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DEBORAH HEART & LUNG CTR. v. HOWARD

No. A-4131-07T3

962 A.2d 577 (2009)

404 N.J. Super. 491

DEBORAH HEART AND LUNG CENTER, Appellant, v. Heather HOWARD, J.D., Commissioner of the New Jersey Department of Health and Senior Services, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 2009.

Attorney(s) appearing for the Case

R. James Kravitz, Lawrenceville, argued the cause for appellant (Fox Rothschild, L.L.P., attorneys; Jonathan D. Weiner, of counsel; Mr. Weiner, Maureen E. Kerns, and Abbey True Harris, on the brief).

Susan J. Dougherty, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Ms. Dougherty, on the brief).

Before Judges PARRILLO, LIHOTZ and MESSANO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

At issue is a regulatory agency's classification of a certain medical procedure, transmyocardial revascularization (TMR), when performed by its licensees in conjunction with coronary artery bypass graft (CABG) surgery. On March 6, 2008, the Commissioner of the Department of Health and Senior Services (DHSS) announced a change in the manner of reporting to the public risk-adjusted mortality data on...

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