COMMONWEALTH OF KY. v. SEXTON

2016-SC-000529-DG 2016-SC-000534-DG 2016-SC-000540-DG 2017-SC-000095-DG.

566 S.W.3d 185 (2018)

COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES, DEPARTMENT FOR MEDICAID SERVICES, Appellant v. Lettie SEXTON, BY AND THROUGH Her Authorized Representative, APPALACHIAN REGIONAL HEALTHCARE, INC.; and Coventry Health and Life Insurance d/b/a Coventrycares, Inc., Appellees and Coventry Health and Life Insurance d/b/a Coventrycares, Inc., Appellant v. Lettie Sexton, by and through Her Authorized Representative, Appalachian Regional Healthcare, Inc., and Commonwealth of Kentucky, Cabinet for Health and Family Services, Appellees and Lettie Sexton, by and through Her Authorized Representative, Appalachian Regional Healthcare, Inc., Appellant v. Commonwealth of Kentucky, Cabinet for Health and Family Services and Coventry Health and Life Insurance d/b/a Coventrycares, Inc., Appellees and Coventry Health and Life Insurance, Appellant v. Lettie Sexton, by and through Her Authorized Representative, Appalachian Regional Healthcare, Inc., and Commonwealth of Kentucky, Cabinet for Health and Family Services, Appellees.

Supreme Court of Kentucky.

Petition for Rehearing Denied February 14, 2019.


Attorney(s) appearing for the Case

COUNSEL FOR COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES, DEPARTMENT FOR MEDICAID SERVICES APPELLANTS: Catherine Elaine York , Cabinet for Health and Family Services.

COUNSEL FOR LETTIE SEXTON, BY AND THROUGH HER AUTHORIZED REPRESENTATIVE, APPALACHIAN REGIONAL HEALTHCARE, INC.: Virginia Hamilton Snell , Carole Douglas Christian , Amanda Warford Edge , Louisville, Wyatt, Tarrant & Combs, LLP.

COUNSEL FOR COVENTRY HEALTH AND LIFE INSURANCE D/B/A COVENTRYCARES, INC.: Joyce Ann Merritt , Lexington, Samantha Nance , Embry Merritt Shaffar Womack, PLLC, Miguel Estrada , Lucas C. Townsend , Gibson, Dunn & Crutcher LLP.


This case requires us to consider whether the courts of Kentucky can undertake a statutorily created judicial review of an administrative agency's final order when the person appealing that final order does not have a concrete injury. Our resolution requires us to apply the doctrine of constitutional...

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