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August 6, 2018 Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register on August 6, 2018:

  • On August 6, 2018, at 50 N.J.R. 1699(a), the State Board of Respiratory Care proposed amendments to its rules regarding standards of practice and licensure requirements. Among the proposed rules codifies the Board’s position that respiratory care practitioners may conduct apnea testing and monitoring and addresses follow up visit timeframes, criminal background check requirements, license renewals and reactivations, education requirements and educational recordkeeping requirements. There is a 60 day comment period on this rule.
  •  On August 6, 2018, at 50 N.J.R. 1704(a), the Department of Law and Public Safety, Division of Consumer Affairs, issued a proposed rule authorized by the Attorney General to relax certain limitations on prescriber acceptance of compensation from pharmaceutical manufacturers. The rules currently allow pharmaceutical manufacturers to provide a “modest meal” limited to $15.00 at an educational or promotional event for prescribers (NJ licensed physicians, podiatrists, PAs, APNs, dentists/optometrists). The new rules would relax this regulation and allow for $15 for breakfast/$30 limit for dinner as adjusted by CPI. There would be no cap for meals provided at an educational event or to non-faculty prescribers. The regulations enhance the definition of “prescriber,” “modest meal” and add the term “CPI Index”. The proposed amendment is due to Attorney General’s recognition of the educational value of learning about disease states and treatment options to further the educational exchange between practitioners and pharmaceutical manufacturers for the benefit of patient care. There is a 60 day comment period on this rule.
  •  On August 6, 2018, at 50 N.J.R. 1704(a), the Department of Human Service, Division of Medical Assistance and Health Services, adopted an administrative correction to the maximum fee allowance for independent clinics for HCPCS code for immunizations (90632) to be $80.95. The citation is N.J.A.C. 10:66-6.2(q).
  •  On August 6, 2018, at 50 N.J.R. 1818(b), Department of Law and Public Safety, Division of Consumer Affairs, State Board of Psychological Examiners issued adopted a rule amending the regulation regarding degrees earned outside of the U.S. The individuals are required to provide the Board with a comprehensive evaluation of their degree performed by a foreign credential evaluation service that is member of the National Association of Credential Evaluation Services (NACES) and acceptable to the Board, and any other documentation the Board deems necessary.
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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...

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

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.

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

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,...

Ari G. Burd, Shareholder, Giordano Law Firm, Labor & Employment, Cannabis Law, Health Care

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,...