Supreme Court of New Jersey

Bergen Pines County Hospital, Petitioner-Respondent v. New Jersey Department of Human Services; Ann Klein…

June 28, 198496 N.J. 456

Summary

The New Jersey Supreme Court held that Bergen Pines County Hospital's failure to participate in the rulemaking process barred it from later attacking the factual basis of the Medicaid reimbursement regulations, and therefore reversed the Appellate Division's remand ordering further hearings. The Court affirmed the validity of the CARE regulations as reasonable and not arbitrary, emphasizing deference to the agency and the requirement of federal approval. It also directed that any further remand be sent to DMAHS for transmission to the Office of Administrative Law.