Capital Care is a medical facility that offers abortion services. It had been licensed for years to operate as an ambulatory surgical facility. An Ohio statute was passed that required all abortion providers to have a license from the Director of the Ohio Department of Health, and such licenses required providers to have a written transfer agreement with a local hospital. Capital Care could not obtain a transfer agreement with a local hospital, but had such an agreement with a nearby hospital in Ann Arbor, Michigan, yet was denied a license. The plaintiff sued in the Lucas County Court of Common Pleas, claiming this requirement placed an undue burden on women’s access to abortions. The Court ruled in favor of the plaintiff, and the Court of Appeals of Ohio affirmed that the transfer agreement requirement was unconstitutional as applied to Capital Care.
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