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MCHH v. CABINET FOR HEALTH AND FAMILY

No. 2005-CA-002616-MR.

214 S.W.3d 324 (2007)

MARTIN COUNTY HOME HEALTH CARE, Appellant, v. CABINET FOR HEALTH AND FAMILY SERVICES, Formerly Kentucky Health Policy Board; and Ashland Hospital Corporation, d/b/a Kings Daughters Medical Center, Appellees.

Court of Appeals of Kentucky.

January 12, 2007.

Attorney(s) appearing for the Case

Colleen McKinley, Hall, Render, Killian, Heath & Lyman, P.S.C., Louisville, KY, for appellant.

Ann Truitt Hunsaker, Frankfort, KY, for appellee, Cabinet For Health and Family Services.

Stephen R. Price, Sr., Wyatt, Tarrant & Combs, LLP, Louisville, KY, for Appellee, Ashland Hospital Corporation, d/b/a Kings Daughters Medical Center.

Before TAYLOR, Judge; ROSENBLUM, Senior Judge; MILLER, Special Judge.

OPINION

TAYLOR, Judge.

Memorial Hospital, Inc., d/b/a Martin County Home Health Care, (MCHH) brings this appeal from a November 18, 2005, order of the Franklin Circuit Court upholding the decision of the Kentucky Health Policy Board (Board) to deny MCHH's application for a certificate of need to expand its existing home health services to Lawrence County, Kentucky.3 We vacate and remand with directions.

MCHH is...

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