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COM'N FOR HEALTH ECONOMICS v. MCI

No. 92-CA-55-MR.

844 S.W.2d 437 (1992)

COMMISSION FOR HEALTH ECONOMICS CONTROL IN KENTUCKY, Appellant, v. MEDICAL CONSULTANTS IMAGING CO., Appellee.

Court of Appeals of Kentucky.

December 24, 1992.

Attorney(s) appearing for the Case

John H. Gray, Frankfort, for appellant.

Lisa English Hord, McBrayer, McGinnis, Leslie & Kirkland, Lexington, for appellee.

Before LESTER, C.J. and EMBERTON and McDONALD, JJ.

McDONALD, Judge.

This appeal is taken from the Franklin Circuit Court's judgment reversing a decision of the Commission for Health Economics Control in Kentucky ("Commission") which held that appellee, Medical Consultant Imaging Co. ("MCI") was required to obtain a certificate of need to establish a mobile single photon emission computed tomography ("SPECT") unit.

The Commission concluded that MCI, by definition, had established a "health facility" as contemplated...

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