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NEW JERSEY HOSP. ASS'N v. FISHMAN

278 N.J. Super. 469 (1995)

651 A.2d 501

NEW JERSEY HOSPITAL ASSOCIATION, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, ON BEHALF OF ITS MEMBERS, APPELLANT, v. LEONARD FISHMAN, COMMISSIONER OF HEALTH, STATE OF NEW JERSEY, AND THE ESSENTIAL HEALTH SERVICES COMMISSION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 1995.

Attorney(s) appearing for the Case

Cohen, Shapiro, Polisher, Shiekman and Cohen, attorneys for appellant (Ivan J. Punchatz and Robynn Van Patten, on the brief).

Deborah T. Poritz, Attorney General, attorney for respondents (Joseph L. Yannotti, Assistant Attorney General, of counsel; Donald M. Palombi, Deputy Attorney General, on the brief).

Before Judges LONG, ARNOLD M. STEIN and LEVY.

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

New Jersey Hospital Association (NJHA) appeals from an assessment imposed on its members pursuant to N.J.S.A. 26:2H-18.62c, contending there was no statutory authority to impose and collect the assessment beyond June 30, 1994. NJHA points to the predecessor statute, N.J.S.A. 26:2H-18.47b, requiring the hospitals to pay a single assessment, as evidence of the Legislature's intent to similarly limit...

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