New Jersey Hospice and Palliative Care Organization v. Guhl, A-5548-08T2; Appellate Division; opinion by Skillman, P.J.A.D.; decided and approved for publication July 8, 2010. Before Judges Skillman, Fuentes and Gilroy. On appeal from the Department of Human Services, Division of Medical Assistance and Health Services. DDS No. 22-2-8526 [16 pp.]
This appeal involves a challenge to the validity of a regulation, N.J.A.C. 10:53A-4.2(c)(1)(i), adopted by respondent Division of Medical Assistance and Health Services (DMAHS), that established the method of calculation of the reimbursement rate paid to hospice providers for room and board for Medicaid recipients who reside in nursing facilities, on the ground that this method violates a provision of the federal statute governing the Medicaid program.
