St. Luke Hospital, Inc. v. Health Policy Board

SCHRODER, Judge:

St. Luke Hospital, Inc. appeals from a judgment of the Franklin Circuit Court, de-*2daring unconstitutional that portion of KRS 216B.020(1) granting a limited exemption from the Certificate of Need requirement (KRS 216B.061) for its level two neonatal services. Appellant argues that the circuit court erred in finding that the exemption constitutes special legislation in violation of §§ 59 and 60 of the Kentucky Constitution. We agree and, thus, reverse.

In 1980, the Kentucky Legislature enacted Chapter 216B regarding the licensure and regulation of health facilities and services.…