New Jersey Healthcare Blog

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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 […]

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 […]


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 ( 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 […]

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 […]

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 (, 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  The report’s table of contents clearly sets forth where the FTC is going.  That table […]

Continuing Saga of the Sustainable Growth Rate

The latest version of legislation to solve the Sustainable Growth Rate (“SGR”) has now been introduced in the House.  That version couples the resolution of the SGR problem with delaying the individual mandate under the Affordable Care Act.  While it is predicted that this legislation will pass the House, it is highly doubtful that this […]

Still No Sustainable Growth Rate Resolution

While there are proposals that Congressional leaders seem to be willing to adopt in regard to the Sustainable Growth Rate (“SGR”), they have not yet done so.  The relief that has been provided from the 24% cut in payments to physicians expires on March 31, 2014, unless something is done, including extending the deadline. As […]


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