CAPITAL HEALTH SYSTEM, INC., Centrastate Medical Center, Holy Name Medical Center, Inc., The Community Hospital Group, Inc., t/a JFK Medical Center, Kennedy Health, Our Lady of Lourdes Health Care Services, Inc., St. Francis Medical Center, Inc., St. Luke's Warren Hospital, Inc., Trinitas Regional Medical Center, Valley Health System, and Virtua Health, Inc., Plaintiffs-Appellants,
v.
NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, Defendant-Respondent.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 25, 2016.
Decided June 7, 2016.
Attorney(s) appearing for the Case
Kerri Ann Law (Kramer Levin Naftalis & Frankel, LLP) of the New York bar, admitted pro hac vice, argued the cause for appellants (Greenberg Dauber Epstein & Tucker; Steven M. Goldman ; Daniel Goldman (Kramer Levin Naftalis & Frankel, LLP) of the New York bar, admitted pro hac vice; and Ms. Law, attorneys; Michael H. Freeman , Newark, Steven Goldman , Hackensack, Daniel Goldman , Little Falls, and Ms. Law, of counsel; Linda G. Harvey , Newark, of counsel and on the briefs).
Richard E. Wegryn, Jr. , Deputy Attorney General, argued the cause for respondent Department of Banking and Insurance ( Robert Lougy , Acting Attorney General, attorney; Melissa Dutton Schaffer , Assistant Attorney General, of counsel; Mr. Wegryn, on the briefs).
Jeffrey S. Chiesa , West Orange, argued the cause for respondent Horizon Blue Cross Blue Shield of New Jersey (Chiesa Shahinian & Giantomasi, PC, attorneys; Mr. Chiesa, on the briefs).
Melinda Martinson , General Counsel, Medical Society of New Jersey and Edith M. Kallas , Joe R. Whatley, Jr. , Ilze C. Thielmann (Whatley Kallas, LLP) attorneys for amicus curiae Medical Society of New Jersey (Ms. Martinson, of counsel and on the brief; Ms. Kallas, Mr. Whatley and Mr. Thielmann, on the brief).
Howard R. Rubin , Robert T. Smith and Eric T. Werlinger (Katten Muchin Rosenman, LLP) of the District of Columbia bar, admitted pro hac vice, and Scott A. Resnik (Katten Muchin Rosenman, LLP) attorneys for amicus curiae New Jersey Patient Care and Access Coalition (Mr. Rubin, Mr. Smith and Mr. Werlinger, of counsel; Mr. Resnik, of counsel and on the brief).
Before Judges ALVAREZ, ACCURSO and HAAS.
The opinion of the court was delivered by
HAAS, J.A.D.
Appellants, a group of ten New Jersey hospitals,1 appeal from the September 18, 2015 final decision of the New Jersey Department of Banking and Insurance (the Department), approving Horizon Blue Cross Blue Shield of New Jersey's (Horizon's) application to...
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