Legal Opinion
In Re the Adoption of Regulations Governing the State Health Plan
Supreme Court of New Jersey
Decided February 28, 1994PublishedCited by 16 opinions
1Opinion of the Court
The opinion of the Court was delivered by
POLLOCK, J.
The general issue is whether the Legislature may adopt a statutory amendment that prohibits an agency from adopting regulations that conflict with the amendment. More specifically, the issue concerns the constitutionality of an amendment to N.J.S.A. 26:2H-5.8(a) (codified as L. 1992, c. 31), a subsection of the Health Care Cost Reduction Act (the Act). The amendment restricts the authority of the Department of Health (the Department or DOH) to adopt regulations pertaining to the State Health Plan.
Before the amendment, the Act provided that…
2Cases cited5 opinions
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
- Process Gas Consumers Group v. Consumer Energy Council of AmericaSupreme Court of the United States · 1983
- Wright v. Port Authority of New York and New JerseySupreme Court of New Jersey · 1993
- Kimmelman v. BurgioNew Jersey Superior Court Appellate Division · 1985
- Matter of Adoption of State Health PlanNew Jersey Superior Court Appellate Division · 1993
3Cited by16 opinions
- Doe v. PoritzSupreme Court of New Jersey · 1995
- Carmel Valley Fire Protection District v. StateCalifornia Supreme Court · 2001
- New Jersey Coalition of Health Care Professionals, Inc. v. New Jersey Department of Banking & InsuranceNew Jersey Superior Court Appellate Division · 1999
- Commc'ns Workers of Am. v. N.J. Civil Serv. Comm'nSupreme Court of New Jersey · 2018
- DiVigenze v. Chrysler Corp.New Jersey Superior Court Appellate Division · 2001
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