In Re Amendment of N.J.A.C. 8:31B-3.31

The opinion of the Court was delivered by

STEIN, J.

This appeal concerns the facial validity of amendments to two regulations concerning New Jersey’s hospital-rate-setting system promulgated by the Department of Health (Department) pursuant to the Health Care Facilities Planning Act (the Act). N.J.S.A. 26:2H-1 to -52. The amendments to one regulation, N.J.A.C. 8:31B-3.31, provide in essence that a hospital must “conditionally accept,” or “not accept,” its proposed Schedule of Rates in order to appeal for additional graduate medical resident positions by transfer between hospitals; moreover, any…