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IN RE AMEND. OF N.J.A.C. 8:31B-3.31

227 N.J. Super. 386 (1988)

547 A.2d 721

IN RE THE AMENDMENT OF N.J.A.C. 8:31B-3.31 AND N.J.A.C. 8:31B-3.51 BY THE STATE OF NEW JERSEY COMMISSIONER OF HEALTH AND THE STATE HEALTH CARE ADMINISTRATION BOARD. IN RE THE AMENDMENT OF N.J.A.C. 8:31B-3.31 BY THE STATE OF NEW JERSEY COMMISSIONER OF HEALTH AND THE HEALTH CARE ADMINISTRATION BOARD.

Superior Court of New Jersey, Appellate Division.

Decided September 12, 1988.

Attorney(s) appearing for the Case

Murray J. Klein argued the cause for appellant Warren Hospital (Cohen, Shapiro, Polisher, Shiekman and Cohen, attorneys; Loretta Grennon and Murray J. Klein, on the brief and reply brief).

Eileen O'Donnell, Deputy Attorney General, argued the cause for respondent Department of Health (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Eileen O'Donnell, on the brief and letter reply brief).

Before Judges SHEBELL, GAYNOR and A.M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.S.C. (temporarily assigned).

In these consolidated appeals, appellant Warren Hospital (Warren) challenges the validity of amendments to certain rate reimbursement regulations promulgated by respondent Department of Health (DOH or Department) through the Health Care Administration Board (HCAB).

On April 21, 1986, HCAB promulgated amendments to N.J.A.C. 8:31B-3.31 and 3.51, and on July 7, 1986...

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