Surber v. Keating

No. C-980253 (Ohio Ct. App. filed June 1, 1998). ; Clearinghouse Number: 52264

Description

Low-income Patients Appeal Trial Court Decision Allowing Privatization of County Hospital

Abstract

Plaintiff-appellants—low-income patients who have chronic medical conditions and rely on a university hospital as an important source of treatment—appealed a trial court decision that city charter did not prohibit the transfer of hospital ownership from the county to a private nonprofit organization and that plaintiffs therefore lacked standing. The university hospital is the largest provider of care to the medically indigent in the county where the hospital is located. When this action was filed, the hospital received nearly $30 million a year from a county tax levy to provide free and low-cost care to county low-income residents. City of Cincinnati owned the hospital but transferred management to a state university, which later transferred its interest to a private nonprofit organization to cut costs and to reorganize. Plaintiffs alleged that the transfer violated the city charter and ordinances and the state law requirement that any transfer under the law be for the public purpose of better providing for the health and welfare of the people of the state. Plaintiffs alleged that the transfer constituted a breach of the public trust. They argued that removing the university hospital oversight and control directly affected their access to health care because there was no assurance that they would be able to obtain services at the hospital. They argued that city’s charter allowed the city council to transfer only limited amounts of control and that privatization eliminated public accountability in that it handed over all of the council’s duties.

Additional Information

Attorney Information
Plaintiff-appellants represented by John E. Schrider Jr., Gary Pieples, Legal Aid Society of Cincinnati, 901 Elm St., Cincinnati, OH 45202; 513.241.9400.
Docket Date
1998-06-01 00:00:00+00:00

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