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COOPER UNIVERSITY HOSP. v. JACOBS

922 A.2d 731 (2007)

191 N.J. 125

COOPER UNIVERSITY HOSPITAL and Our Lady of Lourdes Medical Center, Appellants-Appellants, v. Fred M. JACOBS, M.D., J.D., Commissioner of the Department of Health and Senior Services, Respondent-Respondent, and Virtua-West Jersey Hospital-Marlton, Intervenor-Respondent, and Deborah Heart and Lung Center, Intervenor-Appellant.

Supreme Court of New Jersey.

Decided May 31, 2007.

Attorney(s) appearing for the Case

Edwin F. Chociey, Morristown, argued the cause for appellants (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Glenn A. Clark, of counsel; Mr. Chociey and Mr. Clark, on the briefs).

R. James Kravitz, Lawrenceville, argued the cause for intervenor-appellant (Fox-Rothschild, attorneys; Jonathan D. Weiner, of counsel; Mr. Weiner and Maureen E. Kerns, on the briefs).

Susan J. Dougherty, Deputy Attorney General, argued the cause for respondent (Stuart Rabner, Attorney General of New Jersey, attorney; Michael J. Haas, Assistant Attorney General, of counsel).

Philip H. Lebowitz, Philadelphia, PA, a member of the Pennsylvania bar, argued the cause for intervenor-respondent (Duane Morris, attorneys; Katherine Benesch, of counsel; Mr. Lebowitz and Erin M. Duffy, on the brief).

Judge STERN (temporarily assigned) delivered the opinion of the Court.

In November 2004, the Department of Health and Senior Services (Department) issued a call inviting health care facilities without a cardiac surgery facility on site to apply for a certificate of need (CN) to conduct elective angioplasty. The Commissioner of the Department (Commissioner) granted CNs to nine New Jersey community hospitals that responded to the call. One of the hospitals was Virtua...

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