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N.J. HOSP. ASS'N v. DEPT. OF HEALTH

227 N.J. Super. 557 (1988)

548 A.2d 211

NEW JERSEY HOSPITAL ASSOCIATION, PLAINTIFF-APPELLANT, v. NEW JERSEY STATE DEPARTMENT OF HEALTH, HOSPITAL RATE SETTING COMMISSION, MOLLY COYE, COMMISSIONER OF HEALTH, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 19, 1988.

Attorney(s) appearing for the Case

Frank Ciesla argued the cause for appellant (Giordano, Halleran & Ciesla, attorneys; Karen M. Nagle, on the brief).

Eileen O'Donnell, Deputy Attorney General argued the cause for respondent (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Before Judges FURMAN, BRODY and LONG.

The opinion of the court was delivered by LONG, J.A.D.

On December 12, 1985, Congress enacted the Balanced Budget and Emergency Deficit Control Act, 2 U.S.C.A. § 901 et seq. (Gramm-Rudman) which requires reduction in federal program payments if the federal budget deficit exceeds targeted amounts. Effective March 1, 1986, Medicare payments to New Jersey hospitals were reduced by 1% under 2 U.S...

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