ALFRED A. SLOCUM, PUBLIC ADVOCATE OF NEW JERSEY, APPELLANT,
v.
HOSPITAL RATE SETTING COMMISSION, NEW JERSEY DEPARTMENT OF HEALTH, MOLLY J. COYE, M.D., COMMISSIONER, IN HER OFFICIAL CAPACITY, AND NEW JERSEY HOSPITAL ASSOCIATION, RESPONDENTS. IN THE MATTER OF THE 1988 LABOR PROXY. NEW JERSEY HOSPITAL ASSOCIATION, APPELLANT,
v.
NEW JERSEY STATE DEPARTMENT OF HEALTH, COMMISSIONER MOLLY JOEL COYE, IN HER OFFICIAL CAPACITY, HEALTH CARE ADMINISTRATION BOARD AND HOSPITAL RATE SETTING COMMISSION, RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 22, 1990.
Decided May 1, 1990.
Attorney(s) appearing for the Case
John V. Jacobi, Assistant Deputy Public Advocate, argued the cause for the appellant Alfred A. Slocum, Public Advocate of New Jersey (Thomas S. Smith, Jr., Acting Public Advocate, attorneys; John V. Jacobi, on the brief).
Eileen O'Donnell, Deputy Attorney General, argued the cause for the respondents New Jersey Hospital Rate Setting Commission (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Eileen O'Donnell, Deputy Attorney General, on the brief).
Frank R. Ciesla argued the cause for the New Jersey Hospital Association (Giordano, Halleran & Ciesla, attorneys; Frank R. Ciesla, of counsel; Karen M. Nagle, on the brief; Elizabeth Dusaniwskyj, on the reply brief).
Cohen, Shapiro, Polisher, Shiekman and Cohen, attorneys, admitted amici curiae for Alexian Brothers Hospital, Atlantic City Medical Center, Burdette Tomlin Memorial Hospital, Chilton Memorial Hospital, Cooper Hospital, University Medical Center, Deborah Heart and Lung Center, Elizabeth General Medical Center, Elmer Community Hospital, Kennedy Memorial Hospital University Medical Center, Memorial Hospital of Burlington County, The Memorial Hospital of Salem County, Newcomb Medical Center, Our Lady of Lourdes Medical Center, Shore Memorial Hospital, St. Francis Hospital and Medical Center, South Jersey Hospital System, Underwood Memorial Hospital, Warren Hospital, and West Jersey Health System.1
Before Judges KING, SHEBELL and KEEFE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KEEFE, J.A.D.
These three interrelated appeals resulting from actions taken by the Hospital Rate Setting Commission (HRSC) were consolidated for argument and decision. The first appeal involves a challenge by the Public Advocate to the January 20, 1988 and September 26, 1988 decisions of the HRSC which established the labor component of the economic factor on a state-wide basis for the 1988 rate year. The second appeal is...
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