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IN RE COMMISSIONER'S FAILURE

817 A.2d 355 (2003)

358 N.J. Super. 135

In the Matter of the COMMISSIONER'S FAILURE TO ADOPT 861 CPT CODES and to Promulgate Hospital and Dental Fee Schedules.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2003.

Attorney(s) appearing for the Case

Susan Stryker argued the cause for appellant American Insurance Association (Ms. Stryker and Mitchell A. Livingston, Trenton, on the brief).

Doreen J. Piligian, Deputy Attorney General, argued the cause for New Jersey Department of Banking and Insurance (David Samson, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Piligian and Karyn G. Gordon, Deputy Attorney General, on the brief).

Before Judges KING, WECKER and LISA.

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

In this case, American Insurance Association (AIA), a national insurance trade association of property and casualty insurance companies licensed to do business in every state, appeals from the adoption of a physicians' fee schedule by the Commissioner of Banking and Insurance (Commissioner), N.J.A.C. 11:3-29 Appendix (Exhibit 1), and from the failure to adopt a hospital fee schedule. AIA appeals on behalf...

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