provider informing them they paid my medical bills which are due to a car accident and a settlement was offerend then the medical bills expense should come out of the settlement. I agreed ...

    Robert’s Answer

    I am not sure that there is an actual question here.... The answer to this issue lies with your prior attorney. He or she will have all the facts needed in order to give you advice on how to proceed and what approach to take. If you have the settlement paperwork with you, that would help your attorney explain it to you (again or for the first time).

    www.integrityoregon.com

    Good luck!

    See question 
  • Can i get a settlement because a car hit me while i was riding my bike down the right side of market street?

    I was biking down the right had side of market street about half a block from 23rd (where i was planning on making a right to get to chestnut) when a man in the right hand lane made a move to park outside of Peco in order to pay his bill and hit m...

    Robert’s Answer

    I concur with Mr. Solomon -- you should at least consult with a local attorney who is well-versed in personal injury and insurance coverage. Many attorneys offer a free or low-cost initial consultation, and even an initial consultation might give you sufficient information on how to proceed.

    In answer to your actual query, yes you could get a settlement. However, without the assistance of an attorney your settlement will be much smaller than it could be with an attorney. You would be dealing with an insurance company -- a company whose entire purpose is to take in as much money as possible in premiums and to pay out as little money as possible in claims.

    www.integrityoregon.com

    Good luck!

    See question 
  • I work as a cable installer. I broke a customers TV and m employer had me buy a new one with my money, is that legal?

    I was told to go to the store, purchase a new TV with my own money, and take it back to the customers house. Shouldn't the company have some sort of insurance, or use it as a tax write off instead of an employee having to pay for accidentally dama...

    Robert’s Answer

    It likely depends on your status as an employee or as an independent contractor. If you are an employee, then probably the damage should be covered by the employer and not you. If you are an independent contractor, then all bets are off and the answer would depend on your deal with the lead contractor.

    If you paid for the television set out of your own pocket, and don't get compensation from your employer, then you "own" the tax deduction. This is almost certainly a deductible casualty or loss incurred in the course of your professional activities.

    As a practical matter, your primary concern should likely be staying in the good graces of your employer (no matter your technical status). If you like or need the job, then the cost of the replacement television set is just going to be a cost of keeping your job. Unfortunate, but there it is.

    www.integrityoregon.com

    Good luck!

    See question 
  • I received a mandatory insurance certification and might have to have SR-22 insurance.

    My record is clean except for one speeding ticket a couple of years ago. My car was not insured but was not driven on the day the form states. Can a lawyer help me?

    Robert’s Answer

    The State clearly does not think that your, "driving record is clean except for a speeding ticket a couple of years ago." One of the statutory bases for requiring SR-22 insurance is failure to provide timely proof of insurance to the DMV. Somehow, the DMV thinks that your uninsured vehicle was driven on the highways of the State while it was not properly insured. This seems to be correct based on the context and the facts presented in your question.

    The statutory requirement is spelled out in Oregon Revised Code § 806.010 and reads as follows, "A person commits the offense of driving uninsured if the person operates a motor vehicle in this state on any highway or premises open to the public in this state..." Again, if your vehicle was not operating on the highway, "on the day the form states," that might present a defense.

    As to whether an attorney can help, it _might_ be possible to defeat the State's case in the administrative appeals proceeding. It sounds like the administrative proceeding has already occurred and you either failed to appear or did not prevail. You have the right to appeal the decision, but the time limits are quite strict. You should retain or at least consult with a local attorney to find out what your rights are and what your options are.

    www.integrityoregon.com

    Good luck!

    See question 
  • Is getting something notarized a breach of doctor/patient confidentiality or invasion of your privacy?

    If a person has been a patient at an out-patient methadone program and has been for 4 months can they tell you that you have to get 2 people who know you have been using opiates for x amount of years and then you have to get it notarized. Also the...

    Robert’s Answer

    Under the facts you present, it is difficult to determine exactly what is going on. However, I will try to give you some guidance.

    In answer to your actual query, getting a document notarized is not necessarily a breach of confidentiality or privacy. The notary is simply stating that a particular person put pen to paper and signed the document in the presence of the notary. There is a common misconception that the notary is vouching in some way for the document itself -- this is not true. All the notary is vouching for is the identification of the signatory, frequently the notary will not even see the text of the document except for the signature page. If you are concerned, you can cover the text of the document with another piece of paper so that all the notary sees is the signature section of the document.

    As to why they want statements regarding your past drug use, I have no idea. Presumably it relates to some form of financial compensation due to the clinic. Perhaps the insurance provider (private or federal) needs some verification of your drug history in order to approve payment?

    There are plenty of people who know that you are using -- it is not as big a secret as you think it is. Like a workplace affair between co-workers, everybody knows what is going on. Where do you get your works? Whoever gives or sells you the supplies knows you are using. Do you have any roommates, a significant other or spiritual adviser? Surely you know people who are close enough to you to know your habits. Recall that the notary is simply verifying identity -- the people who know you are using do not have to say that they are using or _how_ they know you are using. All they have to say is that they know you are using and they have to identify themselves.

    Perhaps it might be best to go back to the clinic and ask them directly why they need this kind of thing. There may be ways around the requirement, or other ways to satisfy the requirement. If the clinic is really just dealing with their own need to get paid, all they will care about is making sure they get paid -- they don't really have any interest in how it gets done as long as the check gets cut.

    www.integrityoregon.com

    Good luck!

    See question 
  • Can a tribal policeman arrest & transport a non-tribal person to county jail when there's no Inter Local Agreement in place?

    According to RCW 10.92. 020 (2) an inter local agreement requires three things (1) the officer receive a commission certificate (2) an inter local agreement be signed; and (3) Department of Enterprise okay the liability insurance. So if a tribal ...

    Robert’s Answer

    Check the prior answers to this question, which I believe accurately state the law on this issue.

    www.integrityoregon.com

    Good luck!

    See question 
  • As security, at what point must I have consent to record a conversation? And what is considered consent under state law?

    As a security officer, sometime I am called to enforce policies limiting noise coming from apartment units. If I talk to the tenant while remaining out side of their door, what is my limits on recording the conversation? Must I have consent to re...

    Robert’s Answer

    It is very hard to give a definitive answer to your question, given the relative lack of detail provided. All cases are fact-specific and anything remotely dealing with privacy or the First Amendment are doubly so.

    The relevant statutory authority is provided by Revised Washington Code § 9.73.030. Washington is what is known as an "all party" consent state. That is, everyone has to consent to a recording of a _private_ conversation in order for it to be legal. If there is no audio to the recordings, then it would almost certainly be legal, but video without sound shot on the outside of a door would not be worth much as evidence...

    First, is whatever goes on through the front door of an apartment really a private conversation? Depends on the facts, and the volume of the conversation, but probably not. If you arrived on the scene and recorded the loud conduct itself, then it would also be probably not a private conversation (especially for something like music or band practice, a screaming fight between the occupants _might_ be a private conversation, but again probably not). Second, did everyone consent to the recording? In Washington, you can satisfy the consent requirement by "announc[ing] to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted," so long as this announcement is also recorded. Wash. Rev. Code § 9.73.030(3).

    So, if you start the recording, knock on the door, announce yourself and announce the recording you are still clearly within the permissible area. Depending on what they say in response will determine what you have to do next. If you are told to stop the recording, then you are on very risky ground in continuing a recording, especially since their lack of consent will be manifest on the recording itself.

    The big issue would come if there are children of young age about, especially children who are not yours. A child generally speaking cannot consent (a knowing and voluntary waiver of a known right) to anything -- that is why their parents are in charge. In theory, it could be a crime to videotape children in a public hallway if their parents to do not consent to the taping. It would also be pretty skeezy if everyone in the neighborhood knew you were videotaping children, but it seems that you are past that point with the recipients of noise complaints.

    For a fight or other incident in a public place, you would most likely be good to go. Such an incident taking place out on a street, even if a private street but still a public place, would not be either private or a conversation as those terms are normally understood.

    There are no special rights passed on to you as security for the property. Whatever rights and authority the landlord has, you _may_ have as their agent. Some of those rights and powers may be reserved as non-delegate powers. Thus, you as security may not be able to enter an apartment for a routine inspection without notice. You should be careful on this front, as there are several bodies of law which collide on this particular issue.

    www.integrityoregon.com

    See question 
  • Is it legal for hospital security to search and inventory the contents of all patient/visitor bags checked in at ER checkpoint?

    I'm a security officer at a hospital and my supervisor suddenly decreed that instead of just checking in patient and visitor bags/backpacks to keep them out of the ER, we are also now required to remove all the contents and inventory them, every t...

    Robert’s Answer

    As long as people are warned in advance of the search, it is probably legal to do so. When provided with a warning or notice of the intention to search, consent to the search is presumed by the act of surrendering the bag at the checkpoint. Assuming that the hospital is private property and your role as security is for that private institution, there are no constitutional implications -- the constitutional protections apply only against _governmental_ actions, not against private actions.

    From the institution's perspective, the search and inventory is for their own protection. First, the check requirement is in the first place to prevent things coming into or leaving the ER which the hospital does not want to deal with in the ER (drugs, weapons, etc.). Second, no doubt somebody has (or would have soon) claimed that their roll of cash was missing from the bag checked at the ER.

    As a private security officer, your primary concern is keeping your employer and supervisor happy. If the conditions are intolerable to you, best to ask for another assignment away from the ER checkpoint or to seek a new job. Private employers running private property are essentially free to set their own rules -- when people come onto that private property they are held to the rules set out for that property.

    www.integrityoregon.com

    Good luck!

    See question 
  • Is there basis for civil action due to foul, offensive and abusive language and public humiliation and embarrassment?

    I was stopped at a road block on a public road set up by a private organization. I was told I could buy tickets to an event I had no intention of attending or "donate" the money to the private association. When I refused, my wife and I were subjec...

    Robert’s Answer

    Based on the facts you present, this is an issue for the State Police, the local District Attorney and the Attorney General of Washington, not for a civil action. Assuming that the conduct actually occurred in Washington State, and not a failed third-world nation, it sounds like a serious crime has been committed.

    www.integrityoregon.com

    Good luck!

    See question