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IN RE VIRTUA-WEST JERSEY HOSP.

A-127 September Term 2006.

945 A.2d 692 (2008)

194 N.J. 413

In re Application of VIRTUA-WEST JERSEY HOSPITAL VOORHEES FOR A CERTIFICATE OF NEED.

Supreme Court of New Jersey.

Decided April 23, 2008.

Attorney(s) appearing for the Case

John C. Connell, Haddonfield, argued the cause for appellants Cooper Health System and Our Lady of Lourdes Medical Center (Archer & Greiner, attorneys; Mr. Connell and Robert J. Fogg, Princeton, on the briefs).

Melissa H. Raksa, Deputy Attorney General, argued the cause for respondent Department of Health and Senior Services (Anne Milgram, Attorney General of New Jersey, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Rachana R. Munshi, Deputy Attorney General, on the brief).

Philip H. Lebowitz, Philadelphia, PA, a member of the Pennsylvania bar, argued the cause for intervenor-respondent Virtua-West Jersey Hospital Voorhees (Duane Morris, attorneys; Katherine Benesch, Princeton, of counsel; Mr. Lebowitz and Erin M. Duffy, Philadelphia, PA, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

Since 1971, New Jersey has employed a regulated process, known as certificate-of-need (CN) review, to supervise changes in the state-wide delivery of health care. See Health Care Facilities Planning Act (HCFPA), N.J.S.A. 26:2H-1 to -26 (establishing CN system of review under supervision of Commissioner of Health). For more than two decades the CN process facilitated top-down regulatory control over...

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