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Sustainable Growth Rate – Here We Go Again!

As pointed out in our prior blogs, it appeared that there was not sufficient time to permanently resolve the Sustainable Growth Rate (“SGR”) issue.  To the consternation of the AMA, it now appears that both Houses will defer resolution.  However, it appears that the House version will not be a clean bill but will also […]

March 17, 2014 Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register on March 17, 2014: On March 17, 2014 at 46 N.J.R. 541, the Department of Health published notice of its readoption of its rules governing the standards for licensure of adult day health services facilities. On March 17, […]

Legislature Expands Codey Law Exception for Lithotripsy Referrals

The New Jersey Legislature recently amended N.J.S.A. 45:9-22.5 (known as the “Codey Law”) to expand the scope of facilities where lithotripsy referrals may be made.  The Codey Law generally prohibits physicians from referring patients to health care services with which the physician or his or her immediate family has a financial interest, but provides for […]

COURT RULES THAT VOLUNTEER RESCUE SQUAD IS NOT SUBJECT TO OPRA

GH&C Attorney Ari G. Burd prevailed on behalf of the Tabernacle Rescue Squad in the first ever Superior Court decision to consider the applicability of the Open Public Records Act (“OPRA”) to volunteer rescue squads.   In the matter Fran Brooks v. Tabernacle Rescue Squad, Docket No. L-002629-13, the Superior Court held that OPRA is not […]

Sustainable Growth Rate Update

The AMA forwarded the attached letter (http://www.ama-assn.org/resources/doc/washington/medicare-sgr-letter-to-senate-leadership-18march2014.pdf) in regard to the sustainable growth rate to both the House and the Senate.  It now appears that the best that will happen before March 31st is a temporary fix extending the delay while members of Congress work out a resolution.  While there appears to be an agreement […]

March 3, 2014 Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register on March 3, 2014: On March 3, 2014 at 46 N.J.R. 419, the Department of Human Services published notice of its proposal of amendments to its rules governing rates of payment for outpatient hospital psychiatric services under Medicaid. […]

Follow Up on Sustainable Growth Rate

The House by a vote of 237 to 182 today passed legislation permanently repealing and replacing the Sustainable Growth Rate requirement.  The Bill now goes to the Senate.  However, while both parties have agreed that a repeal is essential and to some extent have agreed on the replacement, the funding mechanism set forth in the […]

February 18, 2014 Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register on February 18, 2014: On February 18, 2014 at 46 N.J.R. 327, the Department of Health published notice of its proposal of new rules governing the payment of prevailing wages in projects financed by the New Jersey Health […]

OIG Publishes Op-Ed Suggesting Mandatory Random Drug Testing For Health Care Professionals

In an Op Ed article published in yesterday’s New York Times (http://www.nytimes.com/2014/03/13/opinion/why-arent-doctors-drug-tested.html?action=click&module=Search&region=searchResults%230&version=&url=http%3A%2F%2Fquery.nytimes.com%2Fsearch%2Fsitesearch%2F%3Faction%3Dclick%26region%3DMasthead%26pgtype%3DHomepage%26module%3DSearchSubmit%26contentCollection%3DHomepage%26t%3Dqry780%23%2FLevinson%2F24hours%2F&_r=1), HHS OIG Daniel Levinson has called for mandatory random drug testing by hospitals for all health care workers with access to drugs.  Citing recent cases involving drug diversions by health care workers that led to patient harm, the OIG indicated that since transportation […]

Advanced Practice Nurses

The Federal Trade Commission this month (March 2014) issued its policy analysis in regard to the regulation of Advanced Practice Nurses and competition issues which may arise through the regulation of their practice.  This report can be accessed at http://www.ftc.gov/system/files/documents/reports/policy-perspectives-competition-regulation-advanced-practice-nurses/140307aprnpolicypaper.pdf.  The report’s table of contents clearly sets forth where the FTC is going.  That table […]

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