March 8, 2022 | Comments Off on February 2022 State Regulatory Developments
Posted by Anjali Baxi
Below are the most recent health care related regulatory developments as published in the New Jersey Register in February 2022:
- On February 7, 2022, at 54 N.J.R. 199(b), the Office of the Governor restated Executive Order No. 277, regarding New Jersey’s Health Care Cost Benchmark Program. For 2023 the healthcare cost growth benchmark is 3.5%, for 2024 3.2%, for 2025 3%, for 2026 2.8%, for 2027 2.8%. See Exec. Order No. 277.
- On February 7, 2022, at 54 N.J.R. 203(a), the Office of the Governor issued Executive Order 280 declaring that a Public Health Emergency, established in Exec Order No. 103, continues to exist in NJ. See Exec. Order No. 280.
- On February 7, 2022, at 54 N.J.R. 205(a), the Office of the Governor issued Executive Order 281 continuing Exec. Orders Nos. 111, 112, and 207. This order also allows Exec. Orders No. 251, 252, 253, 264, and 271 to remain in effect. Additionally, this order extends several regulatory actions taken by the Departments in response to COVID-19, including various waivers. See Exec. Order No. 281.
- On February 7, 2022, at 54 N.J.R. 220(a), the Office of the Governor issued Executive Order 282 terminating the State of Emergency declared in Exec. Order Nos. 278 and 279. See Exec. Order No. 282.
- On February 7, 2022, at 54 N.J.R. 248(a), the Department of Health, Division of Certificate of Need and Licensing, Office of Healthcare Financing proposed the readoption and amendments establishing standards to assess and collect fees applicable to certain categories of licensed ambulatory care facilities based on those facilities’ annual gross receipts. See proposed N.J.A.C. 8:31A.
- On February 7, 2022, at 54 N.J.R. 284(a), the Department of Health, Certificate of Need and Licensing Division, published a notice of action on petition of rulemaking for approval of a nurse aide in long-term care facilities training program and eligibility criteria for instructor/evaluators in training programs for long term care facility nurse aides. See N.J.A.C. 8:39-43.10
- On February 7, 2022, at 54 N.J.R. 285(a), the Department of Law and Public Safety, Division of Consumer Affairs, published a notice of action on petition for rulemaking regarding the Board of Marriage and Family Therapy Examiners, Professional Counselor Examiners Committee. This notice is for a petition received to amend N.J.A.C. 13:34-13.1(d), to permit the Committee to count clinical hours obtained before the submission of the proposed plan of supervision toward the number of supervised hours required to become a licensed counselor. See N.J.A.C. 13:34-13.1.
- On February 7, 2022, at 54 N.J.R 285(b), the Department of Law and Public Safety, Division of Consumer Affairs published a notice of action on petition for rulemaking for the Board of Marriage and Family Therapy Examiners, Professional Counselor Examiners Committee regarding N.J.A.C. 13:34-11.6(a) be amended to permit an applicant to submit proof of passing the required exam within one year of the date of application.
- On February 22, 2022, at 54 N.J.R. 295(a), the Office of the Governor released Executive Order 283 requiring healthcare settings maintain policy that requires employees provide adequate proof of their COVID-19 vaccine, all covered employees must provide proof of a booster shot by February 28, 2022, healthcare settings must require employees undergoing testing continue to test once or twice weekly until they submit proof of full vaccination, and policies adopted pursuant to this order must include a disciplinary process for employees who do not comply. See Exec. Order No. 283.
- On February 22, 2022, various notices were released pertaining to the COVID-19 State of Emergency and P.L. 2021, c.103.
- At 54 N.J.R. 301(a), the Department of Health released a notice that there is continued relaxation of rules pertaining to the standards for licensure of residential substance use disorder treatment facilities. This notice adds definitions for the term’s “telehealth” and “telemedicine.” This notice allows for counseling services to be administered via telehealth and telemedicine services. See N.J.A.C. 10:161A-1.3 and 10.1.
- At 54 N.J.R. 301(b), the Department of Health released a notice that there is continued relaxation of rules pertaining to the standards for licensure or outpatient substance use disorder treatment facilities. This notice adds definitions for the term’s “telehealth” and “telemedicine.” Additionally, this notice allows for certain physical examinations to take place via telehealth or telemedicine. It also adds rules regarding drug screening. See N.J.A.C. 10:161B-1.3, 6.3, 9.1, 10.1, 11.6, 11.9, 11.12, 11.13, 12.4, 15.1, and 10:161B.
- At 54 N.J.R. 305(a), the Department of Human Services released a notice that there is a continued relaxation of the rules pertaining to the Community Mental Health Services Act. This notice adds definitions for “face to face,” “telehealth,” and “telemedicine.” See N.J.A.C. 10:37-5.1.
- At 54 N.J.R. 306(a), the Department of Human services released a notice that is a modification of the rules pertaining to licensed community residences for adults with mental illness. This notice adds the definitions “face to face,” “signature,” “telehealth,” and “telemedicine.” This notice also states that all staff hired during the pandemic shall complete required training within a reasonable period of time. See N.J.A.C. 10:37A-1.2, 4.1, and 7.3.
- At 54 N.J.R. 307(a), the Department of Human Services released a notice of continued relaxation of the rules pertaining to community support services for adults with serious mental illness. The notice adds the definitions “face to face,” “telehealth,” and “telemedicine.” See N.J.A.C. 10:37B-1.2 and 5.2.
- At 54 N.J.R. 307(b), the Department of Human Services released a notice of modification of the rules pertaining to outpatient service standards. This notice defines “face to face,” “signature,” “signed,” “telehealth,” and “telemedicine.” It amends the definition “medication monitoring.” This notice also adds that service plans can be developed by an advanced practice nurse. See N.J.A.C. 10:37E-1.2 and 2.4.
- At 54 N.J.R. 308(a), the Department of Human Services released a notice of the continued relaxation of rules pertaining to partial care service standards. This notice defines “face to face,” “signature,” signed,” “telehealth,” and “telemedicine.” See N.J.A.C. 10:37F-1.3.
- At 54 N.J.R. 309(a), the Department of Human Services released a notice of continued relaxation of the rules pertaining to programs of assertive community treatment. This notice defines “face to face,” “telehealth,” and “telemedicine.” N.J.A.C. 10:37J-1.2, 2.5, and 2.8.
- On February 22, 2022, at 54 N.J.R. 333(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners proposed amendment regarding limitations on prescribing, administering, or dispensing of controlled dangerous substances, and special requirements for management of acute and chronic pain. Practitioners must identify in advance psychological co-morbidities that affect decisions of continued opioid therapy use. This revision also consists of establishing conditions for co-prescribing an opioid antidote. See proposed N.J.A.C. 13:35-7.6.
- On February 22, 2022, at 54 N.J.R. 336(a), the Department of Law and Public Safety, Division of Consumer Affairs, New Jersey Board of Nursing proposed new rules to prohibit nurses and certified homemaker-home health aides from having power of attorney over patients and from accepting loans from patients. Additionally, if the nurse or aide receive a gift of more than $50 from the patient, they must document it. See proposed N.J.A.C. 13:37-5.4 and 14.18.
- On February 22, 2022, the Department of Health, Certificate of Need and Healthcare Facility Licensure Program readopted with technical changes to the Act concerning transplantation services. See readopted N.J.A.C. 8:33Q.
- On February 22, 2022, the Department of Law and Public Safety, State Board of Marriage and Family Therapy Examiners, Alcohol and Drug Counselor Committee adopted new rules regarding telemedicine and telehealth. This new rule authorizes healthcare providers, who are alcohol and drug counselors, to engage in telemedicine and telehealth. This rule sets forth various other rules alcohol and drug counselors must follow regarding telehealth. See adopted N.J.A.C. 13:34C-7.
Special thanks to Jessica Warwick, Law Student Intern
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