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January 4, 2016 Regulatory Developments

January 6, 2016 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on January 4, 2016:

  • On January 4, 2016 at 48 NJR 79, the Department of Human Services published notice of its adoption of amendments to its rules governing the provision of Programs of Assertive Community Treatment (PACT) services to New Jersey Medicaid and certain NJ FamilyCare-Plan A beneficiaries and NJ FamilyCare Alternative Benefit Plan beneficiaries.
  • On January 4, 2016 at 48 NJR 79, the Department of Human Services published notice of its adoption of amendments to its rules governing rehabilitative services for children under the New Jersey Medicaid and FamilyCare programs.

December 21, 2015 Regulatory Developments

December 30, 2015 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on December 21, 2015:

  • On December 21, 2015 at 47 N.J.R. 3075, the Department of Health published notice of its proposed readoption with amendments to the regulations governing hospital reporting and prevention of healthcare-associated infections.
  • On December 21, 2015 at 47 N.J.R. 3097, the Board of Dentistry published notice of its proposal of amendments to its rules and the proposal of a new rule governing the scope of practice of dental hygienists.
  • On December 21, 2015 at 47 N.J.R.3111, the Department of Health published notice of its re-adoption with amendments to its rules governing. Certificate of Need standards for Long-Term Acute Care Hospitals (LTACHs).

ACA Update: Cadillac Tax Delayed Two More Years

December 16, 2015 | No Comments
Posted by Ari Burd

Rumor has it the newest Congressional budget deal includes a two year delay on the so-called “Cadillac Tax.” This tax, originally set to go into effect on January 1, 2018 pursuant to the Affordable Care Act calls for a 40% excise tax on employer provided health coverage when benefits are worth more than $10,200 (individual) & $27,500 (family). Needless to say, this tax would have affected a significant number of health plans, includes those offered to union members and employees of Fortune 500 companies. As a result, there has been vocal opposition to this tax since it was announced. For now, it appears that Congress has taken this criticism to heart and delayed enforcement of this tax until 2020…just in time for the next presidential election in 2020.

December 7, 2015 Regulatory Developments

December 11, 2015 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on December 7, 2015:

  • On December 7, 2015 at 47 NJR 2903, the Higher Education Student Assistance Authority published notice of its proposal of amendments to its rules regarding the Primary Care Practitioner Loan Redemption Program.  The proposed amendments would allow potential participants to apply to the program before they move to New Jersey and before their receipt of a New Jersey license to practice.
  • On December 7, 2015 at 47 NJR 3033, the Department of Banking and Insurance published notice of its adoption of amendments to the language contained in the standard small employer health benefit plan.  Among other things, the amendments incorporate definitions for telemedicine, e-visits and virtual visits.
  • On December 7, 2015 at 47 NJR 3046, the State Board of Physical Therapy Examiners published notice of its adoption of amendments to its rules governing the scope of licensure for physical therapist assistants and delegation of tasks by a licensed physical therapist to unlicensed person.  The Board also amended its rules governing professional misconduct, advertising, continuing education, temporary licensure, and business practices of physical therapists.
  • On December 7, 2015 at 47 NJR 3048, the State Board of Physical Therapy published notice of its adoption of amendments to its rules governing the use of personal or other computers to prepare patient records.

November 2015 Regulatory Developments

November 24, 2015 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on November 2 and 16, 2015:

  • On November 2, 2015 at 47 N.J.R. 2661, the Department of Banking and Insurance published notice of its proposed amendments to the regulations governing the Small Employer Health Benefit Plans.
  • On November 2, 2015 at 47 N.J.R. 2674, the State Board of Medical Examiners published notice of its adoption of a new rule which will permit podiatrists to supervise and/or administer hyperbaric oxygen therapy.
  • On November 2, 2015 at 47 N.J.R. 2675, the Board of Nursing published notice of its repeal of NJAC 13:37-5.6.  The regulation had required that an individual who was licensed as a registered nurse or licensed professional nurse would be held to the standard of his or her licensure, regardless of their job title.  The New Jersey Hospital Association had raised concerns that the regulation impeded nurses from being employed in any role outside of an RN or LPN role.
  • On November 16, 2015 at 47 N.J.R. 2736, the Division of Consumer Affairs published new rules regarding the Prescription Monitoring Program.  The Prescription Monitoring Program is intended to be used by prescribers and pharmacists as a tool to combat prescription drug abuse and diversion, and to help practitioners make more informed choices about treatment for their patients.
  • On November 16, 2015 at 47 N.J.R. 2873, the Department of Banking & Insurance published notice of its adoption of amendments to its rules governing individual health benefit plans.

October 19, 2015 Regulatory Developments

October 27, 2015 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on October 19, 2015:

  • On October 19, 2015 at 47 N.J.R. 2589, the Department of Environmental Protection published notice of its proposal of amendments to its rules governing radiation protection.  Among other things, the proposed rules would create a new licensure category that will allow a licensed nuclear medicine technologist to obtain an additional license to perform the computed tomography (CT) portion of a fusion imaging procedure, and also perform attenuation correction using CT equipment.  A fusion imaging procedure is a medical imaging procedure in which a licensed nuclear medicine technologist performs a nuclear medicine procedure at the same time that a licensed diagnostic radiologic technologist performs a CT procedure. The data from the two procedures is merged (or fused) to form a single composite image.
  • On October 19, 2015 at 47 N.J.R. 2611, the Department of Human Services published notice of its proposal of amendments to its rules governing patient supervision at State psychiatric hospitals.
  • On October 19, 2015 at 47 N.J.R. 2625, the Department of Banking and Insurance published notice of its proposal of amendments to its rules governing the Individual Health Benefits program.  Among other things, the proposed amendments would include coverage of telemedicine, e-visits and virtual visits under such plans.
  • On October 19, 2015 at 47 N.J.R. 2636, the Orthotics and Prosthetics Board of Examiners published notice of its readoption of its practice rules.

October 5, 2015 Regulatory Developments

October 8, 2015 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on October 5, 2015:

  • On October 5, 2015 at 47 N.J.R. 249, the Department of Health published notice of its readoption of its rules governing Early Intervention services.

September 21, 2015 Regulatory Developments

October 7, 2015 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on September 21, 2015:

  • On September 21, 2015 at 47 NJR 2338, the Professional Counselor Examiners Committee published notice of its proposal of amendments to its rules governing education requirements for professional counselors and associate counselors, licensure by endorsement and fees.
  • On September 21, 2015 at 47 NJR 2339, the Certified Psychoanalysts Advisory Committee published notice of its proposal of amendments to its rules governing supervision of applicants holding a Certificate of Graduation from a non-accredited psychoanalytic institute.
  • On September 21, 2015 at 47 NJR 2386, the Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians published notice of its adoption of a new rule providing licensees with credit toward licensure for education, training and experience received while serving as a member of the Armed Forces.
  • On September 21, 2015 at 47 NJR 2388, the State Board of Social Work Examiners published notice of its adoption of a new rule governing credit towards licensure for education, training and experience received while serving as a member of the Armed Forces.

September 8, 2015 Regulatory Developments

September 21, 2015 | No Comments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on September 8, 2015:

  • On September 8, 2015 at 47 NJR 2237, the Board of Dentistry published notice of its proposal of new rules governing credit towards licensure as a dental hygienist or a dental assistant for education, training, and experience received while serving as a member of the Armed Forces.
  • On September 8, 2015 at 47 NJR 2239, the Board of Polysomnography published notice of its proposal of amendments to its licensure and scope of practice rules.  Among other things, the proposed rules will allow polysomnographic technologists to provide all services within their scope of practice if provide pursuant to the direction of any New Jersey licensed physician.  Currently, the regulations provide that polysomnographic technologists may only provide services pursuant to the direction of a qualified medical director of a sleep center.
  • On September 8, 2015 at 47 NJR 2263, the Department of Community Affairs published notice of its readoption of the rules governing Continuing Care Retirement Communities.
  • On September 8, 2015 at 47 NJR 2294, the Higher Education Student Assistance Authority published notice of its readoption with amendments to its rules governing the Primary Care Practitioner Loan Redemption Program.
  • On September 8, 2015 at 47 NJR 2296, the Department of Banking and Insurance published notice of its adoption of amendments to its rules governing organized delivery systems.
  • On September 8, 2015 at 47 NJR 2298, the Board of Medical Examiners published notice of its adoption of amendments to its rules governing continuing medical education.
  • On September 8, 2015 at 47 NJR 2313, the Department of Health published notice of its cancellation of the Certificate of Need call for Pediatric Intensive Care Unit (PICU) beds and services.

NLRB Decision to Have Wide Ranging Effect on Franchises & Companies using Staffing Agencies

August 28, 2015 | No Comments
Posted by Ari Burd

The National Labor Relations Board ruled yesterday that franchisors and companies using staffing agencies can be considered joint employers and, therefore, are jointly liable for labor violations.  The decision will potentially have major ramifications for franchises and could sabotage efforts by employers using staffing agencies to avoid the health care requirements of the Affordable Care Act. Read more

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