PRACTICE PAPERS
Administrative Law
Cooper University Hospital v. Sebelius
Thursday, November 19, 2009
The CMS interpretation of the Medicare disproportionate share hospital adjustment provision excluding New Jersey Charity Care Program patients is a permissible construction of the statute.
SPONSOR SPOTLIGHT
In re Agricultural, Aquacultural and Horticultural Water Usage Certification Rules, N.J.A.C. 7:20A-1.1 et seq.
Thursday, October 22, 2009
The DEP's readoption of and amendments to the regulations in N.J.A.C. 7:20A, which implement and enforce the Water Supply Management Act, are upheld with four exceptions that are ultra vires and unenforceable.
Pierce v. Commissioner of Social Security
Thursday, September 10, 2009
The commissioner of the Social Security Administration correctly determined that plaintiff is not entitled to spousal insurance benefits because she does not qualify for an exception to the Social Security Act's pension offset provision.
New Jersey Association of School Business Officials v. Davy
Thursday, September 3, 2009
The challenged measures of "Fiscal Accountability, Efficiency and Budgeting Procedures" are upheld because they are not inconsistent with statutory law and are within the powers expressly granted to the commissioner and those reasonably necessary or appropriate to effectuate the specific delegation.
Diaz v. Commissioner of Social Security
Thursday, August 27, 2009
Where it cannot be ascertained if the ALJ truly considered competing evidence and whether claimant's conditions, including her obesity, individually and collectively impacted her workplace performance, the denial of benefits is vacated and the matter is remanded.
Pascarella v. Swift Transportation Company
Tuesday, August 11, 2009
Due process is satisfied by the published availability of procedures for a predeprivation hearing in the New Jersey Administrative Code; because plaintiff failed to request a predeprivation hearing, he cannot state a claim for denial of due process.
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