Ohio law requires that all ambulatory surgical facilities, like abortion centers, have a transfer agreement with a local hospital. If an ambulatory surgical facility does not have a hospital transfer agreement, the Ohio Department of Health will shut down that facility.
No local hospital will grant a transfer agreement to owner/abortionist Martin Haskell or to Roslyn Kade, who does most of the abortions in Kettering. And it’s not just here. They can’t get a transfer agreement from any hospital in Cincinnati, where they have done abortions.
In fact, the Ohio Department of Health has closed down Haskell's surgical abortion center in Sharonville for not having a transfer agreement with a local hospital.
Without a hospital transfer agreement the abortion center would be shut down by the Ohio Department of Health. In fact, in the past the ODH has issued shut-down orders when the Kettering abortion center had not provided proof of transfer agreement.
In November of 2013 doctors in the Wright State Physicians group agreed to provide emergency back up services at Miami Valley Hospital for the Kettering abortion center and on the basis of that contract the abortionist requested a variance from the requirement for a hospital transfer agreement.
In September of 2015, Haskell joined with Planned Parenthood of Southwest Ohio in filing a lawsuit against Ohio Department Director, Richard Hodges. The lawsuit maintains that Ohio's regulations related to these abortion facilities are unconstitutional because they threaten the availability of abortion in Southwest Ohio.
Haskell and the abortion center, Women's Med Center, request a variance with the Department of Health.
Responding to a Feb 12, 2014 letter from ODH, Haskell’s lawyers submit a modified version of the contract between Haskell and the Wright State Physicians group.
New version of contract with Wright State Physicians and the request for a variance are sent to ODH.
The Ohio Department of Health denies request for a variance and gives Haskell 30 days to submit a new proposal or else the department may propose revocation of the facility’s ambulatory surgical facility license.
Haskell submits a new request for a variance, based on a contract signed by Dr. Janice Duke, Dr. Sheila Barhan, and Dr. Jerome Yaklic, all members of the Wright State Physicians Group. The request also includes a contract signed by Dr. Alan Marco, president and CEO of the Wright State Physicians Group, which says that in the event the three primary physicians are not available, other Wright State group OB/GYN physicians will provide emergency back up services.
Haskell and Planned Parenthood of Southwest Ohio file suit against the Director of the Ohio Department of Health, contending that the requirement that abortionists must have a written transfer agreement with a nearby hospital is unconstitutional. The suit also contends that the 2013 statute prohibiting public hospitals from providing transfer agreements to abortionists is unconstitutional.
U.S. District Court Judge Michael R. Barrett issues order that Women’s Med Center in Kettering and Planned Parenthood’s Cincinnati abortion center may stay open and continue committing abortions while they appeal ODH's decision. Planned Parenthood of Southwest Ohio submits a new request for a variance.
U.S. District Court Judge Michael R. Barrett grants preliminary injunction allowing Planned Parenthood of Southwest Ohio’s Cincinnati abortion center to stay open (blocking the state health department from suspending the abortion center’s license).
Ohio Department of Health releases a report stating that the Women's Med Center in Kettering, in connection with a 2015 abortion, failed to "ensure a patient was allowed to refuse or withdraw consent for treatment when her physical and cognitve condition precluded her from participating in her treatment."
Dayton Right to Life files complaint with the State Medical Board of Ohio urging it to investigate the findings in the report issued on July 22, 2016 by the Department of Health.
Ohio Department of Health denies Women's Med Center request for a variance to the requirement that it must have a written transfer agreement with a local hosptal. The request for 2016 had been submitted on August 26, 2016.
Ohio Department of Health revokes the Ambulatory Surgical Center license of Women’s Med Center in Kettering. Revocation follows denial of a variance request in September 25, 2015, and an appeals hearing on April 28, 2016. Women's Med Center has 15 days to file an appeal in Ohio Common Pleas Court either in Montgomery or Hamilton County.
Montgomery County Common Pleas Court Judge Mary Wiseman rules on the December 2, 2016 appeal by the Women’s Med Center in Kettering, granting its motion to suspend and stay the Ohio Department of Health's decision to renew and revoke the abortions center’s license. In line with these rulings, the abortion center will remain open until a final decision is made. (See full text of ruling; See news story)
Women's Med Center files brief in Montgomery County Common Pleas Court, setting forth its arguments for requesting that the court reverse the Department of Health’s refusal to and revocation of the abortion center's license and its denial of variance of the written transfer agreement requirement.
CEO of Wright State Physicians, Alan Marco steps down and is replaced by Dr. Jerome Yaklic. Yaklic is one of the signers of the contract collaborating with late-term abortionist Haskell to keep his abortion center operating.
Montgomery County Common Pleas Court Judge Mary Wiseman rules on August 22, 2018 to uphold the order from the Department of Health to revoke and refuse to renew Women's Med Center's ambulatory surgical facility license. The ruling also stated that the stay issued December 2016 will expire in 30 days unless an appeal is filed. (See text of ruling.)
As CEO of Wright State Physicians, Alan Marco is the primary signer of the contract with abortionist Martin Haskell that allows him to keep his late-term abortion business open in Dayton. Marco stepped down 3/31/17.
Dr. Barhan supported late-term abortionist Martin Haskell before the current contract with the entire Wright State Physicians group through an individual consulting contract with Haskell's abortion clinic in Dayton.
Duke, who is also Medical Director for the Miami Valley Hospital Center for Women’s Health, has also supported Haskell for several years through an individual consulting contract to keep his abortion clinic in Dayton open.
Dr. Yaklic is the Medical Director of Wright State Physicians Obstetrics & Gynecology and personally signed the contract with Haskell's abortion clinic.
Dr. Lindheim is also Director of the Division of Reproductive Endocrinology and Fertility at Wright State University.