from the Franklin County Court of Common Pleas Nos.
& Robon, Ltd., and R. Ethan Davis, for appellant TLC
Health Care Services, LLC.
Webster & Associates Co., LPA, Geoffrey E. Webster, and
Bryan M. Pritikin, for appellants Medcorp, Inc. and Medcorp
E.M.S. South, LLC.
Geoffrey E. Webster.
Michael DeWine, Attorney General, and Rebecca L. Thomas, for
Rebecca L. Thomas.
1} Plaintiffs-appellants, TLC Health Care Services,
LLC ("TLC") and Medcorp, Inc. and Medcorp E.M.S.
South, LLC ("Medcorp") (collectively
"appellants"), appeal from a judgment of the
Franklin County Court of Common Pleas dismissing their claims
against defendants-appellees, Ohio Department of Job and
Family Services ("ODJFS") and Helen E.
Jones-Kelley, Director of ODJFS (collectively
"appellees"), for lack of subject-matter
jurisdiction. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
2} At all relevant times, appellants engaged in the
business of providing both emergency and non-emergency
ambulance services and emergency and non-emergency ambulette
services (wheelchair van) for patients enrolled in the Ohio
Medicaid program administered by appellees. In order for
appellants to conduct such business, appellees required
appellants to obtain Medicaid certification and to execute
provider agreements setting forth the terms of service,
including the rate of reimbursement for covered services
provided. Ohio Adm.Code 5160-1-17.2 defines the provider
agreement, in relevant part, as follows:
A provider agreement is a contract between the Ohio
department of job and family services (ODJFS) And a provider
of medicaid covered services. By signing this agreement the
provider agrees to comply with the terms of the provider
agreement, Revised Code, Administrative Code, and federal
statutes and rules.
3} Ohio Adm.Code 5160-1-60 sets forth the Medicaid
payments providers are to receive for covered services, in
relevant part, as follows:
(A) The medicaid payment for a covered procedure, service, or
supply constitutes payment in full and may not be construed
as a partial payment when the payment amount is less than the
provider's submitted charge.
(B) * * * The medicaid payment amount for a covered service,
procedure, or supply is the lesser of the submitted charge or
the established medicaid maximum. Medicaid maximum payment
amounts for many existing services, procedures, and supplies,
particularly services rendered by practitioners of the
healing arts, are set forth in the appendix to this rule.
4} On December 11, 2007, Medcorp filed a complaint
against appellees in the Lucas County Court of Common Pleas.
The complaint alleges the Medicaid reimbursement rates set by
appellees are so low as to violate state and federal
statutory, regulatory, and constitutional provisions,
including 42 U.S.C. 1983, 42 U.S.C. 1396a(a)-(30)(A), 42
C.F.R. 447.204, R.C. Chapter 5111, R.C. 5111.01 and 5111.02,
the Due Process Clauses, the Equal Protection Clauses, and
the Takings Clauses. The complaint further alleges the
Medicaid reimbursement rates set by appellees constitute a
breach of the provider agreement. On May 12, 2008, TLC filed
a complaint against appellees in the Lucas County Court of
Common Pleas alleging the same claims. Appellants'
complaints seek declaratory and injunctive relief, as well as
"just compensation for Medicaid reimbursement monies
taken to which it is entitled." (TLC Compl. at 9;
Medcorp Compl. at 10.)
5} On appellees' motion, the Lucas County Court
of Common Pleas transferred venue of the two cases to
Franklin County, and the trial court in Franklin County
consolidated the two cases pursuant to Civ.R. 42(A). On
October 10, 2008 and January 20, 2009, appellees filed a
motion to dismiss, pursuant to Civ.R. 12(B)(1), for lack of
subject-matter jurisdiction. Appellees argued because
appellants alleged claims for monetary relief against the
state of Ohio sounding in breach of contract, the Court of
Claims of Ohio had exclusive original jurisdiction of the
complaints. Appellants argued even though the complaints seek