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SEASHORE AMBULATORY SURG. CTR. v. DEPT. OF HEALTH

288 N.J. Super. 87 (1996)

671 A.2d 1088

SEASHORE AMBULATORY SURGERY CENTER, INC., MORRIS ANTEBI, M.D., AND PAIN SPECIALISTS, P.A., APPELLANTS, v. NEW JERSEY DEPARTMENT OF HEALTH, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1996.

Attorney(s) appearing for the Case

Dechert, Price & Rhoads, attorneys for appellants (Bruce W. Clark, on the brief).

Deborah T. Poritz, Attorney General, attorney for respondent (Michael J. Haas, Sr. Deputy Attorney General, of counsel; Mary F. Rubinstein, Deputy Attorney General, on the brief).

Before Judges PETRELLA, SKILLMAN and EICHEN.

EICHEN, J.A.D.

This appeal involves the applicability of certificate of need (CON) regulations governing the initiation of ambulatory surgical facilities, N.J.A.C. 8:33S-1.1 to -1.7 (current regulations), to physicians in their private practice. The Department of Health (DOH) determined appellants were required to obtain a CON for certain uses of an ambulatory surgical facility they had initiated after regulations governing such facilities had lapsed, N...

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