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ST. LUKE HOSP. v. COM, CABINET FOR HEALTH

No. 2007-CA-001092-MR.

254 S.W.3d 830 (2008)

The ST. LUKE HOSPITALS, INC., Appellant v. COMMONWEALTH of Kentucky, CABINET FOR HEALTH AND FAMILY SERVICES, OFFICE OF CERTIFICATE OF NEED; James W. Holsinger, M.D., Secretary for Health and Family Services, in his official capacity; St. Elizabeth Medical Center, Inc.; T.J. Samson Community Hospital; and Ephraim McDowell Regional Medical Center, Inc., Appellees.

Court of Appeals of Kentucky.

May 9, 2008.

Attorney(s) appearing for the Case

Lisa English Hinkle, Christopher J. Shaughnessy, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, KY, for appellant.

Michael D. Baker, Lori J. Eisele, Wyatt, Tarrant & Combs, LLP, Lexington, KY, Mark D. Guilfoyle, Mathew R. Klein, Renee' L. Alsip, Deters, Benzinger & Lavelle, P.S.C., Crestview Hills, KY, for appellees St. Elizabeth Medical Center, T.J. Samson Community Hospital, Ephraim McDowell Regional Medical Center.

Ann Truitt Hunsaker, Cabinet for Health and Family Services, Frankfort, KY, for appellees Cabinet for Health and Family Services and James W. Holsinger, M.D.

Before: COMBS, Chief Judge; DIXON, Judge; KNOPF, Senior Judge.

OPINION

DIXON, Judge.

The St. Luke Hospitals, Inc. ("St.Luke") appeal from a Franklin Circuit Court order of summary judgment dismissing St. Luke's declaratory judgment action. We affirm.

On June 4, 2004, the Cabinet for Health and Family Services ("Cabinet") issued the 2004-2006 State Health Plan pursuant to Kentucky Revised Statutes (KRS) 194A.010. The State Health Plan established criteria for a pilot project to study the risks and benefits...

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