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· 10/29/2020

CT Ohio Portsmouth, L.L.C. v. Ohio Dept. of Medicaid

Citations

  • 161 N.E.3d 803
  • 2020 Ohio 5091

Syllabus

Trial court did not err by concluding R.C. 5165.771 violates the due process protections of the United States Constitution and Ohio Constitution. Ohio's Medicaid statutes create a constitutionally-protected property interest for nursing facilities in continued participation in the Medicaid program, and R.C. 5165.771 does not contain adequate procedural protections to prevent deprivation of that property interest without due process of law. Dispute regarding timing of termination from Medicaid program was rendered moot by the passage of the later potential termination date while case was pending in trial court. Trial court did not err by concluding R.C. 5165.771 does not violate the nondelegation doctrine because the statute does not delegate any legislative power to the Ohio Department of Medicaid.

Judges: Dorrian

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