TIWARI v. FRIEDLANDER

No. 21-5495.

26 F.4th 355 (2022)

Dipendra TIWARI; Kishor Sapkota; Grace Home Care, Inc., Plaintiffs-Appellants, v. Eric FRIEDLANDER, in his official capacity as Secretary of the Kentucky Cabinet for Health and Family Services; Adam Mather, in his official capacity as Inspector General of Kentucky, Defendants-Appellees, Kentucky Hospital Association, Intervenor Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 14, 2022.


Attorney(s) appearing for the Case

ARGUED: Andrew H. Ward , INSTITUTE FOR JUSTICE, Arlington, Virginia, for Appellants. David T. Lovely , CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellees Friedlander and Mather. David M. Dirr , DRESSMAN BENZINGER LA VELLE PSC, Crestview Hills, Kentucky, for Appellee Kentucky Hospital Association. ON BRIEF: Andrew H. Ward , INSTITUTE FOR JUSTICE, Arlington, Virginia, Jaimie N. Cavanaugh , INSTITUTE FOR JUSTICE, Minneapolis, Minnesota, for Appellants. David T. Lovely , CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellees Friedlander and Mather. David M. Dirr , Christopher B. Markus , DRESSMAN BENZINGER LA VELLE PSC, Crestview Hills, Kentucky, for Appellee Kentucky Hospital Association.

Before: SUTTON, Chief Judge; GUY and DONALD, Circuit Judges.


OPINION

Dipendra Tiwari and Kishor Sapkota sought to establish a home healthcare company, called Grace Home Care, that would focus on serving Nepali-speaking individuals in the Louisville area. Like other companies that provide healthcare services, home healthcare companies face a number of regulations. One of them...

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