Supreme Court of New Jersey

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

July 8, 198291 N.J. 1

Summary

The Supreme Court of New Jersey held that the Medicaid regulation barring reimbursement for environmental control equipment is valid and that the court may not judicially waive that regulation; the matter was remanded to the Department of Human Services to determine whether a waiver is appropriate. The decision rests on the agency’s discretionary authority and the need for uniform rule application.