MedCorp, Inc. v. Ohio Department of Job & Family Services

2009 Ohio 2058, 121 Ohio St. 3d 622
CourtOhio Supreme Court
DecidedMay 7, 2009
Docket2008-0584 and 2008-0630
StatusPublished
Cited by30 cases

This text of 2009 Ohio 2058 (MedCorp, Inc. v. Ohio Department of Job & Family Services) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MedCorp, Inc. v. Ohio Department of Job & Family Services, 2009 Ohio 2058, 121 Ohio St. 3d 622 (Ohio 2009).

Opinions

[623]*623Moyer, C.J.

I

{¶ 1} The Tenth District Court of Appeals certified this case pursuant to Section 3(B)(4), Article IV of the Ohio Constitution and App.R. 25, concluding that its judgment is in conflict with the judgment of the Second District Court of Appeals in David May Ministries v. State ex rel. Petro, Greene App. No. 2007 CA 1, 2007-Ohio-3454, 2007 WL 1953684, on the following issue: “Does R.C. 119.12’s ‘grounds’ requirement, which provides that a notice of administrative appeal must state the ‘grounds’ for the appeal, require an appellant to specify something beyond restating the statutory formula that the order appealed from is ‘not in accordance with law and is not supported by reliable, probative, and substantial evidence?’ ” We accepted the discretionary appeal of the Ohio Department of Job and Family Services on the same issue and consolidated the cases. 118 Ohio St.3d 1431, 2008-Ohio-2595, 887 N.E.2d 1201.

{¶ 2} For the following reasons, we answer the certified question in the affirmative and reverse the judgment of the court of appeals. We hold that parties filing an appeal under R.C. 119.12 must identify specific legal or factual errors in their notices of appeal, not simply restate the standard of review for such orders.

II

{¶ 3} Appellee, MedCorp, Inc., is a medical-transport company that provides ambulance and ambulette services to qualified Medicaid patients. Upon an audit of the claims that MedCorp had submitted in 1996 and 1997, the Ohio Department of Job and Family Services disallowed all the claims that had been paid. The department subsequently ordered MedCorp to repay $534,719.27 that the department had paid to MedCorp for the disallowed claims.

{¶ 4} MedCorp appealed the department’s order to the Franklin County Court of Common Pleas pursuant to R.C. 119.12. MedCorp’s notice of appeal stated:

{¶ 5} “Pursuant to sections 119.12 and 5111.06 of the Ohio Revised Code, MedCorp, Inc., by and through counsel, hereby appeals from the Adjudication Order issued by the Ohio Department of Job and Family Services dated April 19, 2006 * * *. The Adjudication Order is not in accordance with law and is not supported by reliable, probative, and substantial evidence.”

{¶ 6} The department filed a motion to dismiss the appeal, arguing that MedCorp’s notice of appeal failed to state the grounds upon which its appeal was based, as required by R.C. 119.12, and therefore did not properly invoke the trial court’s jurisdiction. Rather than ruling on the motion to dismiss, the trial court [624]*624issued a decision on the merits of the appeal and reversed the department’s order.

{¶ 7} The department appealed to the Franklin County Court of Appeals and raised the question of the trial court’s jurisdiction, along with a question on the merits. The court of appeals, citing Derakhshan v. State Med. Bd. of Ohio, Franklin App. No. 07AP-261, 2007-Ohio-5802, 2007 WL 3148684, concluded that MedCorp’s notice of appeal set forth sufficient grounds to invoke the jurisdiction of the trial court, and it affirmed the trial court’s decision on the merits.

Ill

{¶ 8} Pursuant to R.C. 119.12, “[a]ny party desiring to appeal [an order of an administrative agency] shall file a notice of appeal with the agency setting forth the order appealed from and the grounds of the party’s appeal.” The precise issue before us is what the statutory phrase “grounds of the party’s appeal” requires: may an appealing party meet this burden by simply providing a general statement that the underlying order “is not in accordance with law and is not supported by reliable, probative, and substantial evidence,” as MedCorp did in this case, or are more specific objections required?

{¶ 9} When construing a statute, we first examine its plain language and apply the statute as written when the meaning is clear and unambiguous. See State v. Lowe, 112 Ohio St.3d 507, 2007-Ohio-606, 861 N.E.2d 512, ¶ 9. The words used must be afforded their usual, normal, and/or customary meanings. See Proctor v. Kardassilaris, 115 Ohio St.3d 71, 2007-Ohio-4838, 873 N.E.2d 872, ¶ 12; R.C. 1.42.

{¶ 10} The Random House Dictionary of the English Language defines “grounds” in this context as “the foundation or basis on which a belief or action rests; reason or cause: grounds for dismissal.” (Italics sic.) Random House Dictionary (2d Ed.1987) 843. Black’s Law Dictionary provides a similar definition for “ground”: “[t]he reason or point that something (as a legal claim or argument) relies on for validity < grounds for divorce > < several grounds for appeal>.” Black’s Law Dictionary (8th Ed.2004) 723. These definitions support the conclusion that a “ground of the pax-ty’s appeal” is the discrete reason or x-easons that caused the party to appeal.

{¶ 11} Thus, to comply with R.C. 119.12, an appealing pax-ty must state in its notice of appeal the specific legal and/or factual reasons why it is appealing. The statute does not suggest that parties must present these reasons in exacting detail. Rather, pax-ties must simply designate the explicit objection they are raising to the administrative agency’s order, much in the same way that appellants in a coux-t of appeals must assex-t specific legal arguments in the form of assignments of ex-ror and issues for review, App.R. 16(A)(3) and (4), and appel[625]*625lants in this court must advance propositions of law, S.Ct.Prac.R. III(1)(B)(4) and VI (2) (B) (4).

{¶ 12} In this case, MedCorp claimed that the department’s audit determination was based on a flawed statistical-sampling methodology for which there is no provision in the department’s internal procedural manuals. Thus, in its notice of appeal, MedCorp could have stated, “The department erred when it employed a flawed statistical-sampling methodology to support its audit finding against MedCorp” or “The department used a statistical-sampling methodology not provided for in its internal procedural manuals.” If MedCorp believed that the department acted in contravention of a specific statute, it could have simply said, “The department’s audit was not conducted in compliance with” that statute. Any of these statements could fairly be called grounds for appeal, and all would have notified the court and the department of the precise argument being-advanced.

{¶ 13} Allowing a party to simply allege that the administrative order in question “is not supported by reliable, probative, and substantial evidence” and/or “is not in accordance with law” in its notice of appeal would create a result inconsistent with the clear intent driving the statute. We must avoid constructions that create absurdities, see In re T.R., 120 Ohio St.3d 136, 2008-Ohio-5219, 896 N.E.2d 1003, ¶ 16, and we must construe statutes so as to give effect to the General Assembly’s intent in enacting them, see Ackison v. Anchor Packing Co., 120 Ohio St.3d 228, 2008-Ohio-5243, 897 N.E.2d 1118, ¶ 36.

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Bluebook (online)
2009 Ohio 2058, 121 Ohio St. 3d 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medcorp-inc-v-ohio-department-of-job-family-services-ohio-2009.