January 2012 Regulatory Developments
January 25, 2012 | No Comments
Posted by Beth Christian
Here are the most recent healthcare related regulatory developments as published in the New Jersey Register in January 2012:
On January 3, 2012 at 44 N.J.R. 117, the Division of Consumer Affairs issued notice of its adoption of amendments to its rules governing the manner of issuance of prescriptions for Class II controlled dangerous substances. Physicians will be able to issue multiple prescriptions for Schedule II medication for a total of a 90 day supply. The rules will allow the pharmacist to accept up to three separate prescriptions at one time, which are to be held by the pharmacist and filled at 30 day intervals.
On January 17, 2012 at 44 N.J.R. 151, the Department of Health and Senior Services published notice of its adoption of new rules governing registration standards for surgical practices.
On January 17, 2012 at 44 N.J.R. 163, the Department of Health and Senior Services published notice of its adoption of amendments to its rules governing health care facility infection reporting.
Supreme Court Upholds Ruling: PAs Cannot Administer EMGs
January 20, 2012 | No Comments
Posted by Sharlene Hunt
This week the New Jersey Supreme Court issued an opinion in a case of first impression in New Jersey regarding the scope of practice for physician assistants (PAs). In this case, Selective Insurance Co. of America v. Rothman, M.D., the Court held that a PA cannot, under the scope of his/her license, perform electromyography (EMG) tests. The Court held that only a physician licensed to practice medicine and surgery can administer an EMG in New Jersey. Read more
Update Re: State to License One Room ORs
January 18, 2012 | No Comments
Posted by Sharlene Hunt
As we reported the other day, last week the New Jersey legislature adopted a bill that would require licensure by the Department of Health and Senior Services of “surgical practices” or single operating rooms within physician private practices. Yesterday, Governor Christie “pocket vetoed” the bill. The ability to “pocket veto” a bill arises out of special rules that apply to bills passed by the Legislature in the last ten days of the two year Legislative session. Ordinarily, if the governor does not sign a bill or actively veto it, it becomes law. Under normal circumstances, if the governor vetoes a bill, it goes back to the Legislature, which may override the veto if there are sufficient votes. Under the special rules that apply to a bill passed in the last ten days of the two year Legislative session, the bill must be signed by the governor within seven days of the expiration of the Legislative session in order to become law. By not signing a bill passed in the last ten days of the session within the seven day timeframe, the governor in effect “pockets” the bill, resulting in a “pocket veto”. Since a new Legislative session will commence following such a pocket veto, the bill cannot go back to the Legislature for an override vote, but must be re-introduced in the new Legislative session in order to move forward again.
The other bill we previously reported on, the bill that would phase out the cosmetic surgery tax, was signed by Governor Christie, and thus will go into effect.
In related news, in yesterday’s New Jersey Register, the Department of Health and Senior Services published final rules governing the registration of surgical practices. The final rules are substantially unchanged from the earlier proposal, however the Department indicated in its responses to comments that it will issue further regulatory changes in the future in order to clarify a couple of issues raised by the rules as adopted. In the same issue of the Register, the Department published final rules governing the obligation of ambulatory surgery centers to report healthcare associated infections under the same rules that apply to hospitals in the State. These latter rules do not apply to surgical practices.
OIG’s Most Wanted List
January 17, 2012 | No Comments
Posted by Sharlene Hunt
The Office of the Inspector General in the United States Department of Health and Human Services has long maintained a website listing their “most wanted” health care fugitives. The individuals contained on this list are wanted on charges related to health care fraud and abuse, ranging from billing the Medicare program for services that were not provided or were not medically necessary, to paying kickbacks to Medicare beneficiaries to induce them to cooperate in submissions of false claims. The most wanted list is one of the tools the government uses in its health care fraud enforcement efforts.
Today, the OIG’s office announced a new “most wanted” list – this one is for “deadbeat parents,” those parents who do not pay court ordered child support payments and fall under federal jurisdiction. While most child support payment issues are handled by the States, the federal government can get involved if the child lives in a different state from the parent who owes the child support, and the parent has been in arrears for over one year or owes more than $5,000. The federal government can also get involved if the parent flees the state or country in order to avoid child support payments. The number one fugitive on this list owes more than a million dollars in child support payments.
State to License One Room ORs
January 16, 2012 | No Comments
Posted by Sharlene Hunt
Last week the legislature adopted S-2780, which amends the law governing surgical practices and will require them to be licensed by the Department of Health & Senior Services. A surgical practice consists of one operating room with one or more post-anesthesia care units or a dedicated recovery area, established by a physician or a physician professional practice solely for the physician’s or practice’s private medical practice. These single ORs within a Read more
December 19, 2011 Regulatory Developments
January 3, 2012 | No Comments
Posted by Beth Christian
Here are the most recent healthcare related regulatory developments as published in the New Jersey Register on December 19, 2011:
On December 19, 2011 at 43 N.J.R. 3302, the Department of Banking and Insurance published notice of its proposed amendments to its rules governing small employer health benefit standard plans. The amendments are being proposed in order to bring the plans into compliance with the requirements of the federal Patient Protection and Affordable Care Act. Read more
December 5, 2011 Regulatory Developments
December 29, 2011 | No Comments
Posted by Beth Christian
Here are the most recent healthcare related regulatory developments as published in the New Jersey Register on December 5, 2011:
On December 5, 2011 at 43 N.J.R. 3182, the Department of Health and Senior Services published notice of its adoption of new rules governing birth certificates. Read more
Medicare Physician Pay Reduction Averted…Temporarily
December 28, 2011 | No Comments
Posted by Beth Christian
President Obama signed the Temporary Payroll Tax Cut Continuation Act of 2011 into law on December 23rd . Among other things, the legislation will avert the imposition of the 27.4% reduction in the Medicare physician fee schedule that was due to go into effect on January 1, 2012. The reprieve is only temporary, however. The legislation postpones the imposition of the fee schedule reduction only until February 29, 2012. Physicians will need to continue to monitor the situation and its potential impact on their practice revenues.
November 21, 2011 Regulatory Developments
December 23, 2011 | No Comments
Posted by Beth Christian
Here are the most recent healthcare related regulatory developments as published in the New Jersey Register on November 21, 2011:
On November 21, 2011 at 43 N.J.R. 3076, the Board of Chiropractic Examiners published notice of its proposal of amendments to its rules and the proposal of new rules governing the scope of practice of chiropractors, as well as mandated continuing education and professional liability insurance requirements.
On November 21, 2011 at 43 N.J.R. 3096, the State Board of Dentistry published notice of its adoption of amendments to its rules and the adoption of new rules governing dental fee schedules and the administration of injectible pharmacologics. The administrative rules will allow dentists to inject medications such as Restylane; collagen; Botox or similar products that have been approved by the Food and Drug Administration in a dental treatment setting.
Imminent Withholding of Medicare Physician Payments Appears Likely
December 22, 2011 | No Comments
Posted by Frank Ciesla
As of today, there still has not been a resolution of the threatened reductions to the Medicare payment rate which are scheduled to go into effect ten (10) days from now . As you are aware, the Medicare Sustainable Growth Rate will require reducing payments by over 27% as of January 1, 2012.
While the news seems to be focused on the deadlock in regard to the payroll tax cut and extension of unemployment benefits, the issue regarding physician compensation is as vital, not only to the physicians, but to the Medicare population, as either of the other two issues. The pending Republican proposal for resolving the physician payment issue is focused on reducing payment to other healthcare providers. This appears to be unacceptable to the Democratic contingent in both the House and the Senate.
As of this point in time, Medicare will withhold all Medicare physician payments for services rendered during the first ten (10) days of 2012, until there is either: (1) a resolution of the issue; or (2) implementation of the reduction because the Sustainable Growth Rate issue has not been resolved. Clearly, the providers of healthcare to the Medicare population are being held hostage in this crisis.
See our prior blog as to steps you can take regarding your continued provision of services to Medicare patients.
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