Kentucky, Hospitals Defend Home Care Certificate of Need Law

Sept. 14, 2021, 4:02 PM

A Kentucky law requiring home health providers to have a certificate of need before beginning operations is constitutionally valid and must be upheld, the state and a hospital association told the Sixth Circuit.

The law is rationally related to the state’s legitimate interest in ensuring its citizens have access to cost-efficient, quality home health services, Secretary of the Kentucky Cabinet for Health and Family Services Eric Friedlander said in a brief to the U.S. Court of Appeals for the Sixth Circuit.

A law doesn’t become irrational just because there is some evidence questioning its efficacy, Friedlander said. The state doesn’t ...

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