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CHILDREN'S PSYCH. HOSP. v. REVENUE CABINET

No. 96-SC-1123-TG.

989 S.W.2d 583 (1999)

CHILDREN'S PSYCHIATRIC HOSPITAL OF NORTHERN KENTUCKY, INC.; Hardin Memorial Hospital; Highlands Regional Medical Center; Hospital Corporation of Kentucky d/b/a Scott General Hospital; Lourdes Hospital, Inc.; Marcum & Wallace Memorial Hospital; Mary Chiles Hospital, Inc.; Memorial Hospital, Inc.; Mercy Hospital of Owensboro, Kentucky, Inc.; Johnson Mathers Health Care, Inc. d/b/a Nicholas County Hospital; Our Lady of the Way Hospital, Inc.; Owensboro-Daviess County Hospital; Rivendell Psychiatric Hospital of Kentucky, Inc.; St. Luke Hospital, Inc.; Springview Hospital, Inc.; Taylor County Hospital District Health Facilities Corporation; The Adair County Public Hospital District Corporation; Kentucky Hospital Association, Inc., Appellants. v. REVENUE CABINET, COMMONWEALTH OF KENTUCKY; Margaret Handmaker, In Her Capacity As Secretary; Cabinet for Health Services, Commonwealth of Kentucky; John H. Morse, In His Capacity As Secretary, Appellees.

Supreme Court of Kentucky.

April 22, 1999.

Attorney(s) appearing for the Case

Edgar A. Zingman, Stephen R. Price, Wyatt, Tarrant & Combs, Louisville, for Appellants.

Douglas M. Dowell, Cathy Cravens Snell, Frankfort, Leonard G. Rowekamp, Covington, for Appellees.

Opinion of the Court by Special Justice RAYMOND OVERSTREET.

Seventeen (17) Hospital Corporations and the Kentucky Hospital Association, representing approximately 120 hospitals in Kentucky, challenge the constitutionality of the 2-½% hospital tax that was enacted by the General Assembly. The Appellants are challenging HB 1 and HB 250 as enacted by the General Assembly and have raised the following grounds as their reason for challenging HB 1 and HB 250: First...

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