THE NEW JERSEY SPINE SOCIETY VS. NEW JERSEY SMALL EMPLOYER HEALTH BENEFITS PROGRAM BOARD A-1723-16T4

THE NEW JERSEY SPINE SOCIETY VS. NEW JERSEY SMALL EMPLOYER HEALTH BENEFITS PROGRAM BOARD
A-1723-16T4
The New Jersey Department of Banking and Insurance, Small Employer Health Benefits Program Board (the SEH Board), engaged in

rulemaking in accordance with the expedited procedure established by N.J.S.A. 17B:27A-51 (Section 51), rather than pursuant to the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -31. In doing so, the SEH Board repealed an administrative rule pertaining to out-of-network benefits under certain health insurance plans. We held that the repeal constituted an "action" under the plain language of Section 51, and concluded that the SEH Board correctly relied on Section 51 rather than the APA.