Hand & Hand MRDD Residential Servs., Inc. v. Ohio Dep't of Developmental Disabilities
102 N.E.3d 1128
| Ohio Ct. App. | 2017Background
- Hand & Hand MRDD Residential Services, Inc. (owner John Flemon) held certifications to provide waiver services to about 14 adults across 9 sites since ~2004, with staff delivering 24-hour in-home care.
- A December 2014 compliance review yielded 17 citations; prior reviews (2006, 2008, 2009) also cited deficiencies; a 2010 suspension occurred after the 2009 review.
- Appellee Ohio Department of Developmental Disabilities proposed revocation of Hand & Hand's certifications under R.C. 5123.166 after the 2014 findings.
- A September 29–30, 2015 hearing produced a report recommending revocation, with mitigation allowing reapplication after five years.
- January 8, 2016 adjudication order revoked the certifications; Hand & Hand appealed to the Franklin County Court of Common Pleas, which upheld the order on February 6, 2017.
- Hand & Hand timely appealed to this court, which affirmed the trial court’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 5123.166(B)(4)(6)(9) requires proof of injury | Hand & Hand argues injury/actual harm must be shown | ODDD contends no injury proof is required under these provisions | No proof of injury required; statute not void for vagueness |
| Whether the revocation process violated the Bill of Rights under R.C. 5123.62 | Hand & Hand claims process failed to consult consumers and assess impact | ODDD contends process governed by 5123.166; no required consultation mandate found | Process did not violate 5123.62; no error in not consulting consumers |
| Whether the court should have balanced negative impact vs. deficiencies in determining good cause | Hand & Hand asserts a balancing test should be applied | ODDD argues no balancing test is required; record shows good cause existed | No balancing test required; substantial evidence supported good cause |
Key Cases Cited
- Inrex Home Care, LLC v. Ohio Dept. of Dev. Disabilities, 8th Dist. No. 104921, 2017-Ohio-5745 (8th Dist. 2017) (vagueness and good-cause analysis under 5123.166(B))
- Saxe v. Ohio Dept. of Mental Retardation & Dev. Disabilities, 10th Dist. No. 09AP-1022, 2010-Ohio-4377 (10th Dist. 2010) (administrative appeal standards; deference to agency findings)
- Our Place, Inc. v. Ohio Dept. of Alcoholic Beverage Control, 63 Ohio St.3d 570, 589, 1992 (Ohio Supreme Court 1992) (standard of review for administrative decisions; reliability and weight of evidence)
- Cty. Med, Inc. v. Ohio Dept. of Dev. Disabilities, 8th Dist. No. 104921, 2017-Ohio-5745 (8th Dist. 2017) (nonfeasance definitions and relation to certification standards; no injury proof required)