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N.J. ASS'N OF HEALTH CARE v. STATE

284 N.J. Super. 347 (1995)

665 A.2d 399

NEW JERSEY ASSOCIATION OF HEALTH CARE FACILITIES, PLAINTIFF, v. STATE OF NEW JERSEY, NEW JERSEY DEPARTMENT OF HEALTH, AND BRUCE SIEGEL, M.D., M.P.H., COMMISSIONER, DEFENDANTS.

Superior Court of New Jersey, Law Division Mercer County.

Decided May 5, 1995.

Attorney(s) appearing for the Case

Ezra D. Rosenberg, for plaintiff (Fox, Rothschild, O'Brien & Frankel, attorneys; Jonathan D. Weiner, of counsel; Mr. Rosenberg and Edith S. Brower, on the brief).

Donald M. Palombi, Deputy Attorney General, for defendants (Deborah T. Poritz, Attorney General of New Jersey, attorney; Benjamin J. Clarke, of counsel; Michael J. Haas, Todd A. Wigder and Mr. Palombi, on the brief).

CARCHMAN, A.J.S.C.

The State of New Jersey regulates the bed capacity of health care facilities through the use of a statutory scheme utilizing certificates of need (CON). CONs are issued upon a demonstration that any new or expanded facilities meet stated statutory criteria. See N.J.S.A. 26:2H-8. An exception to this regulatory scheme applies to religiously-affiliated health care facilities which limit admission to members and their immediate families.

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