Legal Opinion

Ocean Medical Imaging Associates v. New Jersey Department of Health & Senior Services

New Jersey Superior Court Appellate Division

Decided November 13, 2007Published

1Opinion of the Court

The opinion of the court was delivered by

LIHOTZ, J.T.C.

(temporarily assigned).

Appellants own and operate ambulatory care facilities (ACF), not licensed to a hospital, that provide various healthcare services on their premises. Responding to the increased competition between hospitals and ACFs, the Legislature amended N.J.S.A. 26:2H-18.57 on June 29, 2004, to allow the Department of Health and Senior Services (DHSS) to impose an assessment on ACFs *480that perform the services enumerated in the statute. The assessment calculation is bottomed on an ACF’s gross receipts. Ibid. Revenues collected…

2Cases cited10 opinions

  1. DiProspero v. PennSupreme Court of New Jersey · 2005
  2. George Harms Construction Co. v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1994
  3. In Re Freshwater Wetlands Protection Act RulesSupreme Court of New Jersey · 2004
  4. Saint Peter's University Hospital v. LacySupreme Court of New Jersey · 2005
  5. Holmdel Builders Ass'n v. Township of HolmdelSupreme Court of New Jersey · 1990

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