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August 7, 2017 Regulatory Developments

August 9, 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 7, 2017:

  • On August 7, 2017 at 49 N.J.R. 2303, the Office of the Governor published notice of its reorganization plan for mental health and addiction functions.  The plan provides for the transfer of mental health and addiction functions from the Department of Human Services to the Department of Health.
  • On August 7, 2017 at 49 N.J.R. 2553, the Department of Health published notice of its invitation for Certificate of Need applications for designation as a Level II trauma center in Union County.

July 2017 Regulatory Developments

August 1, 2017 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register in July 2017:

  • On July 3, 2017 at 49 N.J.R. 1782, the Department of Health published notice of its proposed readoption with amendments to its rules, and the proposal of new rules, governing licensing standards for dementia care homes.
  • On July 3, 2017 at 49 N.J.R. 1821, the State Board of Dentistry published notice of its proposal of amendments to its rules regarding the scope of practice for dental hygienists, registered dental assistants, limited registered dental assistants in orthodontics and unregistered dental assistants.  The proposed amendments incorporate new requirements for individuals seeking to obtain registration as registered limited dental assistants in orthodontics.
  • On July 3, 2017 at 49 N.J.R. 1828, the State Board of Psychological Examiners published notice of its proposed amendments to its rules governing licensure without examination for psychologists holding certain credentials.
  • On July 3, 2017 at 49 N.J.R. 1911, the Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians published notice of its adoption of amendments to its rules governing the scope of practice for ophthalmic dispensers.
  • On July 3, 2017 at 49 N.J.R. 1912, the Audiology and Speech-Language Pathology Advisory Committee published notice of its adoption of amendments to its rules governing the allocation of credits for continuing education credit hours.
  • On July 17, 2017 at 49 N.J.R. 1965, the Department of Community Affairs published notice of its proposed readoption with amendments to its rules and the proposal of new rules governing standards for licensure of residential health care facilities which are not located with, or operated by, licensed health care facilities.
  • On July 17, 2017 at 49 N.J.R. 1957, the Department of Human Services published notice of its readoption with amendments to its rules governing vision care services under Medicaid.

 

June 19, 2017 Regulatory Developments

July 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 June 19, 2017:

  • On June 19, 2017 at 49 N.J.R. 1650, the Department of Health published notice of its proposal of amendments to its rules and the proposal of new rules that define the content and scope of instructions hospitals must offer non-paid caregivers who agree to perform necessary aftercare tasks for hospital patients upon their return to their place of residence post-discharge.
  • On June 19, 2017 at 49 N.J.R. 1653, the Department of Health published notice of its proposal of a new rule governing sepsis protocols in acute care hospitals.
  • On June 19, 2017 at 49 N.J.R. 1657, the Department of Banking & Insurance published notice of its proposed amendments to its rules governing the minimum reserve standards required for individual and group health insurance contracts.
  • On June 19, 2017 at 49 N.J.R. 1660, the State Board of Medical Examiners published notice of its proposal of amendments to its rules governing medical standards for screening in diagnostic medical testing offices.  The proposal would delineate separate standards for direct requests for specific diagnostic tests and those for referrals for evaluation to determine the appropriate diagnostic tests, and to clarify the respective obligations borne by the referring practitioner, the requesting practitioner and the consulting practitioner.  The proposed amendments are intended to provide clarification regarding the standard of care expected for practitioners performing diagnostic tests.
  • On June 19, 2017 at 49 N.J.R. 1666, the Board of Respiratory Care published notice of its proposal of amendments to its rules which would modify the required time period for follow up visits by a respiratory care practitioner in certain instances.  The proposed rules would amend the current regulatory standard requiring an on-site visit by a respiratory care practitioner within 24 hours of the delivery of certain respiratory equipment.  Under the proposed amendment, if the equipment being delivered consists of nebulizer compressors, concentrators and medical gas cylinders, the visit by a respiratory care practitioner may occur within 72 hours of delivery, except for deliveries that could be used in conjunction with maintenance of an artificial airway.
  • On June 19, 2017 at 49 N.J.R. 1667, the Orthotics and Prosthetics Board of Examiners published notice of its proposal of amendments to its rule regarding supervision of an orthotics assistant, prosthetist assistant, prosthetist-orthotic assistant, student or holder of a temporary license.
  • On June 19, 2017 at 49 N.J.R. 1683, the Department of Human Services published notice of its adoption of amendments to its rules regarding the Traumatic Brain Injury Fund.
  • On June 19, 2017 at 49 N.J.R. 1687, the Department of Human Services published notice of its readoption of its rules regarding licensed community residences for adults with mental illnesses.

 

June 5, 2017 Regulatory Developments

June 9, 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 June 5, 2017:

  • On June 5, 2017 at 49 N.J.R. 1276, the Department of Community Affairs published notice of its proposed amendments to its rules.  The amendments would establish a new category of facilities to be designated as cooperative sober living residences under the licensure rules for rooming and boarding houses.
  • On June 5, 2017 at 49 N.J.R. 1293, the Department of Health published proposed amendments to its rules, as well as the proposal of new rules, which would establish financial transparency standards applicable to acute care hospitals.  Among other things, the proposed new rules would require public disclosure of hospitals’ financial statements and would require hospitals to identify the health benefit plans in which they participate.
  • On June 5, 2017 at 49 N.J.R. 1299, the Department of Human Services published notice of its proposed readoption with amendments to its rules governing the management and governing body requirements applicable to mental health provider agencies that contract or affiliate with the Division of Mental Health and Addiction Services.
  • On June 5, 2017 at 49 N.J.R. 1302, the Department of Human Services published notice of its proposal of new rules governing medical necessity review tools for substance abuse disorders.  The purpose of the new rules is to identify a peer review and evidence based clinical tool to be utilized by health care insurers and programs to review medical necessity for the treatment of substance abuse disorders.
  • On June 5, 2017 at 49 N.J.R. 1312, the Department of Human Services published notice of its proposed readoption with amendments to its rules governing the Hearing Aid Assistance to the Aged and Disabled Program.
  • On June 5, 2017 at 49 N.J.R. 1315, the Department of Banking & Insurance published notice of its proposal of amendments to its rules governing expense limitations for dental plan organizations.
  • On June 5, 2017 at 49 N.J.R. 1316, the State Board of Pharmacy published notice of its proposed readoption with amendments to its rules and the proposal of new rules governing the practice of pharmacy.
  • On June 5, 2017 at 49 N.J.R. 1405, the Department of Human Services published notice of its readoption with amendments to its rules governing independent clinic services under Medicaid.
  • On June 5, 2017 at 49 N.J.R. 1419, the Department of Human Services published notice of its readoption with amendments to its rules governing the statewide respite care program.
  • On June 5, 2017 at 49 N.J.R. 1421, the Department of Banking & Insurance published notice of its adoption of amendments to its rules governing individual health benefit plans.
  • On June 5, 2017 at 49 N.J.R. 1422, the Department of Banking & Insurance published notice of its adoption of amendments to its rules governing the small employer health benefit plans program.
  • On June 5, 2017 at 49 N.J.R. 1430 through 49 N.J.R. 1440, several of the professional licensure boards published concurrent amendments to their prescribing rules governing limitations on prescribing, administering, or dispensing of controlled dangerous substances, as well as special requirements for management of acute and chronic pain.  The amendments were adopted by the State Board of Dentistry; the State Board of Medical Examiners; the State Board of Nursing; and the State Board of Optometrists.
  • On June 5, 2017 at 49 N.J.R. 1442, the Division of Consumer Affairs published notice of its adoption of amendments to its rules regarding controlled dangerous substances which would place Fentanyl products in Schedule I under the New Jersey Controlled Dangerous Substances Act.

 

 

 

May 15, 2017 Regulatory Developments

June 6, 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 May 15, 2017:

  • On May 15, 2017 the Department of Health published notice of its adoption of new rules implementing the Health Care Professional Responsibility and Reporting Enhancement Act.
  • On May 15, 2017 at 49 N.J.R. 1222, the Department of Health published notice of its readoption of its rules governing Certificates of Need for long-term care services.
  • On May 15, 2017 at 49 N.J.R. 1223, the Department of Health published notice of its readoption of its regulations governing hospice licensure standards.
  • On May 15, 2017 at 49 N.J.R. 1227, the Department of Human Services published notice of its readoption with amendments to its rules and the adoption of new rules governing pediatric medical daycare services.
  • On May 15, 2017 at 49 N.J.R. 1250, the State Board of Nursing published notice of its adoption of amendments to its rules governing labeling of medications dispensed as pharmaceutical samples by advanced practice nurses.
  • On May 15, 2017 at 49 N.J.R. 1261, the State Board of Dentistry published a notice indicating that it was referring a petition for rulemaking to its rules and regulations committee for further deliberation.  The petition for rulemaking was filed on behalf of the American Board of Dental Specialties, and seeks to have the Board formally recognize the ABDS-recognized certifying boards/area practice in specialties and to allow dentists to advertise a specialist if they have received certification for an ABDS-recognized certifying board.

 

Supreme Court Holds That Pension Plans Maintained By Religiously-Affiliated Health Systems Are Not Subject To ERISA

June 5, 2017 | No Comments
Posted by Beth Christian

On June 5, 2017, the U.S. Supreme Court issued a decision holding that pension plans operated by church-affiliated hospitals qualify as “church plans” under the law.  The lawsuit was initiated by Advocate Health Care Network and two other religiously- affiliated health care systems (including Saint Peter’s Health Care System in New Jersey), which argued that their pension plans were not subject to ERISA under a specific ERISA exemption applicable to plans which qualify as church plans.  In a unanimous decision, the  Supreme Court held that  pension plans maintained by the health care systems qualified as church plans because the plans were maintained by organizations  “controlled by or associated with a church” under ERISA.  As a result, such plans will no longer be required to maintain compliance with ERISA requirements.

May 1, 2017 Regulatory Developments

May 4, 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 May 1, 2017:

  • On May 1, 2017 at 49 N.J.R. 980, the Department of Health proposed new rules to implement the Autumn Joy Still Birth Research and Dignity Act.  The Act requires that the Department establish protocols that are to be followed by health care facilities providing obstetrics and newborn services that would ensure the dignified and sensitive treatment of the patient and family experiencing a stillbirth.
  • On May 1, 2017 at 49 N.J.R. 984, the Department of Corrections published notice of its proposed readoption with amendments to its rules governing health care services in correctional facilities.
  • On May 1, 2017 at 49 N.J.R. 989, the Department of Banking and Insurance published notice of its proposed amendments to its rules governing individual health benefit plans.  The proposed amendments add additional language regarding coverage of substance abuse disorders.
  • On May 1, 2017 at 49 N.J.R. 991, the Department of Banking and Insurance published notice of its proposed amendments to its rules governing small employer health benefit programs.  The proposed amendments add additional language regarding coverage of substance abuse disorders.
  • On May 1, 2017 at 49 N.J.R. 993, the State Board of Nursing published notice of its proposed amendments to its rules regarding applications for certification as a homemaker home health aide.  The proposed amendments would set forth procedures for reviewing whether or not an individual who has been convicted of a crime or disorderly persons offense should be granted a CHHA certificate based upon their submission of documentation indicating that the criminal history background check is inaccurate or that the applicant has clearly and convincingly demonstrated rehabilitation.
  • On May 1, 2017 at 49 N.J.R. 1094, the State Board of Medical Examiners published notice of its adoption of amendments to its rules regarding continuing education requirements for athletic trainers.
  • On May 1, 2017 at 49 N.J.R. 1096, the State Board of Nursing published notice of its adoption of amendments to its rules regarding applications for certification as an advanced practice nurse.
  • On May 1, 2017 at 49 N.J.R. 1107, the Department of Banking & Insurance published notice of an increase in the medical component of the Consumer Price Index which will impact the minimum net worth requirements for health maintenance organizations.

April 17, 2017 Regulatory Developments

May 2, 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 April 17, 2017:

  • On April 17, 2017 at 49 N.J.R. 764, the Department of Health published notice of its readoption of its rules regarding criminal background investigations of nurse aides, personal care assistants and assisted living administrators.
  • On April 17, 2017 at 49 N.J.R. 769, the State Board of Polysomnography published notice of its readoption of its scope of practice rules.
  • On April 17, 2017 at 49 N.J.R. 806, the State Board of Dentistry published notice of its receipt of a petition for rulemaking.  The petition requests that the Board amend its existing regulations to formally recognize the American Board of Dental Specialties certifying boards/areas of practice as specialties, and also allow for the addition of any future ABS-recognized specialties.  This would allow diplomates of ABDS-recognized certifying boards to advertise as specialists.

April 3, 2017 Regulatory Developments

April 10, 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 April 3, 2017:

  • On April 3, 2017 at 49 N.J.R. 631, the State Board of Dentistry published notice of its pre-proposal of amendments to its rules.  The Board is soliciting input from the regulated community and the general public regarding the level of education, training, and examinations needed to qualify to announce a practice in a specialized area of dentistry, as well as the use of the internet, social media, and group buying sites to advertise.
  • On April 3, 2017 at 49 N.J.R. 642, the Department of Health published notice of its adoption of new rules which will have the effect of increasing the fees assessed for testing under the newborn screening program.
  • On April 3, 2017 at 49 N.J.R. 655, the State Board of Marriage and Family Therapy Examiners published notice of its adoption of new rules as well as the repeal of existing rules governing licensure renewal and reactivation; licensure application procedures; temporary permit holders and qualified supervisors; permissible supervisory activities; continuing education; client record and confidentiality requirements; advertising; qualifications for performing certain custody/parenting time evaluations; and licensure requirements for professional counselors; associate counselors; and rehabilitation counselors.
  • On April 3, 2017 at 49 N.J.R. 664, the Alcohol and Drug Counselor Committee published notice of its readoption with amendments to its rules governing practice by alcohol and drug counselors.  The amendments cover changes to the definition of counseling; licensure or certification renewal, reactivation and reinstatement; suspension, revocation or refusal of licensure or certification; application procedures; general obligations; client records and confidentiality; continuing education; and clinical supervision.
  • On April 3, 2017 at 49 N.J.R. 676, the Department of Health published notice of its postponement of a certificate of need call for burn center programs or units.
  • On April 3, 2017 at 49 N.J.R. 676, the Department of Health published notice of its postponement of the certificate of need call for new general hospitals.

 

 

March 20, 2017 Regulatory Developments

March 24, 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 March 20, 2017:

  • On March 20, 2017 at 49 N.J.R. 541, the Department of Health published notice of its adoption of amendments to the Hospital licensure regulations.  The amendments require hospitals to post in a conspicuous place in each of its waiting rooms a notice about the Independent Health Care Appeals Program for members of the general public.
  • On March 20, 2017 at 49 N.J.R. 547, the State Board of Dentistry published notice of its adoption of emergency amendments to its rules, and the concurrent proposal of new rules, regarding the prescribing of opioids.  The amendments impose  certain restrictions on how opioids and other Schedule II controlled dangerous substances may be prescribed, including, in cases of acute pain, prohibiting a practitioner from issuing an initial prescription for an opioid drug in a quantity exceeding a five-day supply, and requiring the prescription to be for the lowest effective dose of an immediate-releasing opioid drug.  The amendments were promulgated in response to the enactment of P.L. 2017, c. 28, which is intended to address to public health emergency arising from the prevalence of opioid prescribing, but which does not become effective until May 17, 2017.  Similar amendments and concurrent proposals of new rules were published by the Board of Medical Examiners (49 N.J.R. 552), the Board of Nursing (49 N.J.R. 558) and the Board of Optometrists (49 N.J.R. 562).

 

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