Muskingum County Court

Editorial: Changing the rules of the game is unfair

The fight about the certificate of need for the Muskingum County Home might be done.

It's not clear if there any winners, but there are plenty of losers.

In 2010, the Muskingum County commissioners (John Bates, Brian Hill and Jerry Lavy) filed for a certificate of need in an attempt to get 72 of the 80 county home beds certified for Medicare/Medcaid reimbursement. Steve Hitchens, president of Autumn Health Care filed an objection with the Ohio Department of Health after the certificate was initially approved. The objection was upheld by an administrative hearing officer. The county lost its appeals, and the ruling stated there was no need for additional beds in the county.

The case currently is in the jurisdiction of the 10th District Court of Appeals in Columbus, but Hill and Lavy have said the case will be dropped because of a new law included in the state budget. Commissioner Jim Porter, who replaced Bates, voted against the second appeal and is opposed to the certification.

Now State Sen. Jimmy Stewart has stepped in to help -- at the request of the commissioners last winter. Stewart made a poor decision when he decided to add an amendment in the ODH's section of the state budget that basically changed the rules of the game. Now the county does not have to show a need for beds to receive a reimbursement as long as it meet one of three requirements:» The county home is located in a county that has a bed need shortage.

» No county that borders that county has a bed need excess or bed need shortage.

» The number of the county home's existing beds for which Medicaid or Medicare certification is sought does not exceed the bed need shortage quantity of the county in which the county home is located and the county home obtains Medicaid or Medicare certification for the existing beds no later than Dec. 31, 2013.

Stewart doesn't need to be concerned about bypassing the rules of the game everyone else has followed. He's leaving the senate this month for a job with the Ohio Gas Association. And the Ohio Department of Health -- which previously agreed with Hitchens -- doesn't care, either. Jody Govern, general counsel for ODH, told the Times Recorder the organization did not object to the amendment because if only effects one county in the state.

It is this type of behavior that rightly sours people's belief in their leaders and government. We elect officials we believe will represent our best interest, not discard the regulations that do not suit them. And we expect state organizations will operate under the rule of fair and equal treatment of all, instead of looking the other way.

Teens charged in break-in, stealing synthetic pot | K2 INFO

NEWARK, NJ. — Two teenagers accused of stealing synthetic marijuana and other items from a Newark convenience store were charged with breaking and entering.

Early Saturday, police said a 17-year-old boy and a 13-year-old boy broke into Stop Mart, 413 Mount Vernon Road, to steal 167 packages of synthetic marijuana, called K2, posh or spice, Licking County Juvenile Court Administrator Dave Edelblute said.

The 13-year-old pleaded “deny” on both of his counts — breaking and entering and obstructing official business, a second-degree misdemeanor — in front of Licking County Juvenile Court Magistrate Chris Strefelt.

He has been placed on house arrest pending his trial, which is scheduled for July 25.

The 17-year-old pleaded “deny” on one count of breaking and entering, a fifth-degree felony, during an arraignment in Licking County Probate Judge Robert Hoover’s courtroom Monday afternoon. He is being held in the Multi-County Juvenile Detention Center in Lancaster, pending his July 18 trial.

He also had a warrant for his arrest issued by Muskingum County Juvenile Court on June 1, according to Licking County Probation Officer Rich Christian. The warrant was for a violation of probation for a gross sexual imposition charge in Muskingum County.

“He’s also basically been on the run and living in an abandoned home,” Christian said, while recommending that that 17-year-old be held in detention.

They reportedly broke the windows to enter the store, then left in a vehicle after the theft, Newark Detective Sgt. Dave Haren said.

Witnesses described the vehicle, which police tracked to locate the two boys, Haren said.

Clothing and a cell phone were stolen from NYC Urban Wear in the same building, Haren said. Police have not determined if the two suspects committed both break-ins, he added.

In November, the Drug Enforcement Administration temporarily banned five chemicals typically found in synthetic marijuana for a year, making the possession or selling of the products that contain those chemicals illegal, said Barbara Carreno, spokeswoman for the DEA.

“All of them should be presumed to be unsafe,” she said, adding that they cause hallucinations and other side effects that marijuana doesn’t.

The ban has done little to deter local sales.

“It’s carried in some stores in the area,” Haren said.

Ohio circuit court reports, New series. Cases adjudged in the Circuit courts of Ohio

Pennsylvania archaeologist

Proceedings at the Dedication of the Muskingum County Court House on Tuesday, May 1, 1877

The Ohio law journal

The Northeastern reporter