By 1808Delaware
The Ohio Attorney General’s Office has told Delaware City Council that it does not have express legal authority to enforce an affiliation agreement that city officials believe requires OhioHealth to maintain maternity services at Grady Memorial Hospital.
The response was sent Thursday, July 30, following the council’s adoption of Resolution 26-49 concerning OhioHealth’s planned closure of the hospital’s maternity unit. The letter was posted on social media by Linsey Griffith, who represents Delaware City Council’s 1st Ward.
In its resolution, council asked the Attorney General’s Office to enforce an agreement involving OhioHealth Corporation, Grady Memorial Hospital, and the Delaware community, particularly provisions dealing with the continuation of core hospital services such as obstetrics. The state’s response acknowledges the importance of the issue but says enforcement would generally rest with the parties to the agreement.
Office Says Its Authority Is Limited
“After careful review, we must advise that the Ohio Attorney General’s Office does not possess express statutory authority to enforce post-closing contractual obligations such as this,” the letter states.
According to the Attorney General’s Office, affiliation agreements between healthcare entities and community organizations are typically enforced through contract law rather than direct state action.
“The enforcement of such agreements typically falls within the purview of the parties to the contract and may be pursued through civil remedies in the courts if a breach is alleged,” the office wrote.
The letter indicates that the Attorney General could become involved if a specific Ohio statute granted the office enforcement authority. It said no such express authority applies to compelling compliance with the contractual obligations cited by council.
Closure Has Raised Community Concerns
The Attorney General’s Office recognized that the loss of maternity services would affect families, medical professionals, and the larger Delaware County community.
“We recognize the significance of this issue for families, healthcare professionals, and the broader community,” the letter states.
The office did not determine whether OhioHealth has violated the affiliation agreement. Instead, its response explains that any allegation of breach would likely need to be raised by a party with the legal ability to enforce the contract, potentially through a civil court action.
That distinction leaves open the central question of who, if anyone, has standing to challenge the maternity unit closure under the terms of the agreement.
State Encourages Continued Discussion
Although declining to take enforcement action, the Attorney General’s Office urged OhioHealth, community representatives, and other parties to continue discussing possible solutions.
“We encourage all parties to engage in constructive dialogue and explore collaborative solutions that prioritize the health and safety of Delaware County residents,” the letter states.
The office concluded by thanking council members for raising the matter and said it remains committed to supporting public health and access to safe and timely healthcare across Ohio. The response represents an official answer to council’s request, but it does not resolve the local dispute over whether the affiliation agreement requires maternity services to remain available at Grady Memorial Hospital.
