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Neil Scott Rubin
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Neil Rubin’s Answers

466 total


  • Can Children's Services be sued for a Hippa violation in regards to sending case information to an unrelated person?

    My investigative case information (which includes medical treatment and prescribed medication, date of birth, provider information, full name, family and medical history, court representatives and actions taken, and private details of both my chil...

    Neil’s Answer

    There is no private remedy for a HIPAA violation. You can make a complaint to the HHS and they will investigate. The covered medical entity could be fined but you do not get anything. Having said that, if you can prove damages done by the disclosure there are possibly other causes-of-action which can be exploited, such as negligence. But you must be able to prove actual damages, not things which may happen in the future. What is most troubling to me is that this information can be used by someone to claim your medical insurance. My advice is to sign up for a subscription to one of the many ID protection websites. Also, call AND write your insurance company to tell them what happened.

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  • Do I need to know when I'm being recorded with someone's video surveillance on their home?

    I worked home health for a little while. I had a client who had a son he put up camera inside the home to check on his mom's safety and all that. Well today I just found out that he had cameras outside the home the whole time and I didn't know ab...

    Neil’s Answer

    Your office is correct. Under these circumstances there is no law which requires that you be notified of the presence of the camera. You have no expectation of privacy outside a dwelling nor in anyone else's home. Doesn't matter who owns it.

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  • Can my boyfriend be charged with any crime?

    I'm 17 years old and pregnant by my 18 year old boyfriend. He is 10 months older than me. My father doesn't approve of him and claims he's going to prosecute him for statutory rape. I believe the age of consent in Ohio is 16 and I didn't have sex ...

    Neil’s Answer

    As long as the sex was consensual it is not statutory rape because, you are correct, the age of consent in Ohio is 16. But there are other crimes which may be applied such as contributing to a delinquency of a minor. Your father has a right to be very upset, however, in Ohio the police officer is the complainant not the father of the alleged victim. Could your father convince local law enforcement to prosecute? Perhaps. But I would think there are now much more important issues to discuss.

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  • Is it legal for somebody to take a video recording out of somebody else's phone and share it with others?

    My husband and I have custody of his two children. Recently his two children went on a visit with their mother. The mother went through her daughter's phone and found a video taken in our home. The video was of my minor children including my sleep...

    Neil’s Answer

    Privacy issues are complex and much more information is needed. The first thing to consider, did this event cause harm to anyone?

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  • Do personal trainers bound by the same privacy laws as medical or similar professionals that handle your private information?

    My personal trainer (Body Building Prep Coach) has been acting strange for several weeks. He has told me that he has discussed my situation with different people. When I asked what information and who he has discussed it with he refuses to answe...

    Neil’s Answer

    HIPAA case law would need to be researched to see if a personal trainer has been held to be a "covered entity". I tend to think not. In any event, there is no private action for a HIPAA violation, just fines to be levied by the HHS. If I were in your shoes, I would contact your personal trainer's certifying organization and make a complaint. The organization will not take kindly to this breach of confidentiality. If your trainer has no particular certification, I do not see any actionable offense here.

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  • I received a notice from the DOL to provide records of payment, records of hours worked and agreements entered into.

    I lived with my cousin whom also cared for my daughter while I worked. I paid her in cash bi weekly. We did not have a written agreement. We did not discuss specific compensation amount, hours, or benefits. I thought we were in a "helping each oth...

    Neil’s Answer

    I don't know why the DOL would go after such a small fish as you, but I suspect that a complaint was filed by someone. This could be real trouble, not only with the DOL but the IRS! Hire an employment attorney from your area. You can find one at www.oelasmart.net (Ohio Employment Lawyer's Association). Yes, an experienced lawyer is going to cost you but DO NOT give the DOL information or appear without counsel.

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  • Doesn't my employer have to offer me the same benefits as they give their full time staff? or just "affordable" benefits?

    I work at a hospital as a nuclear medicine technologist part time. I have been able to pick up additional hours by running the "command center" for the transporter team. Between the 2 jobs, I have worked FT hours for the past 3 years (40+ hours ...

    Neil’s Answer

    There MAY be a claim here under the Fair Labor Standards Act, or Ohio Wage and Hour law but much more information is required and beyond the scope of this forum. You can find a good employee's counsel in your area on www.oelasmart.net (The Ohio Employment Lawyer's Assn).

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  • Though imperfect, how does a person self-teach law school as the curriculum in law school?

    particularly if the person is very intelligent yet quite poor; how effective is this in pro-se defenses such as criminal, suit for damages , and bankruptcy? This source presents some empirical data regarding pro-se defense http://digitalcommons...

    Neil’s Answer

    I read each new appellate case in my practice area which gets published in Ohio. The pro se cases 99% of the time get dismissed for what the lay person would call a "technicality". There is no such thing as a "technicality" if the action or lack thereof can cause a dismissal. There are Federal Rules of Evidence, criminal procedure, civil procedure and local rules. The same goes for state common pleas and municipal cases. And another thing (although my colleagues may disagree) but little of what I was required to learn in law school is useful. What IS useful, however, is my 18 years of fighting in the trenches, making mistakes and correcting my errors. Let me end with this question: If you had no dental insurance and an infected molar needed to be extracted, would you perform the procedure yourself?

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  • In Ohio law, can a legaly binding document be drawn up to release any health care provider form the responsibility of treating

    In Ohio law, is it legally possible to have a legaly binding document drawn up that will release any health provider from the responsibility of providing medical care to me and then have this document be inforce now and for an unspecified amount o...

    Neil’s Answer

    Your question is unclear but I think what you are asking is if a medical provider can treat you and be released from all mistakes which may occur. My opinion is no. Ohio contract law does not allow a complete release of negligence. However, there could be a statement which you will need to sign which shows you what risks there are for the treatment you are getting. But a blanket release of all liability-no.

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  • Is there anything that I can do to make them follow policy?

    My employer cut my hours in half without even notifying me much less asking and when another position offering more hours became available they filled it in less than 24 hours, our company policy states that any open positions must be posted in ...

    Neil’s Answer

    If you are an at-will employee (which 98% of Ohioans are who work), you can not compel any certain behavior by your employer unless it is unlawful regardless of the stated policy. You have not given any facts which would suggest that your employer is breaking any law of discrimination but it may be indicated to get a consultation to discuss the details.

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