B.H. et al., Plaintiffs-Appellants,
State of Ohio Department of Administrative Services et al., Defendants-Appellees.
from the Franklin County Court of Common Pleas (C.P.C. No.
Michael H. Gertner; Law Offices of Karl W. Schedler, and Karl
W. Schedler, for appellants.
A. Wolfe, and J. Robert Rishel, Special Counsel for appellees
State of Ohio Department of Administrative Services, and
Robert Blair, Director of the Department of Administrative
Kegler, Brown, Hill & Ritter, L.P.A., and Ralph E.
Breitfeller, for appellees United Health Group Incorporated,
United HealthCare Services, Inc., and United HealthCare
Insurance Company of Ohio.
Trebilcock, and Thaddeus E. Morgan, pro hac vice for
appellees United Health Group Incorporated, United HealthCare
Services, Inc., and United HealthCare Insurance Company of
1} Plaintiffs-appellants, B.H. and R.H.
(collectively, "appellants"), appeal from a
judgment of the Franklin County Court of Common Pleas
granting motions for judgment on the pleadings filed by
defendants-appellees, the Ohio Department of Administrative
Services and Robert Blair, in his official capacity as
director of the Department of Administrative Services
(collectively, "DAS"), and UnitedHealth Group,
Incorporated, United HealthCare Services, Inc., and United
HealthCare Insurance Company of Ohio (collectively,
"United"). Because we conclude the portion of the
judgment granting United's motion for judgment on the
pleadings is not a final, appealable order, we dismiss the
appeal to the extent it challenges that portion of the
judgment. Further, because we conclude the trial court did
not err by granting judgment on the pleadings in favor of
DAS, we affirm that portion of the judgment.
Facts and Procedural History
2} B.H. is an employee of the state of Ohio and
receives health insurance coverage through his employer. R.H.
is B.H.'s son and is also covered as a dependent through
B.H.'s state employee health insurance plan. From July
11, 2012 until July 10, 2013, R.H. received mental health
treatment at a residential treatment facility in Virginia.
B.H. asserts that United denied insurance coverage for
R.H.'s treatment at the residential facility in two
letters issued on July 12 and August 8, 2012. B.H. claims
that he and his wife paid the full cost of R.H.'s
treatment, a total of $134, 600, as a result of the denials
3} Appellants filed a complaint in the Franklin
County Court of Common Pleas on July 9, 2015, asserting they
were entitled to a declaratory judgment because United and
DAS had wrongfully denied insurance coverage for R.H.'s
treatment. Appellants sought judgment against United and DAS
for the amount that would have been paid under the insurance
plan, which they asserted to be 60 percent of the total cost.
Appellants asserted United and DAS breached their fiduciary
duties by failing to provide a full and fair review of
appellants' insurance claims. Appellants further ...