Saint Peter's University Hospital v. Lacy

In October 2002, after due notice and comment and upon the approval of the Health Care Administration Board (Board), the Commissioner (Commissioner) of the New Jersey Department of Health and Senior Services (Department) adopted regulations *5requiring that, “[b]y October 21, 2003, all licensed children’s hospitals [in the State] shall operate a regional perinatal center [RPC],” N.J.A.C. 8:43G-22A.6(c), that is, “a general acute care hospital which is designated and licensed to provide care to high risk mothers and neonates.” N.J.AC. 8:33C-1.2. Those regulations, however, exempted already…