Capital Care Network of Toledo v. State of Ohio Department of Health, Case No. 2016-1348
Sixth District Court of Appeals (Lucas County)
- Does Ohio's administrative rule O.A.C. 3701-83-19(E) validly require ambulatory surgical clinics to have written transfer agreements with hospitals in cases of "medical complications, emergency situations, and for other needs," and did the Ohio Department of Health director act in accordance with that law?
- Did the General Assembly violate the Ohio Constitution's one-subject clause by using the state budget bill to enact laws for granting ambulatory-surgical-facility licenses?
- Can a challenged law be found to be an "undue burden" on abortion rights only if a plaintiff makes a factual and legal showing of such a burden, and did the court find such a burden when the issue wasn't raised by one of the parties?
- Does Ohio law unconstitutionally delegate authority to a third party by requiring all ambulatory surgical facilities to have written transfer agreements with local hospitals in case of emergencies or other needs? According to the law, does the ultimate decision remain with the Ohio Department of Health?