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SAINT PETER'S UNIV. HOSP. v. LACY

878 A.2d 829 (2005)

185 N.J. 1

SAINT PETER'S UNIVERSITY HOSPITAL, Appellant-Respondent, v. Clifton R. LACY, M.D., Commissioner of the New Jersey Department of Health and Senior Services, Mary Wachter, Chief of Staff of the New Jersey Department of Health and Senior Services, And the New Jersey Department of Health and Senior Services, An Agency of the State of New Jersey, Respondents-Respondents, and Robert Wood Johnson University Hospital, Intervenor-Appellant.

Supreme Court of New Jersey.

Decided August 11, 2005.

Attorney(s) appearing for the Case

Joseph M. Gorrell, Roseland, argued the cause for intervenor-appellant (Wolf, Block, Schorr & Solis-Cohen, attorneys; Mr. Gorrell and Richard B. Robins, on the briefs).

Melissa H. Raksa, Deputy Attorney General argued the cause for respondents Clifton R. Lacy, M.D., Mary Wachter and New Jersey Department of Health and Senior Services (Peter C. Harvey, Attorney General of New Jersey, attorney).

Anthony A. Bongiorno, a member of the Massachusetts bar, argued the cause for respondent Saint Peter's University Hospital (Sills Cummis Epstein & Gross, attorneys; Mr. Bongiorno, Steven S. Radin and James M. Hirschhorn, Newark, of counsel).

Gage Andretta, West Orange, argued the cause for amicus curiae, UMDNJ-Robert Wood Johnson Medical School (Wolff & Samson, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

In October 2002, after due notice and comment and upon the approval of the Health Care Administration Board (Board), the Commissioner (Commissioner) of the New Jersey Department of Health and Senior Services (Department) adopted regulations requiring that, "[b]y October 21, 2003, all licensed children's hospitals [in the State] shall operate a regional perinatal center [RPC]," N.J.A.C. 8:43G-22A.6(c),...

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