Fairview Hospital v. Fortune

Patricia Ann Blackmon, Judge.

This appeal raises the issue whether R.C. 3901.38 mandates a third-party payer to honor and to accept a validly executed assignment of benefits entered between its insured and the insured’s medical provider. Appellant Fairview Hospital sued appellee Medical Mutual of Ohio (“Medical Mutual”) for $18,347.91, claiming title to the funds under the assignment of benefits executed by appellee’s insured Barbara Fortune, whom it had treated. Medical Mutual successfully received summary judgment arguing that its anti-assignment clause forbid it from paying Fairview…