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March 6, 2017 State Regulatory Developments

March 22, 2017 | No Comments
Posted by Beth Christian

  • On March 1, 2017, the Attorney General and the Board of Medical Examiners adopted emergency amendments to the regulations governing prescriptions for controlled dangerous substances.  The limitations and requirements contained in the emergency amendments apply to physicians, podiatrists, physician assistants, and certified nurse midwives and are effective immediately.  The emergency amendments will remain in effect for a period of 60 days, and will be concurrently published for notice and comment in the New Jersey Register on March 20, 2017.  Among other things, the emergency amendments impose a 120 dosage unit or 30 day supply limitation for Schedule II controlled dangerous substances, subject to certain exceptions set forth in the amendments.  With regard to prescriptions for opioid drugs, practitioners are not permitted to issue an initial prescription for an opioid drug for treatment of acute pain in a quantity exceeding a 5 day supply.  The amendments also require the prescribing practitioner to discuss with the patient or the patient’s parent or guardian the reasons why the medication is being prescribed, the possible alternative treatments, and the risks associated with the medication.
  • On March 6, 2017 at 49 N.J.R. 401, the State Board of Medical Examiners published notice of its proposal of amendments to its rules governing compassionate use medical marijuana.  The proposed rule is intended to implement an amendment to the New Jersey Compassionate Use Medical Marijuana Act which adds post-traumatic stress disorder as a debilitating medical condition for which medical marijuana may be prescribed in New Jersey.
  • On March 6, 2017 at 49 N.J.R. 446, the Department of Human Services published notice of its readoption with amendments to its rules governing the provision of pharmaceutical services under the Pharmaceutical Assistance for the Aged and Disabled Program (PAAD).
  • On March 6, 2017 at 49 N.J.R. 450, the Department of Banking and Insurance published notice of its readoption of the rules governing the Small Employer Health Benefits Program.
  • On March 6, 2017 at 49 N.J.R. 450, the Board of Massage and Bodywork Therapy published notice of its adoption of amendments to its rules regarding licensure and licensure renewal.  Among other things, the amendments will require licensees to obtain current certification in CPR, first aid and use of an automatic external defibrillator.
  • On March 6, 2017 at 49 N.J.R. 451, the State Board of Pharmacy published notice of its adoption of amendments to its rules and the adoption of new rules governing control and monitoring of temperatures for prescription drugs and chemicals.  The amendments set forth storage and temperature control requirements for retail pharmacies, and also require that a pharmacist in charge be a full time employee who is employed for a minimum of 35 hours per week.
  • On March 6, 2016 at 48 N.J.R. 461, the Department of Health published notice of its special adoption of new rules governing the requirements for licensure, inspection and establishment of dementia care homes.
  • On March 6, 2016 at 48 N.J. 478, the Department of Health published notice of its postponement of a certificate of need call for comprehensive rehabilitation beds.  The Department of Health indicated that it anticipates publishing notice of a certificate of need call for comprehensive rehabilitation beds at a later date.

New Jersey Recognizes the Need for an Increase in the Number of Adult Acute Psychiatric Beds

February 28, 2017 | No Comments
Posted by Anjali Baxi

Last week, the New Jersey Department of Health (NJDOH) issued a notice inviting CN applications to establish new adult acute psychiatric beds under N.J.A.C. 8:33-4.1(a)(2).  Recognizing national trends, such as the increasing number of individuals diagnosed with co-occurring mental health and substance use disorders, the fact that nearly 750,000 New Jersey adults are receiving mental health treatment and more than 957,000 New Jersey adults are getting substance abuse treatment, and the fact that Governor Christie has supported legislation that would require health insurers to pay without prior authorization for up to six months of inpatient treatment, the Department has established a bed need of 40 adult psychiatric beds per 100,000 adults. Applications are due by May 1, 2017. Read more

February 6, 2017 Regulatory Developments

February 27, 2017 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on February 6, 2017:

  • On February 6, 2017 at 49 NJR 225, the Office of the Governor issued Executive Order No. 219, which establishes the governor’s task force on drug abuse control.
  • On February 6, 2017 at 49 NJR 232, the Department of Health published notice of its proposed amendments to its rules, as well as the proposal of new rules, governing hospice licensing standards.  Among other things, the proposal sets forth requirements for licensed inpatient hospice care providers.
  • On February 6, 2017 at 49 NJR 259, the Department of Human Services published notice of its readoption with amendments to its rules governing the standards for community residences for persons with head injuries.
  • On February 6, 2017 at 49 NJR 286, the Department of Human Services published notice of its action on a petition for rulemaking which was filed on behalf of Medicaid and NJ FamilyCare beneficiaries.  The proposed amendment would have required that managed care organizations providing health care services to Medicaid and NJ FamilyCare plan beneficiaries not deny medically necessary services on the grounds that such services are investigational or experimental in nature.  The Department of Human Services denied the request, finding that existing regulations require managed care organizations permit enrollees to participate in an approved clinical trial and that such regulations provide sufficient protection to enrollees.

 

January 17, 2017 Regulatory Developments

January 18, 2017 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on January 17, 2017:

  • On January 17, 2017 at 49 NJR 174, the Department of Human Services published notice of its proposed readoption with amendments to its rules governing the statewide respite care program.
  •   On January 17, 2017 at 49 NJR 179, the Division of Consumer Affairs published notice of its proposed amendment to its rules governing the schedules of controlled dangerous substances.
  • On January 17, 2017 at 49 NJR 201, the Department of Human Services published notice of its readoption with amendments to its rules governing adult mental health rehabilitation services provided in or by community residence programs.
  • On January 17, 2017 at 49 NJR 203, the Department of Human Services published notice of its readoption with amendments to its rules governing the NJ FamilyCare-Childrens Programs Manual.

 

January 3, 2017 Regulatory Developments

January 17, 2017 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on January 3, 2017:

  • On January 3, 2017 at 49 NJR 50, the Board of Medical Examiners published notice of its proposal of amendments to its rules governing the standards for declaration of death based upon neurological criteria (brain death).
  • On January 3, 2017 at 49 NJR 101, the Department of Human Services published notice of its readoption with amendments to its rules governing psychiatric residential treatment facility services for individuals under age 21.
  • On January 3, 2017 at 49 NJR 116, the State Board of Nursing published notice of its repeal of NJAC 13:37-7.3.  The regulation had allowed advanced practice nurses to practice under a work permit letter while they were waiting to take the advance practice nursing certification exam.  The Board proposed repeal of the regulation because the availability of on line advanced practice nursing certification examinations obviates the need for work permit letters, since applicants no longer need to wait for an exam to be held on a specific date.
  • On January 3, 2017 at 49 NJR 116, the State Board of Nursing published notice of its adoption of amendments to its rules regarding forensic nurse-certified sexual assault education programs.

 

 

December 19, 2016 Regulatory Developments

January 12, 2017 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on December 19, 2016:

  • On December 19, 2016 at 48 NJR 2737, the Department of Human Services published notice of its proposed readoption with amendments to its rules governing independent clinic services under Medicaid.
  • On December 19, 2016 at 48 NJR 2751, the Department of Human Services published notice of its proposed readoption with amendments to its rules, as well as the proposal of new rules, establishing the Pediatric Medical Daycare Program, which provides medically necessary services in an ambulatory care setting to children who reside in the community with medically complex needs whose needs cannot be met in a regular daycare or preschool program.
  • On December 19, 2016 at 48 NJR 2785, the Department of Human Services published notice of its readoption of amendments to its rules governing pharmaceutical services under Medicaid.
  • On December 19, 2016 at 48 NJR 2791, the Department of Human Services published notice of its proposed readoption with amendments to its rules governing the licensure of outpatient substance abuse treatment facilities.
  • On December 19, 2016 at 48 NJR 2822, the State Board of Dentistry published notice of its adoption of new rules governing credit towards registration as a limited registered dental assistant in orthodontics for education, training and experience received while serving as a member of the Armed Forces.
  • On December 19, 2016 at 48 NJR 2833 and 2834, the Department of Health published notice of its postponement of the Certificate of Need calls for the following services:  (1) new specialized long-term care beds for pediatric care; (2) new specialized long-term care beds for severe behavior management; (3) new specialized long-term care beds for ventilator care; and (4) regionalized perinatal services and maternal and child health consortia.

 

December 5, 2016 Regulatory Developments

December 7, 2016 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on December 5, 2016:

  • On December 5, 2016 at 48 NJR 2516, the Department of Health published notice of its proposal of amendments to its rules and the proposal of new rules concerning childhood elevated blood levels.
  • On December 5, 2016 at 48 NJR 2571, the Department of Health published notice of its proposal of amendments to its rules governing screening of children for lead poisoning.
  • On December 5, 2016 at 48 NJR 2574, the Department of Human Services published notice of its proposed readoption with amendments to its rules governing the vision care services manual under Medicaid.
  • On December 5, 2016 at 48 NJR 2582, the Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians published notice of its proposed amendments to its rules. The amendments would recognize that licensed ophthalmic dispensers may perform certified vision screenings.
  • On December 5, 2016 at 48 NJR 2611, the Department of Health published notice of its readoption of the rules governing mobility assistance vehicles and basic life support ambulance services.
  • On December 5, 2016 at 48 NJR 2611, the Department of Health published notice of its readoption of the rules governing emergency medical technician basic training and certification.
  • On December 5, 2016, the Department of Health published notice of its readoption of its rules governing emergency medical technician-paramedic training and certification.
  • On December 5, 2016 at 48 NJR 2621, the Department of Banking and Insurance published notice of its readoption with amendments to its rules and the adoption of new rules governing New Jersey Worker’s Compensation Managed Care Organizations.
  • On December 5, 2016 at 48 NJR 2622, the State Board of Optometrists published notice of its adoption of amendments to its rules. The amendments would allow optometrists to prescribe controlled dangerous substances containing hydrocodone, regardless of schedule.

November 21, 2016 Regulatory Developments

November 22, 2016 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on November 21, 2016:

  • On November 21, 2016 at 48 N.J.R. 2439, the Department of Human Services published notice of its adoption of amendments to its rules governing family support services for family members of individuals suffering from mental illness.

November 7, 2016 Regulatory Developments

November 10, 2016 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on November 7, 2016:

  • On November 7, 2016 at 48 NJR 2211, the Department of Health published notice of its proposal of new rules implementing the Human Trafficking Prevention, Protection and Treatment Act.  Under the Act, the Department of Health is required to develop or approve for use a one-time training course on handling and response procedures in connection with suspected human trafficking activities for employees of licensed health care facilities. The Act requires the Department of Health to establish standards identifying the health care facility employees who will be required, as a condition of their employment, to receive the training. It also makes facility compliance with employee training a condition of facility licensure.
  • On November 7, 2016 at 48 NJR 2336, the Department of Health published notice of its readoption with amendments to its rules governing the standards for licensure for pediatric community transitional homes.
  • On November 7, 2016 at 48 NJR 2354, the Department of Health published notice of its readoption of its rules regarding the standards for licensure of pediatric medical day care facilities.
  •  On November 7, 2016 at 48 NJR 2360, the Department of Health published notice of its adoption of amendments to its rules governing the Small Employer Health Benefits Program.
  • On November 7, 2016 at 48 NJR 2374, the Division of Consumer Affairs published notice of its adoption of new rules governing the Prescription Monitoring Program.
  • On November 7, 2016 at 48 NJR 2400, the Department of Human Services published notice of its action on a petition for rule making. The petitioner asked the Department to require any managed care organization providing health care services to Medicaid and New Jersey FamilyCare beneficiaries to approve medically necessary investigational or experimental services to those beneficiaries. The Department has referred the matter for further deliberation.

 

 

 

 

October 17, 2016 Regulatory Developments

October 31, 2016 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on October 17, 2016:

  • On October 17, 2016, at 48 N.J.R. 2102 the Board of Marriage and Family Therapy Examiners published notice of its proposed amendments to its rules and the proposal of new rules governing professional practice and licensure.  Among other things, the proposal implements a new mechanism for licensees whose licenses are inactive or were administratively suspended to apply for reinstatement.  The proposed rules will also require licensees to include a detailed note regarding termination of services in a client’s treatment record.
  • On October 17, 2016 at 48 N.J.R. 2118, the Alcohol and Drug Counselor Committee published notice of its proposed amendments to its rules and the proposal of new rules governing professional practice and licensure.  Among other things, the proposal implements a new mechanism for licensees whose licenses are inactive or were administratively suspended to apply for reinstatement.
  • On October 17, 2016 at 48 N.J.R. 2144, the Department of Banking & Insurance published notice of its adoption of amendments to its rules governing the internal appeals process used under the Personal Injury Protection (PIP) benefit program.
  • On October 17, 2016 at 48 N.J.R. 2144, the Department of Banking & Insurance published notice of its adoption of amendments to its rules governing the out-of-network payment benefit and calculation methodology for Individual Health Insurance plans which offer out of network benefits.

 

 

 

 

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