Kentucky Hospital Association asks to join lawsuit defending certificate of need law

Alia Paavola - Print  | 

The Kentucky Hospital Association wants to join a lawsuit protecting the state's certificate of need law, according to court documents obtained by Bloomberg Law.

Dipendra Tiwari and Kishor Sapkota, who own Grace Home Care agency, filed a lawsuit challenging the law's constitutionality in December. They allege that the certificate of need law violates the 14th Amendment's due process clause, because it denied them the right to make a living. The suit also says the law violates the equal protection clause and privileges or immunities clause of the amendment. 

Grace Home Care seeks a ruling that the law is unconstitutional and wants to prohibit the state from enforcing certificate of need statutes and regulations. It is hoping to operate a home health agency in Kentucky's Jefferson County Kentucky without receiving a certificate of need. 

The state association, which comprises hospitals that operate home health agencies, is asking a judge to allow them to be defendants in the case because they "stand to be directly impacted by this court's ultimate decision as to the constitutionality of Kentucky‚Äôs CON program," the motion to intervene states. 

Access the court documents here

More articles on legal and regulatory issues:

Orlando Health hit with whistleblower suit alleging forced referrals
Indiana physician accused of being intoxicated on job wins $4.75M defamation suit
Tennessee physician settles allegations of inflating NP charges

© Copyright ASC COMMUNICATIONS 2020. Interested in LINKING to or REPRINTING this content? View our policies by clicking here.

To receive the latest hospital and health system business and legal news and analysis from Becker's Hospital Review, sign-up for the free Becker's Hospital Review E-weekly by clicking here.