Starks v. Kentucky Health Facilities, 84-CA-496-MR
| Decision Date | 06 July 1984 |
| Docket Number | No. 84-CA-496-MR,84-CA-496-MR |
| Citation | 684 S.W.2d 5 |
| Parties | Ronald STARKS, Appellant, v. KENTUCKY HEALTH FACILITIES and Health Services Certificate of Need and Licensure Board of the Commonwealth of Kentucky: Frank Burke, Sr.; Dr. Harold E. Boyer; Steve Brown; George Buchanan; John B. Clarke; Thomas Duncan; Dr. Juanita Fleming; James Gayheart; Norman C. Horn; H. Glenn Joiner; Sister Mary Joell Overmann; Dr. Frank R. Pitzer; William T. Samuels, Jr.; Mrs. Weldon (Hallie) Shouse; John Vinson and Dr. Thomas R. Watson, Members of and Constituting the Health Facilities and Health Services Certificate of Need and Licensure Board of the Commonwealth of Kentucky; and Hospital Corporation of America/Hospital Corporation of Kentucky, Appellees. |
| Court | Kentucky Court of Appeals |
J. Granville Clark, Russellville, for appellant.
Terry L. Morrison, Cabinet for Human Resources, Frankfort, Thomas H. Meeker, Colleen McKinley, Wyatt, Tarrant & Combs, Louisville, for appellees.
Before HAYES, C.J., and McDONALD and MILLER, JJ.
Appellant, Ronald Starks, is a citizen and resident of Logan County, Kentucky. He brings this appeal from a judgment of the Franklin Circuit Court upholding a decision of the Kentucky Health Facilities and Health Services Certificate of Need and Licensure Board (board). The board is a state administrative agency with one of its functions being the authorization of new hospital facilities. KRS Chapter 216B.
On June 9, 1983, appellee/Hospital Corporation of America (HCA) was granted permission by the board to purchase the Logan County Hospital, which it had been operating under a lease, and to construct a new facility to be owned and operated by it. Through procedures provided in Chapter 216B, Ronald Starks has opposed the efforts of HCA from the inception. After issuance of the Certificate of Need to HCA, Starks appealed to the Franklin Circuit Court. KRS 216B.115. The circuit court reviewed the action of the board, in light of KRS 216B.120, and approved. KRS 216B.120 provides:
PARTIES TO JUDICIAL REVIEW--LIMITATION OF REVIEW--APPEAL TO COURT OF APPEALS.--
(1) Each party to the proceedings may participate as a party in the proceedings in the circuit court on an appeal.
(2) In case of an appeal, no new or additional evidence may be introduced in the circuit court except as to fraud or misconduct of some person engaged in the administration of this chapter and affecting the decision or order; the court shall hear the case upon the certified record or abstract thereof, and shall dispose of the case in a summary manner, its review being limited to determining whether the board or cabinet acted within its jurisdiction, whether the decision or order was procured by fraud, and whether the findings of fact in issue are supported by substantial evidence and are not clearly erroneous based upon a review of the record as a whole. (emphasis added)
(3) The court shall enter judgment affirming, modifying, reversing or setting aside the decision or, in its discretion, remanding the case to the board or cabinet for proceedings in conformity with the directions of the court.
(4) Any party to the judicial appeal may appeal from the circuit court to the Court of Appeals in accordance with the Kentucky Rules of Civil Procedure.
Appellant asserts that the evidence does not satisfy the criteria set out in 902 KAR 20:006 § 2(1), (2) and (4). These regulations, promulgated under KRS 216B.040, require that a proposal to develop a health facility "should" be consistent with the state health plan; the proposal "should" meet an identifiable need in a defined geographical area and be accessible to all residents of the area; and the proposal "should" accomplish appropriate "linkages" with other facilities for the purpose of minimizing cost.
We have reviewed the record in light of appellant's arguments and in light of our duty as a reviewing court. If the findings of fact of an administrative agency are supported by substantial...
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