Cabinet for Human Resources v. Women's Health Services, Inc.

HOWERTON, Judge.

The Cabinet for Human Resources appeals from an order of the Jefferson Circuit Court dismissing its complaint against Women’s Health Services, Inc. (Health Services). The trial court’s order of dismissal was based on matters in addition to the pleadings and it must be treated as a summary judgment. We agree with the Cabinet that the trial court erred in determining Health Services is merely a physician’s office and not an ambulatory surgical center subject to regulation by the Cabinet. We therefore reverse and remand for further proceedings.

*807Women’s Health Services is owned and…