ROLF Obtains Ruling Declaring Ohio Statute Unconstitutional

ROLF  obtained a temporary restraining order and ultimately a final judgment declaring an Ohio statute unconstitutional and barring the Ohio Department of Medicaid (ODM) from terminating a nursing facility’s participation in the Ohio Medicaid program. ODM sought to terminate the nursing facility pursuant to R.C. 5165.771, an Ohio statute that required nursing facilities to be terminated from the Medicaid program without any hearing or appeal rights if they are listed on the federal Special Focus Facility list for a certain period of time. After extensive briefing and a trial, ROLF attorneys obtained a judgment confirming that Ohio health-care providers have a constitutionally protected property interest in their continued participation in the Ohio Medicaid program, and that R.C. 5165.771 unconstitutionally violated providers’ due-process rights by depriving them of their participation in the Medicaid program without any hearing or appeal procedures.

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