MATTER OF CERTIFICATE OF NEED OF VISITING NURSE ASS'N


302 N.J. Super. 85 (1997)

IN THE MATTER OF THE CERTIFICATE OF NEED OF THE VISITING NURSE ASSOCIATION OF SUSSEX COUNTY, INC.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1997.


Attorney(s) appearing for the Case

Murray J. Klein argued the cause for appellant (Reed Smith Shaw & McClay, attorneys; Mr. Klein, of counsel; Susan D. Bonfield and Joseph D. Glazer, on the brief).

Mary F. Rubinstein, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Rubinstein, on the brief).

Before Judges SHEBELL, BAIME and P.G. LEVY.


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

Visiting Nurse Association of Sussex County, Inc. (VNA) appeals from the denial of its application for a certificate of need (CON) to provide home health care services in Morris and Warren Counties. The State Health Planning Board (SHPB) adopted the findings of the Local Advisory Board (LAB) that (1) VNA failed to demonstrate an unmet need in Morris County and (2) the applications of other providers to furnish...

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