FLEMING CTY. HOSP. v. REGIONAL MED. IMAGING

No. 2009-CA-001275-MR.

354 S.W.3d 149 (2011)

FLEMING COUNTY HOSPITAL DISTRICT, d/b/a Fleming County Hospital; and The Kentucky Hospital Association, Appellants, v. FLEMING REGIONAL MEDICAL IMAGING, PLLC; and Commonwealth of Kentucky, Cabinet for Health and Family Services, Appellees.

Court of Appeals of Kentucky.

September 30, 2011.


Attorney(s) appearing for the Case

Carole D. Christian (argued), Louisville, KY, Marian J. Hayden , Frankfort, KY, for appellants.

Edwin A. Logan (argued), Frankfort, KY, for appellee Fleming Regional Medical Imaging, PLLC.

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

Before CAPERTON, KELLER, and LAMBERT, Judges.


OPINION

KELLER, Judge:

Fleming County Hospital District, D/B/A Fleming County Hospital (the Hospital) and the Kentucky Hospital Association (the Association) appeal from the Franklin Circuit Court's finding that Fleming Regional Medical Imaging (Medical Imaging) is exempt from the certificate of need requirements in Kentucky Revised Statutes (KRS) Chapter 216B. For the following reasons, we affirm.

FACTS

The facts, generally, are...

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