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MONMOUTH MED. CTR. v. DEPT. OF HEALTH

272 N.J. Super. 297 (1994)

639 A.2d 1129

MONMOUTH MEDICAL CENTER, PLAINTIFF-APPELLANT, v. STATE DEPARTMENT OF HEALTH, BRUCE SIEGEL, AS THE STATE COMMISSIONER OF HEALTH, AND HEALTH CARE ADMINISTRATION BOARD, DEFENDANTS-RESPONDENTS. MONMOUTH MEDICAL CENTER, APPELLANT, v. STATE DEPARTMENT OF HEALTH, BRUCE SIEGEL, AS THE STATE COMMISSIONER OF HEALTH, AND HEALTH CARE ADMINISTRATION BOARD, RESPONDENTS. SOMERSET MEDICAL CENTER, PLAINTIFF-APPELLANT, v. STATE DEPARTMENT OF HEALTH, BRUCE SIEGEL, AS THE STATE COMMISSIONER OF HEALTH, AND HEALTH CARE ADMINISTRATION BOARD, DEFENDANTS-RESPONDENTS. SOMERSET MEDICAL CENTER, APPELLANT, v. STATE DEPARTMENT OF HEALTH, BRUCE SIEGEL, AS THE STATE COMMISSIONER OF HEALTH, AND HEALTH CARE ADMINISTRATION BOARD, RESPONDENTS. IN RE APPLICATION OF ENGLEWOOD HOSPITAL AND MEDICAL CENTER FOR A CERTIFICATE OF NEED FOR A CARDIAC SURGERY PROGRAM.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1994.

Attorney(s) appearing for the Case

Frank R. Ciesla argued the cause for appellant Monmouth Medical Center in A-1297-93T1 and A-1548-93T1 (Giordano, Halleran & Ciesla, attorneys; Mr. Ciesla, of counsel; Elizabeth Dusaniwskyj and James L. Petsche, on the briefs).

Charles A. Reid, III argued the cause for appellant Somerset Medical Center in A-1296-93T1 and A-1540-93T1 (Shanley & Fisher, attorneys; Mr. Reid, Kathleen B. Harden and Richard J. Warren, on the briefs).

James M. Hirschhorn argued the cause for appellant Englewood Hospital and Medical Center in A-4496-92T1 (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Mr. Hirschhorn, of counsel; Mr. Hirschhorn and Richard S. Schkolnick, on the brief).

Donald M. Palombi, Deputy Attorney General, argued the cause for respondent State of New Jersey, Department of Health (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Palombi, on the brief).

Before Judges SKILLMAN, KESTIN and WEFING.

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

These appeals involve the validity of the Department of Health's recently adopted regulations which impose moratoria upon the consideration of certificate of need applications for cardiac services pending the completion of studies relating to the need for those services. Appellants are hospitals which filed certificate of need applications for cardiac services that are now subject to these moratoria.

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