LOUISVILLE, Ky. (WAVE) - Two Nepali immigrants in Louisville are suing the state of Kentucky in an effort to bring more home health care options to the community.
Dipendra Tawari and Kishor Sapkota are working with the Institute for Justice, to sue the state over a law that prevents them from opening a home health care company.
They are asking courts to strike down the state’s certificate of need law, which requires a state agency to approve new health care facilities, with the intention of stopping overbuilding and higher health care costs.
The two men say this would help the underserved Nepali community of around 6,000 people in Louisville, but the certificate of need law in the state says there is no need for new home health agencies.
“The people who speaks Nepali don’t receive the service that they need, because of the language barriers and we are trying to help them,” Tawari said.
Institute for Justice attorney Andrew Ward says the state’s certificate of need law is unconstitutional.
“The entire purpose of the law is to protect existing businesses at the expense of entrepreneurs trying to start new ones,” Ward Said. “That’s unconstitutional. You have a right to earn an honest living, the government can’t pick winners and losers in the marketplace like that.”
Kentucky is one of 18 states that requires a certificate of need.