Johansen v. Ohio Dep’t of Mental Health (Summary)

NPDB REPORTING

Johansen v. Ohio Dep’t of Mental Health, No. 12AP-39 (Ohio Ct. App. Oct. 18, 2012)

The Court of Appeals of Ohio affirmed a trial court’s grant of summary judgment to the Ohio Department of Mental Health on a psychiatrist’s promissory estoppel claim. A health care facility owned and operated by the Department terminated his employment. He filed a grievance pursuant to a collective bargaining agreement, and the health care facility entered into a written settlement agreement that changed the termination to a resignation. The psychiatrist alleged that he signed the agreement on verbal assurances that no action would be taken on his privileges and that no report would be made to the National Practitioner Data Bank. Nevertheless, the facility took an adverse action and filed a report to the NPDB and the Ohio State Medical Board. Following an appeal to an ad hoc committee, the facility rescinded its reports. However, in the meantime, the psychiatrist had applied and been denied employment at another facility allegedly due to the NPDB report. He then sued the Department under a theory of promissory estoppel, and the trial court granted the Department’s motion for summary judgment with respect to the claim.

The appellate court affirmed. It found that the written settlement agreement governed the terms of the psychiatrist’s resignation. Since the agreement contained no restrictions on the facility’s ability to take action on his privileges or to make reports to the NPDB or the Ohio State Medical Board, the psychiatrist could not rely on parol evidence of oral assurances as a basis for a promissory estoppel claim.