In Re the Schedule of Rates for Barnert Memorial Hospital

The opinion of the Court was delivered by

O’HERN, J.

The question here is whether a hospital’s available philanthropic funds may be included as part of its working capital when the State fixes the hospital’s initial rates under the hospital rate setting program set out in N.J.S.A. 26:2H-1 to -52. The dispute centers about N.J.S.A. 26:2H-18 d, as implemented by the Department’s regulations, primarily N.J.A.C. 8:31B^f.-16(a), which regulation effectively includes such philanthropic funds as an element of initial working capital. We hold that the regulation is valid and affirm the judgment below…