Comprehensive Home Health Servs., Inc. v. Prof'l Home Health Care Agency, Inc.
Annotate this CaseComprehensive Home Health Services filed a certificate of need (CON) with the Cabinet for Health and Family Services to expand its home health services into Whitley County. Two Existing Providers requested a hearing to oppose the application. The hearing officer approved of the CON after disallowing certain evidence proffered by the Existing Providers. The circuit court reversed, finding that the Cabinet's decision to grant the CON was arbitrary and ruling that the evidence allowed at the remand hearing should be "limited to the scope of the October 25, 2006 hearing." The Existing Providers appealed, contending that the circuit court's order would limit the evidence on remand to an outdated state health plan (SHP). The court of appeals reversed, concluding that the current SHP, not the one in place at the time of the original hearing, must guide the decision on remand. The Supreme Court affirmed, holding (1) allowing consideration of changed circumstances and the current SHP on remand was not contrary to principles of administrative law and fulfilled the purpose of the CON statute; and (2) the court of appeals properly interpreted CON statutes and regulations to require consideration of the current SHP and calculations.
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