Capital Care Network of Toledo v. Dept. of Health (Slip Opinion)

{¶ 36} I agree with the majority that appellant, Ohio Department of Health ("ODH"), lawfully revoked the operating license of appellee, Capital Care Network of Toledo ("Capital Care"), because Capital Care did not have a transfer agreement with a hospital as required by Ohio Adm.Code 3701-83-19(E). As stated by the majority, we need not address the constitutionality of R.C. 3702.303, 3702.304, and 3727.60, because the administrative rule provided an alternative and independent basis for ODH to revoke Capital Care's license.

{¶ 37} I write separately, however, to address the dissent's…