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FAMILY HOME HEALTH v. PROFESSIONAL

No. 2012-SC-000090-DG.

434 S.W.3d 433 (2013)

COMPREHENSIVE HOME HEALTH SERVICES, INC., d/b/a Family Home Health Care S.E., Appellant v. PROFESSIONAL HOME HEALTH CARE AGENCY, INC.; Whitley County Health Department, d/b/a Whitley County Home Health; and, Commonwealth of Kentucky, Cabinet for Family and Health Services, Appellees.

Supreme Court of Kentucky.

October 24, 2013.

Attorney(s) appearing for the Case

Marian J. Hayden , Frankfort, Holly Turner Curry , Lexington, for Appellant.

Carole Douglas Christian , Louisville, for Appellees, Professional Home Health Care Agency, Inc., and Whitley County Health Department, d/b/a Whitley County Home Health.

Ann T. Hunsaker , Frankfort, for Appellee, Commonwealth of Kentucky, Cabinet for Family and Health Services.

Opinion of the Court By Justice ABRAMSON.

Professional Home Health Care Agency ("Professional") and the Whitley County Health Department (collectively "the Existing Providers") requested a hearing to oppose an application for a Certificate of Need ("CON") filed by Comprehensive Home Health Services, d/b/a Family Home Health Care S.E. ("Family Home Health"). The hearing officer disallowed certain evidence offered by the Existing Providers, and, on their appeal following...

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