Credit: itsallgood/stock.adobe.com Appellate Division Rejects Hospitals' Unconstitutional Takings Challenge to Charity Care Statute
"After a thorough review of all plaintiffs' constitutional taking claims, we conclude that the record shows no per se taking, nor does a balancing of the Penn Central factors reveal a regulatory taking," Judge Morris G. Smith said. "We affirm the trial court's order granting defendants' motion for summary judgment against all plaintiffs."
June 27, 2024 at 05:28 PM
5 minute read
In a published opinion Thursday, the Appellate Division rejected claims from a group of New Jersey hospital that a charity care program requiring it to provide care to all patients, regardless of ability to pay, was considered an unconstitutional taking.
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