IN THE MATTER OF THE REVIEW OF ADMINISTRATIVE PROMULGATION OF THE HEALTH CARE ADMINISTRATION BOARD: N.J.A.C. 8:30-14.1 THROUGH 8:30-14.6.
NEW JERSEY ASSOCIATION OF HEALTH CARE FACILITIES, A CORPORATION NOT FOR PROFIT OF THE STATE OF NEW JERSEY, AND WAYNE HAVEN NURSING HOME, VALLEY NURSING HOME, PINE REST NURSING HOME, DUNROVEN NURSING HOME, ALLENDALE NURSING HOME, WELLINGTON HALL NURSING HOME AND WOODCLIFF LAKE MANOR NURSING HOME, APPELLANTS,
v.
JOANNE E. FINLEY, M.D., STATE COMMISSIONER OF HEALTH, AND THE HEALTH CARE ADMINISTRATION BOARD, RESPONDENTS, AND PUBLIC ADVOCATE OF NEW JERSEY, INTERVENOR-RESPONDENT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 4, 1980.
Decided May 28, 1980.
Attorney(s) appearing for the Case
Adrian M. Foley, Jr. argued the cause for appellant nursing homes (Connell, Foley & Geiser, attorneys; R. Peter Connell, on the brief).
Jonathan D. Weiner argued the cause for appellant New Jersey Association of Health Care.
Thomas C. Fox, a member of the bar of the District of Columbia, argued the cause for amicus curiae American Health Care Association (Jonathan D. Weiner, attorney; Joel M. Hamme and E. Michael Flanagan, members of the bar of the District of Columbia, on the brief).
Andrea M. Silkowitz, Deputy Attorney General, argued the cause for respondents Finley and Health Care Administration Board (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel; Frederick S. Title, Deputy Attorney General, on the brief).
Arthur Penn, Assistant Commissioner, argued the cause for respondent Public Advocate (Stanley C. Van Ness, Public Advocate of New Jersey, attorney pro se).
Toby S. Edelman, a member of the bar of the District of Columbia, submitted a brief on behalf of amicus curiae Gray Panthers.
Mary K. Brennan submitted a brief on behalf of amicus curiae New Jersey Hospital Association.
The Supreme Court of New Jersey.
The opinion of the Court was delivered by SULLIVAN, J.
We granted certification, 81 N.J. 330 (1979), to consider challenges to the legality of administrative regulations, N.J.A.C. 8:30-14.1 et seq., which were adopted by the Commissioner of Health with the approval of the Health Care Administration Board. In essence, the regulations require nursing homes to make available "a reasonable number of [their] beds to indigent...
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