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STATE EX REL. HAYLING v. CORR. MED. SERV.

Docket No. A-5575-09T2

28 A.3d 1246 (2011)

422 N.J. Super. 363

STATE of New Jersey, through Leslie A. HAYLING, Jr., D.D.S., Plaintiff-Appellant, v. CORRECTIONAL MEDICAL SERVICES, INC., AllCare Dental Group, L.L.C., Vickie Bybee, David Meeker, Janice Bell, D.M.D., and Lionel Anicette, M.D., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 2011.

Attorney(s) appearing for the Case

Karen A. Confoy argued the cause for appellant (Sterns & Weinroth, attorneys; Ms. Confoy and Erica S. Helms , Trenton, on the briefs).

Diana L. Spagnuolo (Ballard Spahr L.L.P.) of the Pennsylvania bar, admitted pro hac vice, argued the cause for respondents (Genova, Burns & Giantomasi and Ms. Spagnuolo, attorneys; Kathleen Barnett Einhorn , Newark, John B. Kearney , Cherry Hill, and Ms. Spagnuolo, of counsel and on the brief).

Lisa D. Kutlin , Deputy Attorney General, argued the cause for amicus curiae State of New Jersey ( Paula T. Dow , Attorney General, attorney; Andrea M. Silkowitz , Assistant Attorney General, of counsel; Ms. Kutlin, Megan Lewis , Deputy Attorney General, and Samuel S. Cornish , Deputy Attorney General, on the brief).

Ambrosio & Tomczak, Montclair, attorneys for respondents AllCare Dental Group, L.L.C. and Janice Bell, D.M.D., join in the brief filed on behalf of respondents Correctional Medical Services, Inc., Vickie Bybee and David Meeker.

Hill Wallack L.L.P., attorneys for respondent Lionel Anicette, M.D., join in the brief filed on behalf of respondents Correctional Medical Services, Inc., Vickie Bybee and David Meeker.

Before Judges PAYNE, REISNER and HAYDEN.

The opinion of the court was delivered by

PAYNE, P.J.A.D.

The New Jersey False Claims Act (NJFCA), N.J.S.A. 2A:32C-1 to -15 and N.J.S.A. 2A:32C-17 to -18, was enacted on January 13, 2008. Section 19 of that Act provided: "This act shall take effect on the 60th day after enactment." See L. 2007, c. 265, § 19. This appeal raises the issue whether, despite that language, the NJFCA should...

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