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IN RE HORST OERTEL, C.P.

167 N.J. Super. 557 (1979)

401 A.2d 545

IN THE MATTER OF HORST OERTEL, C.P. (MODERN LIMB AND BRACE CO.)

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1979.

Attorney(s) appearing for the Case

Mr. Stephen M. Offen argued the cause for appellant Horst Oertel, C.P. (Messrs. Schachter, Wohl, Cohn & Trombadore, attorneys).

Ms. Andrea M. Silkowitz, Deputy Attorney General, argued the cause for respondents State of New Jersey, Department of Human Services, Division of Medical Assistance and Health Services, and Thomas M. Russo, Director (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Erminie L. Conley, Assistant Attorney General, of counsel).

Before Judges CONFORD, PRESSLER and KING.

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

Appellant Horst Oertel appeals from a final determination of the Director of the Division of Medical Assistance and Health Services (Division) denying him status as an eligible Medicaid provider of orthotic services. The decision was based on N.J.A.C. 10:55-1.1 and 1.2, which condition provider eligibility of those furnishing prosthetic and orthotic services upon their certification by the American...

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