
On August 10, 2009, the Appellate Division of the New Jersey Superior Court issued its decision in the challenge to the adoption of amendments to N.J.A.C. 11:3-29, “Medical Fee Schedules: Automobile Insurance Personal Injury Protection and Motor Bus Medical Expense Insurance Coverage.” In the unanimous decision, In Re Adoption of N.J.A.C. 11:3-29 by the State of New Jersey, Department of Banking And Insurance, Docket No. A-0344-07T3, (http://lawlibrary.rutgers.edu/courts/appellate/a0344-07.opn.html), the Appellate Division affirmed the validity of the rules and found that the Department engaged in extensive consultation with provider groups, conducted a detailed review of multiple sources of fee data, and made “considered and informed judgments” in developing its rules and comprehensive fee schedules, concluding that the adoption of the rule met the requirements of the statute.