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HOSPICE & PALLIATIVE CARE v. GUHL

DOCKET NO. A-5548-08T2.

997 A.2d 298 (2010)

414 N.J. Super. 42

NEW JERSEY HOSPICE AND PALLIATIVE CARE ORGANIZATION, Appellant, v. John GUHL, Director of the Division of Medical Assistance and Health Services, Department of Human Services and Jennifer Velez, Commissioner of Human Services, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2010.

Attorney(s) appearing for the Case

Ivan J. Punchatz, argued the cause for appellant (Buchanan, Ingersoll & Rooney, attorneys; Mr. Punchatz and Brian N. Rath, Princeton, of counsel and on the briefs).

Julie Hubbs, Deputy Attorney General, argued the cause for respondents (Paula T. Dow, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Ms. Hubbs, on the brief).

Before Judges SKILLMAN, FUENTES and GILROY.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves a challenge to the validity of a regulation adopted by respondent Division of Medical Assistance and Health Services (DMAHS), which established the method of calculation of the reimbursement rate paid to hospice providers for room and board for Medicaid recipients who reside in nursing facilities, on the ground that this method violates a provision of the federal statute governing...

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