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January 2, 2018 Regulatory Developments

January 15, 2018 | 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 2, 2018:

  • On January 2, 2018 at 50 NJR 9, the Division of Consumer Affairs published notice of its proposal of amendments to its rules governing prescriptions filled for Gabapentin. The proposed amendments will require New Jersey licensed pharmacies and registered out-of-state pharmacies to electronically transmit information to the Division of Consumer Affairs about prescriptions for Gabapentin.
  • On January 2, 2018 at 50 NJR 133, the Office of Children and Families published notice of its adoption of amendments to its rules regarding New Jersey Safe Haven Infant Protection Act procedures and requirements. Among other things, the amendments provide that the person who brings an infant to a police station, fire department, ambulance, hospital, or emergency department is not required to disclose his or her name or the name of the parent, provide any identifying or non-identifying information about the infant or birth family, or provide any background or medical information about the infant or birth family. The amendments also set forth the procedures that hospital staff must undertake if a safe haven infant is dropped off at the hospital. The amendments require the hospital to obtain information regarding the infant and document it in the infant’s medical chart; comply with any court order obtained by the Division of Child Protection and Permanency (including any requirements for testing); notify the Division of Child Protection Permanency of the infant’s anticipated discharge date; and offer the person bringing the infant to the hospital’s services, medical care, or a referral for services, as appropriate.
  • On January 2, 2018 at 50 NJR 198, the Department of Banking and Insurance published notice of its adoption of new rules governing pharmacy benefits managers. The new rules set forth the requirements for contracts between a pharmacy benefits manager and a contracted pharmacy, and requires pharmacy benefits managers to certify that new or existing contracts, upon renewal, comply with the requirements set forth in applicable law.
  • On January 2, 2018 at 50 NJR 209, the State Board of Medical Examiners published notice of its adoption of amendments to its rules applicable to medical standards governing screening and diagnostic medical testing in practitioner offices. The amendments will implement additional requirements for the ordering and performance of specific tests.
  • On January 2, 2018 at 50 NJR 212, the State Board of Nursing adopted amendments to its rules regarding applications for certified home health aide certification.
  • On January 2, 2018 at 50 NJR 259, the Department of Health published notice of its cancellation of the Certificate of Need call for new home health agencies. The notice of cancellation indicated that the Department had collected encounter data for calendar years 2013, 2014 and 2015 from licensed home health agencies and calculated need projections to the year 2020 by region. Based upon its analysis, the Department has determined that there is not a sufficient need for additional home health agencies at this time.
  • On January 2, 2018 at 50 NJR 260, the Department of Health published notice of a Certificate of Need call for new specialized long-term care beds for pediatric care.
  • On January 2, 2018 at 50 NJR 260, the Department of Health published notice of a Certificate of Need call for new specialized long-term care beds for severe behavior management.
  • On January 2, 2018 at 50 NJR 260, the Department of Health published notice of a Certificate of Need call for new specialized long-term care beds for ventilator care.
  • On January 2, 2018 at 50 NJR 261, the Department of Health published notice of its postponement of its Certificate of Need call for maternal and child health services.

 

 

December 18, 2017 Regulatory Developments

January 10, 2018 | 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 18, 2017:

  • On December 18, 2017 at 49 NJR 3821, the Department of Community Affairs published notice of its adoption of new rules governing standards for licensure of residential health care facilities which are not located with, and operated by, licensed health care facilities.
  • On December 18, 2017 at 49 NJR 3981, the Department of Health published notice of its adoption of new rules governing licensing standards for dementia care homes.
  • On December 18, 2017 at 49 NJR 4008, the Department of Human Services published notice of readoption of the rules governing prosthetic and orthotic services under Medicaid.
  • On December 18, 2017 at 49 NJR 4008, the Department of Human Services published notice of readoption of its rules governing advanced practice nurse services under Medicaid.
  • On December 18, 2017 at 49 NJR 4008, the Department of Human Services published notice of its readoption of its rules governing the Medicaid accountable care organization demonstration project.
  • On December 18, 2017 at 49 NJR 4013, the State Board of Medical Examiners published notice of its adoption of amendments to its rules regarding compassionate use medical marijuana.       The amendments revise the definition of “debilitating medical condition” to include post-traumatic stress disorder.
  • On December 18, 2017 at 49 NJR 4013, the Orthotics and Prosthetics Board of Examiners published notice of its adoption of amendments to its rules regarding supervision of assistants, students or holders of a temporary license.
  • On December 18, 2017 at 49 NJR 4014, the Division of Consumer Affairs published notice of its readoption of amendments to its rules governing the Health Care Professional Reporting Responsibility and Reporting Enhancement Act.
  • On December 18, 2017 at 49 NJR 4014, the Division of Consumer Affairs published notice of its readoption of its rules regarding the disposition of consumer complaints.
  • On December 18, 2017 at 49 NJR 4014, the Division of Consumer Affairs published notice of its readoption of its rules governing charitable fundraising.

 

 

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December 4, 2017 Regulatory Developments

December 5, 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 4, 2017:

  • On December 4, 2017 at 49 NJR 3728, the Department of Health published notice of its readoption with amendments to its rules governing its management and governing body standards with the amendments incorporate the transfer of mental health and addiction functions from the Department of Human Services to the Department of Health.
  • On December 4, 2017 at 49 NJR 3754, the Department of Banking and Insurance published notice of its adoption of amendments to its rules governing minimum reserve standards for individual and group health insurance contracts.
  • On December 4, 2017 at 49 NJR 3755, the Department of Banking and Insurance published notice of its adoption of amendments to its rules governing eligibility for individual health insurance coverage.
  • On December 4, 2017 at 49 NJR 3757, the Department of Banking and Insurance published notice of its adoption of amendments to its rules governing eligibility for coverage under the small employer health benefits program.
  • On December 4, 2017 at 49 NJR 3761, the Board of Pharmacy published notice of its readoption with amendments to its rules and the adoption of new rules governing the practice of pharmacy.
  • On December 4, 2017 at 49 NJR 3779, the State Board of Psychological Examiners published notice of its adoption of amendments to its rules which will allow licensure without a psychologist having to take an examination under certain circumstances.

 

 

November 6, 2017 Regulatory Developments

November 29, 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 November 6, 2017:

  • On November 6, 2017 at 49 NJR 3481, the State Board of Medical Examiners published notice of its proposal of amendments to its rules regarding the delegation of the administration of subcutaneous and intramuscular injections and performance of venipuncture to certified medical assistants. The proposal would amend existing regulations regarding education for certified medical assistants to reduce required clock hours from 600 to 330.  The proposed amendments would also amend the definition of the term “certified medical assistant” to recognize new entities that train certified medical assistants and would permit certified medical assistants to perform venipuncture as long as they have completed the requisite education and training.
  • On November 6, 2017 at 49 NJR 3545, the State Board of Dentistry published notice of its readoption of its rules governing the practice of dentistry.
  • On November 6, 2017 at 49 NJR 3549, the State Board of Dentistry published notice of its denial of a petition for rulemaking filed by the American Board of Dental Specialties. The petition had sought to have the Board of Dentistry formally recognize the ABDS-recognized certifying boards/areas of practice for specialist designation.  In denying the petition, the Board indicated that while it agrees that its existing specialty advertising rules should be amended, it needed more time to consider comments to a preproposal that it had published concerning specialty advertising.

 

 

 

 

NJ Department of Health Awards Psychiatric Beds

November 22, 2017 | No Comments
Posted by Anjali Baxi

After months of being focused on the certificate of need call for inpatient adult psychiatric beds, the Department of Health (DOH) has announced the list of approved applicants.  As part of his commitment to provide more behavioral health services, Governor Christie sought to expand New Jersey’s adult acute care psychiatric bed capacity by over 800 beds, a 40% increase in the total adult acute care beds available in New Jersey.  This is the largest expansion in 20 years. The DOH expects to issue another CN call for 53 psych beds in Hunterdon, Warren and Morris Counties. Read more

October 16, 2017 Regulatory Developments

October 20, 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 October 16, 2017:

  • On October 16, 2017 at 49 N.J.R. 3419, the Department of Labor and Workforce Development published notice of its proposal of a new rule governing electronic claims submissions. The new rule will require all worker’s compensation claims for reimbursement by health care providers to be submitted electronically.
  • On October 16, 2017 at 49 N.J.R. 3435, the Department of Human Services published notice of its adoption of a new rule governing the implementation of a new medical necessity review tool for substance abuse disorders.

October 2, 2017 Regulatory Developments

October 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 October 2, 2017:

  • On October 2, 2017 at 49 N.J.R. 3294, the Department of Human Services published notice of its proposed readoption with amendments to the rules governing hospital services under Medicaid.
  • On October 2, 2017 at 49 N.J.R. 3324, the Department of Banking and Insurance published notice of its proposal of amendments to its rules governing triggering events for individuals to participate in small employer health benefit plans.
  • On October 2, 2017 at 49 N.J.R. 3329, the Alcohol and Drug Counselor Committee of the Board of Marriage and Family Therapy Examiners published notice of its proposed amendments to its rules governing continuing education. The proposed amendments would require licensees and certificate holders to complete at least three required contact hours of a committee approved continuing education course in legal standards relating to the practice of alcohol and drug counseling in New Jersey.
  • On October 2, 2017 at 49 N.J.R. 3330, the Board of Medical Examiners has proposed new rules concerning limitations on, and obligations associated with, the acceptance of compensation from pharmaceutical manufacturers by prescribers. Among other things, the proposed new rules would establish a $10,000 cap on the dollar amount that a prescriber can accept from pharmaceutical and device manufacturers in a calendar year for bona fide services; would cap the value of meals which can be provided to prescribers at $15.00 per meal; and would preclude prescribers from accepting anything of value (including pens, mugs or other items with a company logo).
  • On October 2, 2017 at 49 N.J.R. 3359, the Department of Health published notice of its readoption of the regulations governing the birth defects registry.
  • On October 2, 2017 at 49 N.J.R. 3360, the Board of Medical Examiners published notice of its adoption of amendments to its rules regarding the standards for the declaration of brain death and the pronouncement of death.
  • On October 2, 2017 at 49 N.J.R. 3367, the Department of Health published notice of a certificate of need call for new pediatric intensive care beds in Morris, Essex, Middlesex, Monmouth and Passaic Counties.
  • On October 2, 2017 at 49 N.J.R. 3367, the Department of Health published notice of its cancellation of the certificate of need call for burn center programs or units.

 

 

September 18, 2017 Regulatory Developments

September 25, 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 September 18, 2017:

  • On September 18, 2017 at 49 NJR 3093, the Department of Banking and Insurance published notice of its proposed amendments to the regulations governing the Individual Health Coverage Program. The proposed regulations will amend certain definitions and will amend coverage to allow for telemedicine visits.
  • On September 18, 2017 at 49 NJR 3096, the State Board of Nursing published proposed amendments to its rules regarding continuing education, as well as the fee schedule for certified sexual assault forensic nurses.
  • On September 18, 2017 at 49 NJR 3097, the Audiology and Speech-Language Pathology Advisory Committee published notice of its proposed amendments to its rules regarding licensure. The proposed rules would modify the requirements for clinical internships.
  • On September 18, 2017 at 49 NJR 3166, the Department of Health published notice of its adoption of amendments to its rules, as well as the adoption of new rules, governing human trafficking handling and response training. The new rules will require healthcare facilities to provide training regarding human trafficking handling and response for all workers who have direct contact and/or interaction with facility patients and/or visitors.
  • On September 18, 2017 at 49 NJR 3168, the Department of Health published notice of its adoption of amendments to its rules regarding childhood elevated blood levels.
  • On September 18, 2017 at 49 NJR 3219, the Department of Health published notice of its adoption of amendments to its rules regarding screening of children for elevated lead blood levels.
  • On September 18, 2017 at 49 NJR 3226, the Department of Human Services published notice of its re-adoption with amendments to its rules governing the Hearing Aid Assistance to the Aged and Disabled Program.
  • On September 18, 2017 at 49 NJR 3232, the Department of Banking and Insurance published notice of its re-adoption of the rules governing medical malpractice liability insurance.

 

 

 

September 5, 2017 Regulatory Developments

September 14, 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 September 5, 2017:

  • On September 5, 2017 at 49 N.J.R. 2876, the Department of Banking & Insurance published notice of its proposal of amendments to its rules to clarify impermissible practices relating to health benefits plan claim processing.  The proposed amendments also set forth requirements for the timing of authorization of services and payment of claims after an independent utilization review organization determination adverse to the carrier or health maintenance organization.  The proposed amendments would require payment of the claim no later than 10 business days from receipt of the IURO determination.
  • On September 5, 2017 at 49 N.J.R. 2877, the Department of Banking & Insurance published notice of its proposal of amendments to its rules governing the prompt payment of health benefit claims.  The proposed amendments would set forth minimum requirements for explanation of benefits forms.
  • On September 5, 2017 at 49 N.J.R. 2880, the Department of Banking & Insurance published notice of its proposal of amendments to its rules regarding out of network benefits.  The Department is proposing amendments to its rules to reinforce the existing rights of a covered person to request the opportunity to receive services from an out of network provider, and pay only network level cost sharing, where the network associated with the covered person’s health plan does not have a qualified, accessible and available provider to perform the needed service.
  • On September 5, 2017 at 49 N.J.R. 2895, the State Board of Medical Examiners published notice of its proposal of amendments to its rules governing prescriptions.  Current rules prohibit physicians from dispensing more than a 7 day supply of drugs or medications.  The proposed amendments will implement a statutory change which added an exemption from the 7 day limitation for dispensing a food concentrate, food extract, vitamin, mineral, herb, enzyme, amino acid, tissue or cell solid, glandular extract from a nutraceutical, botanical, homeopathic remedy, or other nutritional supplement.
  • On September 5, 2017 at 49 N.J.R. 2895, the State Board of Nursing published notice of its proposal of amendments to its rules regarding completion of continuing education courses and continuing education requirements for advanced practice nurses.

 

August 21, 2017 Regulatory Developments

August 21, 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 August 21, 2017:

  • On August 21, 2017 at 49 N.J.R. 2599, the Department of Children and Families and the Department of Health published notice of their proposal of amendments to their rules regarding substance affected infants.  The Department of Children and Families is proposing a new rule which will specify the content and process by which hospitals and birthing centers must make reports to the Division of Child Protection Permanency in connection with the birth of infants whose mother had a positive toxicology screen for a controlled substance or metabolite during pregnancy or at the time of delivery; who have a positive toxicology screen for a controlled substance after birth that is reasonably attributable to maternal substance use during pregnancy; who displayed effects of prenatal controlled substance exposure or symptoms of withdrawal relating from prenatal controlled substance exposure; or who display the effects of fetal alcohol spectrum disorder.  The Department of Health is proposing supportive amendments which will require that hospitals and birth centers implement policies requiring reports of substance abuse affected infants be made in accordance with the regulations of the Department of Children and Families.
  • On August 21, 2017 at 49 N.J.R. 2675, the Department of Human Services published notice of its proposed amendments to its rules regarding screening and screening outreach programs.  The proposed amendments reflect the inclusion of commitment to outpatient treatment in the commitment law, and delineate the standards and procedures for determining whether a consumer in need of involuntary commitment should be assigned to outpatient or inpatient treatment.
  • On August 21, 2017 at 49 N.J.R. 2698, the Department of Human Services published notice of its proposal of amendments to its rules and the proposal of new rules governing home and community-based services under Medicaid.
  • On August 21, 2017 at 49 N.J.R. 2726, the Department of Banking and Insurance published notice of its proposal of new rules which will set forth various requirements for contracts between pharmacy benefits managers and contracted pharmacies.
  • On August 21, 2017 at 49 N.J.R. 2729, the Department of Banking and Insurance published notice of its proposal of amendments to its rule and the proposal of new rules regarding claims processing.  Among other things, the proposed amendments would add a new provision which would prohibit carriers from denying or delaying payment of a claim while seeking coordination of benefits information, except for good cause.
  • On August 21, 2017 at 49 N.J.R. 2738, the Physician Assistant Advisory Committee of the State Board of Medical Examiners published notice of proposal of amendments to its rules and the proposal of new rules.  The proposed new rules will implement statutory amendments approved in 2015 which expanded physician-delegated scope of practice for physician assistants.  Among other things, the amendments would implement statutory revisions to the scope of practice for physician assistants, implement the requirement that all physician assistants maintain professional liability insurance or a letter of credit, and require physician assistants to have a separate written agreement with each physician who delegates medical services to the physician assistant.
  • On August 21, 2017 at 49 N.J.R. 2746, the State Board of Medical Examiners and the Board of Pharmacy jointly published notice of proposed amendments to their rules and the proposal of a new rule governing procedures for physician-ordered immunizations performed by a licensed pharmacist, as well as the requirements for pharmacists to administer flu vaccines to patients under 18 years of age.
  • On August 21, 2017 at 49 N.J.R. 2750, the State Board of Social Work Examiners published notice of its proposed amendments to its rule and the proposal of new rules governing practice as an LCSW, practice as an LSW and practice as a CSW.  In addition to setting forth scope of practice requirements, the proposal also includes expanded requirements regarding financial arrangements with clients, as well as other provisions concerning sexual misconduct; harassment; discrimination; reporting of violations by other licensees; advertising; the use of professional credentials and certifications; confidentiality; and clinical supervision requirements.
  • On August 21, 2017 at 49 N.J.R 2759, the Division of Consumer Affairs published notice of its amendments to its rules, as well as the amendments of new rules, to provide a definition for the term “companion services” and amend the definition of “health care service firm” to clarify that companion services are only to be offered by registered health care service firms.  The proposal also sets forth accreditation requirements for health care service firms.
  • On August 21, 2017 at 49 N.J.R. 2796, the Department of Health published notice of its readoption of rules governing the standards for attendance and participation at school by persons with HIV infection; standards for the AIDS drug distribution program; standards for HIV/AIDS counseling and testing of pregnant women; and standards for disclosure of children with HIV/AIDS status.
  • On August 21, 2017 at 49 N.J.R. 2800, the Department of Corrections published notice of its readoption with amendments to its rules governing health care services provided in correctional institutions.
  • On August 21, 2017 at 49 N.J.R. 2804, the Department of Banking and Insurance published notice of its adoption of an amendment to its rules regarding life/health/annuity forms.  The amendment incorporates a new definition of stop loss or excess risk insurance.
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