History:
L. 1976, ch. 280, § 4; L. 1979, ch. 191, § 4; L. 1984, ch. 246, § 2; Repealed, L. 1997, ch. 16, § 1; July 1.
CASE ANNOTATIONS
1. Cited; court cannot try case de novo in review of denial of certificate of need. Kansas Dept. of Health & Environment v. Banks, 230 Kan. 169, 171, 630 P.2d 1131 (1981).
2. Cited; review of administrative decisions of KDHE and discussion regarding certificates of need. In re Certif. of Need App. by Community Psychiatric Centers, Inc., 234 Kan. 802, 803, 806, 807, 676 P.2d 107 (1984).
3. Where substantial evidence, relevant and substantive, does not support all review criteria, application must fail. Shawnee Mission Medical Center v. Kansas Dept. of Health & Environment, 235 Kan. 983, 984, 991, 685 P.2d 880 (1984).
Excepticon Midwest, Inc. v. Kansas Dep't of Health & Env't, 676 P.2d 107 (Kan. 1984). · cites it 2דWhen making the administrative decision as to the need for the project, KDHE must apply certain interim review criteria established by the Statewide Health Coordinating Counsel under authority granted by K.S.A. 65-4804. The six review criteria or standards applied by KDHE are…”
Kansas Dep't of Health & Env't v. Banks, 630 P.2d 1131 (Kan. 1981). “In considering the need for a project, KDHE must apply certain “interim review criteria” established by the Statewide Health Coordinating Council under the authority granted by K.S.A. 65-4804. The five review criteria or standards to be considered are community need, quality of…”
St. Francis Reg'l Med. Ctr. v. Blue Cross Blue Shield, 810 F. Supp. 1209 (D. Kan. 1992). “” Under K.S.A. 65-4804, the construction of new health care facilities is made dependent upon the certification of need, which must take into account cost containment, defined as “lowering, or restricting the increase, of health care costs to the consuming public.”
Shawnee Mission Med. Ctr. v. Kansas Dep't of Health & Env't, 685 P.2d 880 (Kan. 1984). “Of the six review objectives and criteria adopted by the Kansas Statewide Health Coordinating Council pursuant to K.S.A. 65-4804 (’’community need, quality of care, community support, financing, cost containment, and accessibility”), Harkins found the proposal failed to meet the…”
Shawnee Mission Med. Ctr. v. KAN DEPT OF HEALTH & ENV'T, 685 P.2d 880 (Kan. 1984). “Of the six review objectives and criteria adopted by the Kansas Statewide Health Coordinating Council pursuant to K.S.A. 65-4804 ("community need, quality of care, community support, financing, cost containment, and accessibility"), Harkins found the proposal failed to meet the…”
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