October 20, 2021

Volume XI, Number 293

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October 19, 2021

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October 18, 2021

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August 2021 New Jersey State Regulatory Developments

Below are the most recent health care related regulatory developments as published in the New Jersey Register in August 2021:

  • On August 2, 2021, at 53 N.J.R. 1278(a), the Department of Human Services, Division of Medical Assistance and Health Services, readopted the Manual for Dental Services. See adopted N.J.A.C. 10:56.

  •  On August 2, 2021, at 53 N.J.R. 1278(b), the Department of Human Services, Division of Medical Assistance and Health Services, readopted the Medical Supplier Manual. Additionally, technical changes were made to reflect the current name for the “Department of Health” and “Medicaid/NJ FamilyCare.” See adopted N.J.A.C. 10:59.

  •  On August 2, 2021, at 53 N.J.R. 1279(a), the Department of Human Services, Division of Medical Assistance and Health Services, readopted Independent Clinical Laboratories. Additionally, technical changes were made to reflect the name of the current Division of Medical Assistance and Health Services fiscal agent. See adopted N.J.A.C 10:61.

  •  On August 2, 2021, at 53 N.J.R. 1279(b), the Department of Human Services, Division of Medical Assistance and Health Services, readopted the Medically Needy Program. See adopted N.J.A.C. 10:70.

  •  On August 2, 2021, at 53 N.J.R. 1280(a), the Department of Human Services, Division of Medical Assistance and Health Services, readopted NJ Family Care. See adopted N.J.A.C. 10:78.

  •  On August 2, 2021, at 53 N.J.R. 1280(b), the Department of Human Services, Division of Aging Services, Office of Area Agency on Aging Administration, readopted Adult Day Services Program for Persons with Alzheimer’s Disease or Related Disorders. See adopted N.J.A.C. 10:164A

  •  On August 2, 2021, at 53 N.J.R. 1283(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners, adopted new rules regarding telemedicine and telehealth, authorizing healthcare providers to engage in telemedicine and telehealth. Additionally, this adoption includes new rules to be followed when engaging in telemedicine and telehealth. See adopted N.J.A.C. 13:34-6A.

  •  On August 2, 2021, at 53 N.J.R. 1285(a), The Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Examiners, Professional Counselor Committee, adopted new rules regarding telemedicine and telehealth, authorizing healthcare providers to engage in telemedicine and telehealth. Additionally, this adoption includes new rules to be followed when engaging in telemedicine and telehealth. See adopted N.J.A.C. 13:34-32.

  •  On August 2, 2021, at 53 N.J.R. 1288(a), The Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, Physician Assistants Advisory Committee, adopted new rules regarding telemedicine and telehealth, authorizing healthcare providers to engage in telemedicine and telehealth. Additionally, this adoption included new rules to be followed when engaging in telemedicine and telehealth. See adopted N.J.A.C. 13:35-2B.3.

  •  On August 2, 2021, at 53 N.J.R. 1290(a), The Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, Electrologists Advisory Committee, adopted new rules regarding telemedicine and telehealth, authorizing healthcare providers to engage in telemedicine and telehealth. Additionally, this adoption included new rules to be followed when engaging in telemedicine and telehealth. See adopted N.J.A.C. 13:35-12A.

  •  On August 16, 2021, at 53 N.J.R. 1327(a), the Department of Human Services, Division of Medical Assistance and Health Services, proposed readoption and amendments to the Home Care Services chapter. The proposed amendments include definition changes, as well as new rules. These new rules address new billing and payment guidelines. See proposed N.J.A.C. 10:60.

  •  On August 16, 2021, at 53 N.J.R. 1378(b), The Department of Health, Health Systems Branch, Divisions of Certificate of Need and Licensing, Certificate of Need and Healthcare Facility Licensure Program, adopted new rules addressing the registration standards for Telemedicine and Telehealth Organizations. See adopted N.J.A.C. 8:53.

  •  On August 16, 2021, at 53 N.J.R. 1404(c), the Department of Health, Office of the Commissioner released a notice of grant availability. See here.

  •  On August 16, 2021, at 53 N.J.R. 1405(c), the Department of Law and Public Safety, Division of Consumer Affairs, released a notice addressing that the State Board of Marriage and Family Therapy Examiners received a petition for rulemaking from the New Jersey Association of Marriage and Family Therapy Legislative Committee. Petitioner requests that the requirement that a plan of supervision be submitted as part of the application for licensure as an associate marriage and family therapist be eliminated from the Code. See N.J.A.C. 13:34-2.2.

Special thanks to Jessica Warwick, Law Student Intern

© 2021 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume XI, Number 250
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About this Author

Frank R. Ciesla, Giordano Law Firm Health Care Litigation Health Care Fraud and Abuse Tax Health & Hospital Law
Of Counsel

Mr. Ciesla is Chair Emeritus of the firm's Health Care Law Practice Area. His practice is primarily devoted to Health Care and Government Contracts Law. He counsels clients on legal developments facing healthcare providers in the modern health care environment. Firm clients include hospitals, nursing homes, physicians and physician groups, individual practice associations, home health agencies, ambulance carriers and industry-wide associations.

Mr. Ciesla advises such clients on business structures, mergers and consolidations, joint ventures, reorganization of health care providers...

732-741-3900
Beth Christian, Giordano Law firm, Health Care Attorney,Health Care Fraud and Abuse, Cannabis Law, Non-Profit Law
Shareholder

Ms. Christian's practice is devoted to Health Care Law and legal issues facing Health Care facilities licensed professionals and non-profit organizations. She has over twenty years of experience counseling clients on legal issues facing the modern health care and non-profit communities.

732-219-5485
Anjali Baxi, Giordano Halleran Law Firm, Healthcare Attorney, New Jersey health Law,Cannabis Law,Government Affairs,Business Transactions, Health Care Law Regulation, Medicare and NJ Medicaid Enrollment
Counsel

Anjali has been practicing law for 15 years, mainly focused on health care transactional and regulatory matters. She prepares and reviews LOIs, purchase agreements and other transaction documents for health care providers needed for the business transfer and necessary for the transfer of NJDOH and NJDHS licenses and provider numbers. She also reviews agreements required for the day to day operations of health care facilities.

She has counseled skilled nursing, assisted living, adult medical day care, outpatient facility clients and hospitals regarding NJDOH regulatory requirements,...

732-741-3900
Ari G. Burd, Shareholder, Giordano Law Firm, Labor & Employment, Cannabis Law, Health Care
Shareholder

Ari devotes his time to assisting and defending employers with regard to traditional employment issues. He frequently counsels employers for compliance with New Jersey laws and has extensive transactional and litigation experience.

Ari has litigated employment matters throughout the state, having made appearances in almost every Superior Court in New Jersey, as well as before both Federal District Courts in New Jersey and the Federal and State Courts in New York.  These actions have involved a diverse range of claims such as wrongful discharge, discrimination, harassment,...

732-741-3900
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