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IN REVIEW OF ADMINISTRATIVE PROMULGATION OF HEALTH CARE ADMIN. BD. v. FINLEY

168 N.J. Super. 152 (1979)

402 A.2d 246

IN REVIEW OF ADMINISTRATIVE PROMULGATION OF THE HEALTH CARE ADMINISTRATION BOARD: N.J.A.C. 8:30-14.1 THROUGH N.J.A.C. 8:30-14.6, NEW JERSEY ASSOCIATION OF HEALTH CARE FACILITIES, A CORPORATION NOT FOR PROFIT OF THE STATE OF NEW JERSEY, AND WAYNE HAVEN NURSING HOME, VALLEY NURSING HOME, PINE REST NURSING HOME, DUNROVEN NURSING HOME, ALLENDALE NURSING HOME, WELLINGTON HALL NURSING HOME AND WOODCLIFF LAKE MANOR NURSING HOME, APPELLANTS, v. JOANNE E. FINLEY, M.D., STATE COMMISSIONER OF HEALTH, AND THE HEALTH CARE ADMINISTRATION BOARD, RESPONDENTS, AND PUBLIC ADVOCATE OF NEW JERSEY, RESPONDENT-INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Mr. Jonathan D. Weiner argued the cause for appellant New Jersey Association of Health Care Facilities.

Mr. Adrian M. Foley, Jr. argued the cause for appellants Wayne Haven Nursing Home, Valley Nursing Home, Pine Rest Nursing Home, Dunroven Nursing Home, Allendale Nursing Home, Wellington Hall Nursing Home and Woodcliff Lake Manor Nursing Home (Messrs. McElroy, Connell, Foley & Geiser, attorneys; Mr. R. Peter Connell on the brief).

Mr. Frederick S. Title, Deputy Attorney General, argued the cause for respondents (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Arthur Penn, Assistant Commissioner, Department of the Public Advocate, argued the cause for respondent-intervenor Mr. Stanley C. Van Ness, Public Advocate, attorney).

Ms. Toby S. Edelman filed a brief on behalf of amicus curiae Gray Panthers.

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by CONFORD, P.J.A.D. (retired, temporarily assigned).

These are consolidated appeals challenging the validity of an administrative regulation, N.J.A.C. 8:30-14.1 to 14.6, which was promulgated by the Commissioner of Health and the Health Care Administration Board ("Board") Appellants are the New Jersey Association of Health Care Facilities ("New Jersey Association") and several private nursing homes ("Private Homes")....

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