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IN RE BARNERT MEMORIAL HOSPITAL RATES

92 N.J. 31 (1983)

455 A.2d 469

IN THE MATTER OF THE SCHEDULE OF RATES FOR BARNERT MEMORIAL HOSPITAL.

The Supreme Court of New Jersey.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Louis Pashman argued the cause for appellant Barnert Memorial Hospital (Cummins, Dunn, Horowitz & Pashman, attorneys).

Charlotte Kitler, Deputy Attorney General, argued the cause for respondent Hospital Rate Setting Commission (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Deputy Attorney General, of counsel).

The opinion of the Court was delivered by O'HERN, J.

The question here is whether a hospital's available philanthropic funds may be included as part of its working capital when the State fixes the hospital's initial rates under the hospital rate setting program set out in N.J.S.A. 26:2H-1 to -52. The dispute centers about N.J.S.A. 26:2H-18 d, as implemented by the Department's regulations, primarily N.J.A.C. 8:31B-4.16(a), which regulation effectively...

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