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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 Attorney

Mr. Ciesla is chair 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, ongoing...

Beth Christian, Giordano Law firm, Health Care Attorney

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

Anjali has over 12 years of experience in healthcare transactional matters.  She prepares corporate documents, purchase agreements and other transaction documents for health care providers necessary for the corporate transfer and necessary for the transfer of NJDOH and NJDHS licenses and provider numbers. She has counseled skilled nursing, assisted living, adult medical day care, and outpatient facility clients regarding New Jersey Department of Health (NJDOH) regulatory requirements and licensure process.

Anjali has prepared and managed...

Ari G. Burd, Giordano Law Firm, Labor Employment Attorney

Mr. Burd practices in both the Labor and Employment Law Practice Area and the Health Care Practice Area. In the Labor and Employment Practice Area, Mr. Burd devotes his time to litigation and counseling employers with regard to traditional employment and labor related issues. Mr. Burd has extensive experience in both the state and federal courts in areas including retaliation, wrongful termination, wage and hour, sexual harassment and race, age, gender and disability discrimination. Mr. Burd also has considerable experience in assisting negotiating and drafting employment related...