Paul Kimball Hospital, Inc. v. Brick Township Hospital, Inc.

The opinion of the Court was delivered by

SCHREIBER, J.

This litigation involves a constitutional attack on an amendment to the Health Care Facilities Planning Act (“Act”), N.J. S.A. 26:2H-1 et seq., which exempts certain nonprofit corporations from the requirement of obtaining an initial certificate of need to operate as a hospital. It is asserted that the amendment, N.J.S.A. 26:2H-7.1 (section 7.1), violates the State proscription against special legislation, N.J.Const. (1947), Art. IV, § VII, par. 9(8), and the Equal Protection Clause of the Fourteenth Amendment to the United States…