Blue Cross v. Jump

In this cause, we must determine whether the trial court erred in vacating the superintendent’s order; and also whether the relevant provisions of R.C. Chapter 1739 are constitutional.

I

The lawfulness of the trial court’s vacation of the superintendent’s order depends upon the construction given R.C. 1739.01(M). In relevant part, this section provides:

“ ‘Good faith effort’ means a conscientious, vigorous, and continuing attempt by a hospital service association through a combination of education, persuasion, and financial incentives and disincentives to control costs and to encourage member…