DBL Law Instrumental in Successful Defense of KY Certificate of Need Program

On April 14, 2021, the United States District Court for the Western District of Kentucky issued an opinion in the case of Tiwari, et al. v. Friedlander, et al., holding that Kentucky’s certificate of need program for home health agencies is constitutional.  In late 2019, two individuals and their company, Grace Home Care, sued officials from the Kentucky Cabinet for Health and Family Services alleging that the requirement that a person or entity obtain a certificate of need before opening a home health agency violates the 14th Amendment to the U.S. Constitution.  DBL Law represented the Kentucky Hospital Association, which intervened as a defendant in the case.

In a lengthy opinion dated April 14, 2021, the court rejected the plaintiffs’ arguments and granted summary judgment to the defendants.  The court found that the Kentucky General Assembly acted rationally in enacting the CON program to promote cost-efficiency, improve quality, and increase access to healthcare services.

The court’s opinion is consistent with a decision issued by the United States District Court for the Eastern District of Kentucky in the case of Truesdell et al. v. Friedlander et al.  In Truesdell, the court dismissed the plaintiffs’ Due Process and Equal Protection challenges to the certificate of need requirement for ground ambulance services and found that the plaintiffs had not shown that the General Assembly acted irrationally.  DBL Law represents an intervening defendant in that case as well.

A copy of the full opinion can be viewed here.