Capital Care Network of Toledo v. Ohio Department of Health

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Since 1996, Ohio Department of Health regulations have required ambulatory surgical facilities to have a written transfer agreement with a hospital to facilitate treatment in the event of an emergency beyond the capability of the facility. ODH interprets Ohio Adm.Code 3701-83-19(E) to require ambulatory surgical facilities to have a transfer agreement with a hospital within 30 minutes’ transport from the facility. In 2013, the General Assembly enacted R.C. 3702.303(A), expressly requiring written transfer agreements to be negotiated with local hospitals. Capital operated with a negotiated written transfer agreement with the University of Toledo Medical Center but in April 2013, the university advised Capital that it would not renew its contract, which expired in July 2013. Capital continued operating without an agreement until January 20, 2014, when it negotiated a new agreement with the University of Michigan in Ann Arbor,52 miles from Capital’s facility. ODH revoked Capital’s health care facility license. The Ohio Supreme Court upheld the law, rejecting an argument that its enactment impedes rights guaranteed by the U.S. Supreme Court in Roe v. Wade. The matter is a policy decision made by the legislature, vesting the authority to license ambulatory surgical facilities in the ODH and defining the scope of judicial review of its decisions. Adhering to the doctrine of separation of powers, the court held that the order revoking Capital’s license was supported by reliable, probative, and substantial evidence and is in accordance with law. View "Capital Care Network of Toledo v. Ohio Department of Health" on Justia Law