In Re the New Jersey Individual Health Coverage Program's Readoption

In this case, we must decide whether the Board of Directors of the Individual Health Coverage Program (IHCP) exceeded its authority by promulgating regulations in conflict with the legislation that gave rise to the IHCP.

I

In 1992, the Legislature enacted the Individual Health Insurance Reform Act (the Reform Act or the Act), N.J.S.A. 17B:27A-2 to -16.5, to address a looming health care crisis that was making health care coverage both unavailable and unaffordable to many of this State’s residents. In re Individual Health Coverage Program Final Admin. Order Nos. 96-01 and 96-22, 302 N.J.Super.…