ST. LUKE HOSPITAL, INC., Appellant,
v.
HEALTH POLICY BOARD and its Individual Members (Donald B. Clapp, Sherry M. Cooper, Beverly M. Gaines, M.D., Michael J. Hammons, and Sister Michael Leo Mullaney) as Successor to the Commission for Health Economics Control in Kentucky and its Individual Members (Jack F. Waddell, Ed Wilson, and Don Dixon); Cabinet for Human Resources; Masten Childers, II, in his Official Capacity as Secretary of the Cabinet for Human Resources as Successor to Leonard E. Heller; Chris Gorman, in his Official Capacity as Attorney General for the Commonwealth of Kentucky; and St. Elizabeth Medical Center, Inc., Appellees.
Court of Appeals of Kentucky.https://leagle.com/images/logo.png
January 5, 1996.
January 5, 1996.
Attorney(s) appearing for the Case
Lisa English Hord, Lexington, for appellant.
Robert G. Stevens, Covington, for appellee, St. Elizabeth Medical Center, Inc.
Marie Alagia Cull, Frankfort, for amicus curiae Lourdes Hospital, Inc.
Michael D. Baker, Lexington, for amici curiae Galen of Kentucky, Inc., d/b/a Suburban Medical Center and Humana, Inc., d/b/a Humana Hospital Lexington.
Colleen McKinley, Louisville, for amicus curiae Mercy Hospital of Owensboro, Inc.
Susan B. Turner, Carole D. Christian, Louisville, for amici curiae Baptist Healthcare System, Inc. and Brooklawn, Inc.
Before LESTER, C.J., and COMBS and SCHRODER, JJ.
Court of Appeals of Kentucky.
SCHRODER, Judge:
St. Luke Hospital, Inc. appeals from a judgment of the Franklin Circuit Court, declaring unconstitutional that portion of KRS 216B.020(1) granting a limited exemption from the Certificate of Need requirement (KRS 216B.061) for its level two neonatal services. Appellant argues that the circuit court erred in finding that the exemption constitutes special legislation in violation of §§ 59 and 60 of...
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