Ky. Rev. Stat. » Chapter 216B
Kentucky Revised Statutes

Ky. Rev. Stat. § 216B.115 (2026)

Appeal to Franklin Circuit Court

✓ current as of May 2026
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(1) An appeal to the Franklin Circuit Court may be taken from any final decision of the cabinet with respect to a certificate-of-need application, a certificate of need, or a license, by any party to the proceedings. (2) An appeal may be taken by filing a petition for review in the Franklin Circuit Court within thirty (30) days after notice of the final decision unless a request for reconsideration has been filed, in which case the petition shall be filed within fifteen (15) days of the cabinet's decision not to reconsider or notice of its decision on reconsideration. The petition shall state completely the grounds upon which the review is sought and shall assign all errors relied upon. The petitioner shall serve a copy of the petition to each person who was a party to the proceedings. Summons shall be issued upon the petition directing the adverse party or parties to file an answer within twenty (20) days after service of summons. The cabinet shall, upon being served with the summons and within thirty (30) days thereafter, file a copy of the record, duly certified by the secretary, the cost of the record to be taxed as costs upon appeal. In lieu of filing of the record, an abstract thereof may be filed if all parties to the appeal agree. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 55, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 41, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 11, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 25, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 21, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 22, effective July 15, 1980.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1984–2025 · leading case: Humana of Kentucky, Inc. v. NKC Hospitals, Inc., 751 S.W.2d 369 (Ky. 1988).
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Humana of Kentucky, Inc. v. NKC Hospitals, Inc., 751 S.W.2d 369 (Ky. 1988). · cites it 2× “Decisions of the Board, not advisory opinions, are subject to judicial review under KRS 216B.115. The purpose of NKC/Children’s request to the Board for a determination as to whether Audubon was properly authorized to perform these pediatric services was to compel a hearing on…”
Metro Med. Imaging, LLC v. Commonwealth, 173 S.W.3d 916 (Ky. Ct. App. 2005). · cites it 3× “KRS 216B.115 says, in its entirety: (1) An appeal to the Franklin Circuit Court may be taken from any final decision of the cabinet with respect to a certificate-of-need application, a certificate of need, or a license, by any party to the proceedings.”
Starks v. Kentucky Health Facilities, 684 S.W.2d 5 (Ky. Ct. App. 1984). “KRS 216B.115. The circuit court reviewed the action of the board, in light of KRS 216B.”
Martin Cnty. Home Health Care v. Health, 214 S.W.3d 324 (Ky. Ct. App. 2007). “KRS 216B.115. The circuit court concluded the Board’s decision was supported by substantial evidence and, thus, “denied” MCHH’s petition for review.”
Comprehensive Home Health Servs., Inc. v. Prof'l Home Health Care Agency, Inc., 434 S.W.3d 433 (Ky. 2013). “KRS 216B.115(1). Our conclusion — that a remand hearing cannot be limited to facts as they existed in 2006 and the application of outdated SHP figures — will not subject parties to never-ending appeals because a matter will not be remanded routinely but, rather, only when a…”
Baptist Convalescent Ctr., Inc. v. Boonespring Transitional Care Ctr., LLC, 405 S.W.3d 498 (Ky. Ct. App. 2012). “095(2); KRS 216B.115. In its Opinion and Order entered July 6, 2010, the circuit court reversed the Cabinet’s disapproval of Boonespring’s certificate of need.”
ACSR, Inc. v. Cabinet for Health Servs., 32 S.W.3d 96 (Ky. Ct. App. 2000). “See KRS 216B.115. Both the Cabinet and PDS filed answers that included requests for dismissal of the petition.”
Truesdell v. Friedlander (E.D. Ky. 2020). · cites it 2× “KRS § 216B.115. Defendants point out that obtaining a CON does not entitle a recipient to operate a Class I ground ambulance service in Kentucky—it is only a prerequisite to obtaining a required license from the Kentucky Board of Emergency Medical Services (KBEMS).”
Tiwari v. Meier (W.D. Ky. 2021). “KRS 216B.115. 2. Due Process Plaintiffs contend the CON program is not rationally related to the statutorily enumerated government interest or any other conceivable interest.”
Bowling Green - Warren Cnty. Cmty. Hosp. Corp. D/B/A the Med. Ctr. at Bowling Green v. The Commonwealth of Kentucky, Cabinet for Health & Fam. Servs., Off. of Inspector Gen., Div. of Certificate of Need (Ky. Ct. App. 2025). “KRS 216B.115. Therein, the Medical Center argued it had demonstrated, by clear and convincing evidence, that Greenview Hospital’s new hospital was inconsistent with the State Health Plan and that the new hospital was not needed in the service area.”
Med. Pers. Pool of Louisville, Inc. v. Mgmt. Registry, Inc., 869 S.W.2d 42 (Ky. Ct. App. 1993). “KRS 216B.115. The matter was appealed and the Franklin Circuit Court ultimately reversed and held for naught the decision of CHECK.”
— Ky. Rev. Stat. § 216B.115(1) — 2 cases
Humana of Kentucky, Inc. v. NKC Hospitals, Inc., 751 S.W.2d 369 (Ky. 1988). “Decisions of the Board, not advisory opinions, are subject to judicial review under KRS 216B.115. The purpose of NKC/Children’s request to the Board for a determination as to whether Audubon was properly authorized to perform these pediatric services was to compel a hearing on…”
Comprehensive Home Health Servs., Inc. v. Prof'l Home Health Care Agency, Inc., 434 S.W.3d 433 (Ky. 2013). “KRS 216B.115(1). Our conclusion — that a remand hearing cannot be limited to facts as they existed in 2006 and the application of outdated SHP figures — will not subject parties to never-ending appeals because a matter will not be remanded routinely but, rather, only when a…”
— Ky. Rev. Stat. § 216B.115(2) — 1 case
Metro Med. Imaging, LLC v. Commonwealth, 173 S.W.3d 916 (Ky. Ct. App. 2005). “KRS 216B.115 says, in its entirety: (1) An appeal to the Franklin Circuit Court may be taken from any final decision of the cabinet with respect to a certificate-of-need application, a certificate of need, or a license, by any party to the proceedings.”
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