Legal Opinion
Besler & Co. v. Bradley
New Jersey Superior Court Appellate Division
Decided June 11, 2003PublishedCited by 4 opinions
1Opinion of the Court
The opinion of the court was delivered by
LEFELT, J.A.D.
Besler & Company, Inc. and the Hospital Center at Orange (Besler) contend that the Division of Medical Assistance and Health Services (DMAHS) violated the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -25, and Metromedia, Inc. v. Dir., Div. of Taxation, 97 N.J. 313, 478 A.2d 742 (1984), by issuing a letter without formal rulemaking, which mandated that all rate appeals be submitted directly from hospitals and not by consultants or agents. We agree that DMAHS should have acted by rulemaking and reverse and remand.
Besler…
2Cases cited12 opinions
- Metromedia, Inc. v. Director, Division of TaxationSupreme Court of New Jersey · 1984
- Cammarata v. Essex County Park CommissionSupreme Court of New Jersey · 1958
- In Re Enron Corp. Securities, Derivative & ERISA Lit.District Court, S.D. Texas · 2002
- In Re the Request for Solid Waste Utility Customer ListsSupreme Court of New Jersey · 1987
- State v. CarboneSupreme Court of New Jersey · 1952
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3Cited by4 opinions
- E.B. v. Division of Medical Assistance & Health ServicesNew Jersey Superior Court Appellate Division · 2013
- Silver v. Board of ReviewNew Jersey Superior Court Appellate Division · 2013
- In re Hospitals' Petitions for Adjustment of Rates for Reimbursement of Inpatient Services to Medicaid BeneficiariesNew Jersey Superior Court Appellate Division · 2006
- ESTATE OF WINIFRED SKORSKI VS. NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY (NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY)New Jersey Superior Court Appellate Division · 2019