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OCEAN MEDICAL IMAGING ASS'N v. DEPT. OF HEALTH & SENIOR SERV.

935 A.2d 763 (2007)

396 N.J. Super. 477

OCEAN MEDICAL IMAGING ASSOCIATES d/b/a Ocean Medical Imaging Center, Atlantic Open MRI, L.L.C. d/b/a Atlantic Diagnostics, East Bergen Imaging, L.L.C., Progressive Medical Imaging of Union City, L.L.C., Progressive Medical Imaging of Hackensack, L.L.C., Foster & Gross Radiologic Associates, P.A. and Mid-Atlantic Stone Center, Appellants, v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 2007.

Attorney(s) appearing for the Case

Fredric L. Shenkman, Atlantic City, argued the cause for appellants (Cooper, Levenson, April, Niedelman & Wagenheim, P.A., attorneys; Mr. Shenkman and Howard E. Drucks, on the brief).

Michael J. Kennedy, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. Kennedy, on the brief).

Before Judges CUFF, LISA and LIHOTZ.

The opinion of the court was delivered by

LIHOTZ, J.T.C. (temporarily assigned).

Appellants own and operate ambulatory care facilities (ACF), not licensed to a hospital, that provide various healthcare services on their premises. Responding to the increased competition between hospitals and ACFs, the Legislature amended N.J.S.A. 26:2H-18.57 on June 29, 2004, to allow the Department of Health and Senior Services (DHSS) to impose an assessment on ACFs...

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