Jewish Hospital, Inc. v. Baptist Health Care System, Inc.

EMBERTON, Judge.

This is an appeal from the trial court’s judgment upholding an order of the Interim Office for Health Planning and Certification. The issues before this court include whether rights established under Ky.Rev.Stat. (KRS) 216B.085(2) are abrogated by Ky.Admin.Regs. (KAR) 20:004E section 5(2); whether KAR 20:004E section 5(2) abrogates constitutional guarantees of due process; and whether the agency has carried the burden of proof as required pursuant to KRS 13A.140. We affirm the trial court on all issues.

In April 1992, in accordance with KRS 216B.062, appellee, Baptist…