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9 N.J.A.R. 33

Senior Convalescent and Rehabilitation Services, In the Matter of
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Citation: 9 N.J.A.R. 33
Decision Date: 1985
Agency: DEPARTMENT OF HEALTH
Synopsis: Senior Convalescent and Bergen Health Care Center, Inc., each applied for a certificate of need for a 240 bed long-term care facility with a 27 or 30 slot Medical Day Care program in Bergen County in the July 1983 long-term care batching facility. In January 1984, the Commissioner of Health recommended denial of these appli- cations based on lack of need since completing applications meeting priority criteria had been approved. Senior Convalescent and Bergen requested a hearing and the matter was assigned to an administrative law judge. The administrative law judge assigned to the case concluded that the comparative merits of those applications approved within the batching cycle were not at issue and that she would not review the validity of the procedures resulting in the approvals. The judge noted that the purpose of the regulations adopting the batching process were fulfilled and that the applicants had contended strongly against each other for the beds needed at that time. After failing to gain a certificate, petitioners should have either appealed the approvals, as well as asking leave to appeal the denial to the Appellate Division, while continuing to contend in the same batch or to have withdrawn from the batch and to have reapplied in a subsequent batch. The petitioners declined to take either action. Accordingly, the adminis- trative law judge concluded on the basis of the facts before her, that it would be impossible for either petitioner to prove its proposal is necessary pursuant to the standards of N.J.S..I. 26:24-8 and thus ordered that the matter be dismissed. In Re: Senior Convalescent Upon review, this initial decision was adopted by the Health Care Administration Board. Richard A. Kurland, Esq., for petitioner, Senior Center (Kurland and Lippert, attorneys) William J. Wolf, Esq., for petitioner, Bergen Center (Bathgate, Wegener, Wouters & Neumann, attorneys) Michael J. Haas, Deputy Attorney General, for Commisioner of Health (Irwin I. Kimmelman, Attorney General of New Jersey, attorney)
Statute(s) Cited: 26:24-8