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

119 N.J. 531 (1990)

575 A.2d 481

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

The Supreme Court of New Jersey.

Decided June 26, 1990.

Attorney(s) appearing for the Case

Eileen O'Donnell, Deputy Attorney General, argued the cause for appellant, Department of Health (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Murray J. Klein argued the cause for respondent, Warren Hospital (Cohen, Shapiro, Polisher, Shiekman and Cohen, attorneys; Murray J. Klein and Leonard Fishman, on the brief).

The opinion of the Court was delivered by STEIN, J.

This appeal concerns the facial validity of amendments to two regulations concerning New Jersey's hospital-rate-setting system promulgated by the Department of Health (Department) pursuant to the Health Care Facilities Planning Act (the Act). N.J.S.A. 26:2H-1 to -52. The amendments to one regulation, N.J.A.C. 8:31B-3.31, provide in essence that a hospital must "conditionally accept," or "not accept...

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