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NORTHWEST COV. MED. CTR. v. FISHMAN

770 A.2d 233 (2001)

167 N.J. 123

NORTHWEST COVENANT MEDICAL CENTER, Appellant-Appellant, v. Leonard FISHMAN, Commissioner, Department of Health and Senior Services, and William Waldman, Commissioner, Department of Human Services, Respondents-Respondents.

Supreme Court of New Jersey.

Decided April 23, 2001.

Attorney(s) appearing for the Case

Murray J. Klein, argued the cause for appellant (Reed Smith Shaw & McClay, attorneys; Mr. Klein, Princeton and Jennifer L. Schwartz, Teaneck, on the briefs).

Daisy B. Barreto, Deputy Attorney General, argued the cause for respondents (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Mary C. Jacobson, Former Assistant Attorney General, of counsel; Eileen C. Stokley, Deputy Attorney General, on the brief).

The opinion of the Court was delivered by COLEMAN, J.

The primary issue in this case is whether the Department of Health and Senior Services' (DHSS) refusal to reallocate Northwest Covenant Medical Center's (Northwest) 1997 charity care subsidy was a quasi-legislative decision. If so, then the forty-five day time limit for appealing an agency action does not apply and Northwest may maintain its appeal if not barred by laches...

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