IN THE MATTER OF THE ADOPTION OF REGULATIONS GOVERNING THE STATE HEALTH PLAN, N.J.A.C. 8:100, ET SEQ.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued September 27, 1993.
Decided February 28, 1994.
Attorney(s) appearing for the Case
Mark J. Fleming, Deputy Attorney General, argued the cause for appellant, State of New Jersey, Department of Health (Fred DeVesa, Acting Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Donald M. Palombi, Deputy Attorney General, on the brief).
Frank R. Ciesla argued the cause for respondent, New Jersey Hospital Association (Giordano, Halleran & Ciesla, attorneys; Elizabeth Dusaniwskyj, on the brief).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by POLLOCK, J.
The general issue is whether the Legislature may adopt a statutory amendment that prohibits an agency from adopting regulations that conflict with the amendment. More specifically, the issue concerns the constitutionality of an amendment to N.J.S.A. 26:2H-5.8(a) (codified as L. 1992, c. 31), a subsection of the Health Care Cost Reduction Act (the Act...
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