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GILBERT v. COM., CABINET FOR HEALTH

No. 2007-CA-000042-MR.

291 S.W.3d 712 (2008)

John W. GILBERT, M.D.; Physician Services, P.S.C., d/b/a Open Stand-Up MRI of Florence, Open MRI of Hazard and Open MRI of London, Appellants, v. COMMONWEALTH of Kentucky CABINET FOR HEALTH AND FAMILY SERVICES; Kentucky Diagnostic Center; Pikeville Medical Center; Appalachian Regional Healthcare, Inc.; The Kentucky Hospital Association; and Marymount Medical Center, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 15, 2008.

Attorney(s) appearing for the Case

Joe F. Childers, Richard A. Getty, Lexington, KY, for appellant.

Ann Truitt Hunsaker, Frankfort, KY, for appellee, Commonwealth of Kentucky, Cabinet for Health and Family Services.

Ellen M. Houston, Mathew R. Klein, David V. Kramer, Crestview Hills, KY, for Kentucky Diagnostic Center.

Michael Baker, Lexington, KY, for Appalachian Regional Healthcare, Inc.

Joseph H. Terry, Alexander J. Moeser, Lexington, KY, Amicus Curiae, for Association of American Physicians and Surgeons.

Charles J. Cronan, IV, Jennifer L. Elliott, Louisville, KY, Amicus Curiae, for The Kentucky Medical Kentucky Medical Association.

Before ACREE, KELLER, and MOORE, Judges.

ACREE, Judge.

John W. Gilbert, M.D., his wholly owned corporation, Physician Services, PSC ("Physician Services"), and his satellite offices operating under the assumed names of Open Stand-Up MRI of Florence, Open MRI of Hazard and Open MRI of London(collectively, "Dr. Gilbert"), appeal the Opinion and Order entered by the Franklin Circuit Court affirming the decision of the Cabinet for Health and Family Services ("Cabinet") finding Dr. Gilbert in violation of Kentucky...

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