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NURSES' REGISTRY v. GENTIVA HEALTHCARE

No. 2009-CA-001175-MR.

326 S.W.3d 15 (2010)

NURSES' REGISTRY AND HOME HEALTH CORPORATION, (Nurses' Registry), Appellant, v. GENTIVA CERTIFIED HEALTHCARE CORPORATION, d/b/a Gentiva Health Services; Commonwealth of Kentucky, Cabinet for Health and Family Services, Office of Certificate of Need; and Janie Miller, Secretary for Health and Family Services, in her Official Capacity, Appellees.

Court of Appeals of Kentucky.

Ordered Published October 29, 2010.

Attorney(s) appearing for the Case

Lisa English Hinkle , Luke Alan Wingfield , Lexington, KY, for appellant.

Mathew R. Klein, Jr. , Mark D. Guilfoyle , Reneé L. Alsip , Crestview Hills, KY, for appellee.

Before ACREE, VANMETER, and WINE, Judges.

OPINION

VANMETER, Judge:

Nurses' Registry and Home Health Corporation (Nurses' Registry) appeals from an opinion and order of the Franklin Circuit Court reversing the decision of the Cabinet for Health and Family Services, Division of Administrative Hearings (Cabinet) remanding the case to the Cabinet. For the following reasons, we affirm.

Gentiva Certified Healthcare Corporation (Gentiva) is a home health service provider that submitted a...

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