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COM., CABINET FOR HEALTH v. FAMILY HOME

Nos. 2001-CA-001486-MR, 2001-CA-001859-MR.

98 S.W.3d 524 (2003)

COMMONWEALTH of Kentucky, CABINET FOR HEALTH SERVICES, Appellant, v. FAMILY HOME HEALTH CARE, INC., Appellee. Integrity Health Care Services, Inc., Appellant, v. Family Home Health Care, Inc., Appellee.

Court of Appeals of Kentucky.

February 7, 2003.

Attorney(s) appearing for the Case

Anne Dooling Clarke, Frankfort, KY, for Appellant Cabinet for Health Services.

Robert W. Riley, Louisville, KY, for Appellant Integrity Health Care Services, Inc.

Marian J. Hayden, Frankfort, KY, for Appellee.

Before COMBS and PAISLEY, Judges; and MILLER, Special Judge.

OPINION

COMBS, Judge.

The Commonwealth of Kentucky, Cabinet for Health Services (Cabinet), and Integrity Health Care Services, Inc. (Integrity), have appealed the June 11, 2001, judgment of the Franklin Circuit Court reversing a final decision of the Cabinet. The Cabinet had affirmed an Advisory Opinion issued by the Certificate of Need (CON) Office which authorized Integrity to draw blood from patients in conjunction with its license to provide mobile...

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