MAINLAND MANOR NURSING & REHABILITATION CENTER v. NJ DHSS

DOCKET NO. A-4438-06T2.

959 A.2d 885 (2008)

403 N.J. Super. 562

MAINLAND MANOR NURSING & REHABILITATION CENTER, Appellant, v. NEW JERSEY DEPARTMENT OF HEALTH & SENIOR SERVICES, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 2008.


Attorney(s) appearing for the Case

Cindy M. Perr, argued the cause for appellant (Gluck, Walrath LLP, attorneys, Trenton; Ms. Perr and Andrew P. Aronson, on the brief).

Rachana R. Munshi, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Munshi, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.


The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

On April 21, 2003, respondent Department of Health and Senior Services (DHSS) published a "notice of invitation for certificate of need applications for specialized long-term care beds to provide ventilator care for adult residents." 35 N.J.R. 1739(c). The call identified a need for 154 such beds distributed among fifteen counties, and listed the bed need for each county, calculated through...

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