SSI MEDICAL SERVICES v. STATE


284 N.J. Super. 184 (1995)

664 A.2d 505

SSI MEDICAL SERVICES, INC., APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 14, 1995.


Attorney(s) appearing for the Case

William S. Greenberg argued the cause for appellant (McCarter & English, attorneys; Mr. Greenberg, of counsel; Joseph C. O'Keefe, on the brief; Mary Ann Mullaney, on the reply brief).

John K. Worthington, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney for respondent; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Worthington, on the brief).

Before Judges MICHELS, STERN and HUMPHREYS.


The opinion of the court was delivered by HUMPHREYS, J.S.C. (temporarily assigned).

The New Jersey Division of Medical Assistance and Health Services ("DMAHS") has a policy of requiring a higher standard of proof of the timely filing of a Medicaid claim than would be required in "general business practice." The Acting Director of DMAHS applied that policy and rejected a recommendation by Jaynee LaVecchia, Chief Administrative...

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