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May 16, 2016 Regulatory Developments

May 24, 2016 | Comments Off on May 16, 2016 Regulatory Developments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on May 16, 2016:

  • On May 16, 2016 at 48 NJR 804, the Department of Banking and Insurance published notice of its readoption of its rules regarding managed care plans.
  • On May 16, 2016 at 48 NJR 822, the Division of Taxation published notice of its adoption of new rules governing business registration and tax clearance requirements for professional license holders. Under the new rules, the Director of the Division of Taxation may suspend the professional license of an individual with regard to the failure to satisfy a state tax indebtedness. If the individual does not pay the state tax liability in full within 60 days from the date of the demand letter, the Director of the Division of Taxation may suspend the professional license of the individual.

Appellate Division Accords Absolute Privilege To Patient Safety Act Materials

May 6, 2016 | Comments Off on Appellate Division Accords Absolute Privilege To Patient Safety Act Materials
Posted by Beth Christian

On May 4, 2016, the Superior Court of New Jersey, Appellate Division, issued a decision in Conn vs. Rebustillo which held that the  materials provided  to the Department of Health in the contact of a Patient Safety Act report and submission,  including  the root cause analysis prepared by the hospital in the context of an internal Patient Safety Act investigation, are subject to an absolute privilege and are not subject to disclosure in discovery.  The case was a medical malpractice action involving an inpatient at Newton Medical Center who fell out of bed while hospitalized, suffered a brain hemorrhage, and later died.  The hospital conducted an internal root cause analysis (which was submitted to the Department of Health)  and also submitted a Patient Safety Act report.  The wife of the hospital inpatient who died filed a medical malpractice lawsuit, and her attorneys sought to compel disclosure in discovery of the root cause analysis.  The plaintiff contended that disclosure of the documents in discovery was permitted because the hospital had not shown that it complied with all of the process requirements of the Patient Safety Act.  The trial court held that the underlying facts of the root cause analysis had to be disclosed, as well as any and all other documents withheld by the hospital on the basis that the documents were protected as a root cause analysis. The Appellate Division reversed the decision of the trial court, finding that the privilege set forth in the Patient Safety Act is an absolute privilege and protects all documents submitted to the Department of Health, including the root cause analysis.  Internal documents  prepared by the hospital as part of its Patient Safety Act investigation which are not submitted to the Department of Health are also subject to protection from disclosure if the hospital can show that the documents were developed as part of a Patient Safety Act plan which complies with the requirements of the Patient Safety Act.  The court concluded that the protection accorded to documents submitted to the Department of health is absolute, and that the privilege is not subject to review to determine whether or not the hospital complied with the process requirements of the Patient Safety Act.

May 2, 2016 Regulatory Developments

May 3, 2016 | Comments Off on May 2, 2016 Regulatory Developments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on May 2, 2016:

  • On May 2, 2016 at 48 NJR 673, the Department of Human Services published notice of its readoption with amendments to its rules governing patient supervision at state psychiatric hospitals.
  • On May 2, 2016 at 48 NJR 714, the State Board of Dentistry published notice of its adoption of new rules governing credit toward licensure as a dental hygienist and as a dental assistant for education, training and experience received while serving as a member of the Armed Forces.

April 18, 2016 Regulatory Developments

April 26, 2016 | Comments Off on April 18, 2016 Regulatory Developments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on April 18, 2016:

  • On April 18, 2016 at 48 NJR 619, the Department of Health published notice of its proposal of new rules implementing the Health Care Professional Responsibility and Reporting Enhancement Act. The proposed rules will establish reporting requirements, as well as penalties that may be imposed by the Department to ensure compliance.       The proposed rules would also establish a procedure for health care providers to request, and respond to requests for information from, other health care providers care professional regarding a health care professional’s conduct as it relates to patient safety during a period of previous employment.
  • On April 18, 2016 at 48 NJR 626, the Department of Health published notice of its proposal of a new rule which would require hospitals to post information regarding the Independent Health Care Appeals program in conspicuous places in each of their waiting rooms.

April 4, 2016 Regulatory Developments

April 21, 2016 | Comments Off on April 4, 2016 Regulatory Developments
Posted by Beth Christian

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

  • On April 4, 2016 at 48 NJR 544, the Department of Human Services published notice of its proposal of amendments to the Manual of Standards for Community Care Residences.
  • On April 4, 2016 at 48 NJR 554, the Department of Banking and Insurance published notice of its proposal of amendments to its rules governing increases in capital and surplus requirements for health insurers, HMOs and licensed organized delivery systems.
  • On April 4, 2016 at 48 NJR 565, the State Board of Pharmacy published notice of its proposal of amendments to its rules and the proposal of a new rule which will establish standards for the control and monitoring of the temperature of prescription drugs and chemicals to ensure their integrity, stability and efficacy.
  • On April 4, 2016 at 48 NJR 596, the State Board of Polysomnography adopted amendments to its rules governing exemptions from the rules governing the unlicensed practice of polysomnography.

March 21, 2016 Regulatory Developments

March 30, 2016 | Comments Off on March 21, 2016 Regulatory Developments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on March 21, 2016:

  • On March 21, 2016 at 48 NJR 496, the Occupational Therapy Advisory Council published notice of its readoption of its rules governing the practice of occupational therapy.

March 7, 2016 Regulatory Developments

March 22, 2016 | Comments Off on March 7, 2016 Regulatory Developments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on March 7, 2016:

  • On March 7, 2016 at 48 NJR 374, the Board of Optometrists published notice of the proposal of an amendment to its rules governing the practice of optometry to authorize optometrists to prescribe oral therapeutic pharmaceutical agents containing hydrocodone.
  • On March 7, 2016 at 48 NJR 420, the Department of Health published notice of the readoption of its rules governing communicable diseases.
  • On March 7, 2016 at 48 NJR 423, the Board of Nursing published notice of its adoption of amendments to its rules and the adoption of new rules governing nursing practice.  Among other things, the Board adopted a new rule which will allow certified homemaker-home health aides to administer medication under delegation from a nurse and sets forth specific requirements with regard to such delegation.

February 16, 2016 Regulatory Developments

March 10, 2016 | Comments Off on February 16, 2016 Regulatory Developments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on February 16, 2016:

  • On February 16, 2016, at 48 N.J.R. 207, the Audiology and Speech-Language Pathology Advisory Committee published notice of its readoption of its rules governing standards for the licensing and regulation of audiologists and speech-language pathologists.
  • On February 16, 2016, at 48 N.J.R. 339, the Department of Health published notice of its notice of invitation for certificate of need applications on an expedited review basis for additional long-term care beds designated for residents diagnosed with Huntington’s Disease.

February 1, 2016 Regulatory Developments

March 8, 2016 | Comments Off on February 1, 2016 Regulatory Developments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on February 1, 2016:

  • On February 1, 2016, at 48 N.J.R. 157, the Department of Health published notice of its proposed amendments to its rules governing licensure of home health agencies.
  • On February 1, 2016, at 48 N.J.R. 207, the Department of Human Services notice of its readoption of its rules governing administration of the Medicaid program.

January 19, 2016 Regulatory Developments

March 4, 2016 | Comments Off on January 19, 2016 Regulatory Developments
Posted by Beth Christian

Here are the most recent health care related regulatory developments as published in the New Jersey Register on January 19, 2016:

  • On January 19, 2016 at 48 NJR 104, the Department of Human Services published notice of its proposed readoption with amendments to its rules governing policies and procedures for interdisciplinary treatment teams and other hospital staff responsible for determining eligibility for and facilitating Pre-Placement Program visits and eligibility requirements in State psychiatric hospitals.
  • On January 19, 2016 at 48 NJR 105, the Department of Human Services published notice of its proposed readoption with amendments to its rules governing the Pharmaceutical Assistance to the Aged and Disabled (PAAD) Eligibility Manual.
  • On January 19, 2016 at 48 NJR 104, the Department of Human Services published notice of its readoption with amendments to its rules governing hospice services under Medicaid.
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