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JEWISH HOSP. v. BAPTIST HEALTH CARE SYSTEM

NO. 93-CA-002985-MR.

902 S.W.2d 844 (1995)

JEWISH HOSPITAL, INC., Appellant, v. BAPTIST HEALTH CARE SYSTEM, INC. d/b/a Baptist Hospital East; Commonwealth of Kentucky; Cabinet for Human Resources; Interim Office of Health Planning and Certification; and Richard C. Carroll, Chief Hearing Officer, Appellees.

Court of Appeals of Kentucky.

July 21, 1995.

Attorney(s) appearing for the Case

Robert Thomas Carter, Louisville, for appellant.

Robert G. Stevens, Covington, for appellee Baptist Health Care System, Inc.

Chris Gorman, Atty. Gen., Frankfort, for appellee Com. of Ky.

John H. Gray, Frankfort, for appellees Cabinet for Human Resources; Interim Office of Health Planning and Certification and Richard C. Carroll, Chief Hearing Officer.

Before COMBS, EMBERTON and WILHOIT, JJ.

EMBERTON, Judge.

This is an appeal from the trial court's judgment upholding an order of the Interim Office for Health Planning and Certification. The issues before this court include whether rights established under Ky.Rev.Stat. (KRS) 216B.085(2) are abrogated by Ky.Admin.Regs. (KAR) 20:004E section 5(2); whether KAR 20:004E section 5(2) abrogates constitutional guarantees of due process; and whether the agency has carried the burden of proof as required pursuant...

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