Supreme Court of New Jersey

Gail Dougherty v. Department of Human Services, Division of…

July 8, 198291 N.J. 1

Summary

The Supreme Court held that the Medicaid regulation excluding environmental control equipment is valid and that the decision to waive that regulation must be made by the Department of Human Services. Accordingly, the Court modified the Appellate Division judgment in part and remanded for the agency to determine whether a waiver is appropriate under the New Jersey Medical Assistance and Health Services Act.