2022 Ohio 272
Ohio Ct. App.2022Background
- In Aug. 2020 Patrick Walsh requested from the Ohio Department of Health (ODH) a statewide "death registry" from Jan. 1, 2020 to present listing decedents' names, DOB, SSN (last 4), last address, occupation, and ICD‑10 cause(s) of death.
- ODH denied the public‑records request; Walsh sued in mandamus to compel disclosure under Ohio's Public Records Act (R.C. 149.43).
- The trial court granted ODH's Civ.R. 12(B)(6) motion to dismiss; Walsh appealed.
- The dispute centered on whether R.C. 3701.17 (confidentiality of "protected health information") bars release of cause‑of‑death and other identifying data in ODH death records, and whether availability of certified death certificates under R.C. 3705 affects that analysis.
- The court affirmed dismissal, holding cause‑of‑death entries qualify as protected health information and that death certificates are obtainable only by certified copy under R.C. 3705 (not generally releasable under R.C. 149.43); prior agency practice and estoppel/rulemaking arguments failed.
- A concurring judge emphasized that fully de‑identified, aggregate data would be releasable; a partial dissent would have ordered in‑camera review and redaction of protected health information before release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does R.C. 3701.17 bar disclosure of cause of death in ODH death records under the Public Records Act? | Walsh: statute applies only to living persons; cause of death is not confidential for decedents. | ODH: cause of death reveals a decedent's past physical condition and thus is "protected health information" that cannot be released absent consent or statutory exception. | Held: R.C. 3701.17 covers decedents; cause of death is protected health information and generally not releasable under R.C. 149.43. |
| Does public availability of death certificates under R.C. 3705 make the same information a public record under R.C. 149.43? | Walsh: death certificates (which include cause of death) are public, so the death registry should be releasable. | ODH: since 2003 uncertified death certificates are not releasable under R.C. 149.43; certified copies are available only via statutory procedure and fee. | Held: Death certificates are not public records under R.C. 149.43; certified copies are obtainable only by following R.C. 3705 procedures, so PRA does not compel release of the registry. |
| Does ODH's prior practice of releasing cause‑of‑death data, or a change in its interpretation, estop ODH or amount to unlawful rulemaking? | Walsh: prior releases and a change in interpretation favor disclosure and invalidate ODH's current refusal. | ODH: prior practice does not override unambiguous statutory text; estoppel does not apply against the State in this context. | Held: Prior practice and alleged rulemaking/doctrines of estoppel do not trump clear statutory language; the agency's earlier releases are immaterial. |
| Is mandamus an appropriate vehicle to obtain relief and to vindicate alleged due process violations from ODH's interpretation? | Walsh: mandamus should compel production and can address procedural due process violations from the agency's changed interpretation. | ODH: mandamus is the appropriate remedy to enforce the PRA but not to litigate separate due process claims in this context. | Held: Mandamus is the correct remedy to enforce R.C. 149.43, but Walsh failed to show entitlement to the writ here; the court did not adjudicate a standalone due process claim. |
Key Cases Cited
- State ex rel. Fire Rock, Ltd. v. Ohio Dept. of Commerce, 163 Ohio St.3d 277 (2021) (administrative deference has no place when statutory text is unambiguous)
- State ex rel. Gannett Satellite Info. Network v. Petro, 80 Ohio St.3d 261 (1997) (purpose of Public Records Act is to expose government activity to public scrutiny)
- Perez v. Cleveland, 66 Ohio St.3d 397 (1993) (historical treatment of death certificates as public records before statutory amendment)
- State ex rel. Fenley v. Ohio Historical Soc., 64 Ohio St.3d 509 (1992) (undisputed that uncertified death certificate was a public record under prior law)
- Vargo v. Travelers Ins. Co., 34 Ohio St.3d 27 (1987) (coroner/physician cause‑of‑death is an expert medical opinion)
- Cuyahoga Cty. Bd. of Health v. Lipson O'Shea Legal Group, 145 Ohio St.3d 446 (2016) (records inextricably linked to protected health information may require in‑camera review and redaction rather than blanket withholding)