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May 2020 State Regulatory Developments
Wednesday, May 20, 2020

On May 18, 2020 at 52 N.J.R. 1083(b), the Department of Health issued a notice of readoption of N.J.A.C. 8:43E, General Licensure Procedures and Standards Applicable to All Licensed Facilities, which was set to expire on May 16, 2020.  The Department readopted the rules without amendment, and those rules will continue to be in effect for seven years. In the readoption notice, the Department acknowledged that it is developing rulemaking to revise, update and reorganize the existing N.J.A.C. 8:43E, and anticipates filing the rulemaking in the ordinary course.  However, due to the Public Health Emergency that Governor Philip D. Murphy declared in Executive Order No. 103, on March 9, 2020, has necessitated the reallocation of many Department personnel and resources to pandemic response activities, making it unlikely that the Department will be able to finalize the anticipated rulemaking prior to chapter expiration.  In addition the declaration has made impracticable the convening of a meeting of the Health Care Administration Board to obtain that Board’s authorization to process the anticipated rulemaking, as required by the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. Therefore, the Department will not be able to finalize the anticipated rulemaking prior to the expiration of existing N.J.A.C. 8:43E.  The rule was adoption is effective April 13, 2020 until April 13, 2027.

On May 18, 2020, at 52 N.J.R. 1087(a), the Department of Human Services, Division of Medical Assistance and Public Health Services, issued a notice of public meeting cancellation of the 2020 Second Quarter (April 22, 2020) public meeting of the New Jersey Drug Utilization Review Board due to the current COVID-19 emergency situation and aggressive social distancing measures. The new date for the meeting will be announced as soon as possible, once it is determined safe to hold the meeting.

On May 4, 2020, at 52 N.J.R. 969(a), the Office of the Governor issued an Executive Order 127 extending all Office of Administrative Law deadlines for decisions and rulemakings pursuant to N.J.S.A. 52:14B-1 et seq., and N.J.A.C. 1:30.  The text of the Executive Order is available at https://nj.gov/infobank/eo/056murphy/pdf/EO-127.pdf.

On May 4, 2020, at 52 N.J.R. 1020(a), the Department of Health, Division of Certificate of Need and Healthcare Licensing, issued a notice of readoption of N.J.A.C. 8:33E, Certificate of Need: Cardiac Diagnostic Facilities and Cardiac Surgery Centers, which was scheduled to expire on April 19, 2020.  The Department readopted the rules without amendment and those rules will continue to be in effect for seven years.  The Department readopted the rules without amendment, and those rules will continue to be in effect for seven years. In the readoption notice, the Department acknowledged that it is developing rulemaking to revise, update and reorganize the existing N.J.A.C. 8:33E, and anticipates filing the rulemaking in the ordinary course.  However, due to the Public Health Emergency that Governor Philip D. Murphy declared in Executive Order No. 103, on March 9, 2020, has necessitated the reallocation of many Department personnel and resources to pandemic response activities, making it unlikely that the Department will be able to finalize the anticipated rulemaking prior to chapter expiration.  In addition the declaration has made impracticable the convening of a meeting of the Health Care Administration Board to obtain that Board’s authorization to process the anticipated rulemaking, as required by the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. Therefore, the Department will not be able to finalize the anticipated rulemaking prior to the expiration of existing N.J.A.C. 8:43E.  The rule was adoption is effective March 20, 2020 until March 20, 2027.

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