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Volume XI, Number 134

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February 2021-March 2021 State Regulatory Report

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

  • On February 16, 2021 at 53 N.J.R. 195(a), the Commissioner of Health adopted a temporary rule waiver/modification of the requirements governing the expiration and renewal of certificates for Certified Medication Aides (CMAs) at N.J.A.C. 8:36-9.2. Section 6 of EO 103 that modifies the expiration dates and recertification requirements for CMAs as follows:

    1. CMA certifications that expire between March 1, 2020 and December 31, 2020, are automatically extended until March 19, 2021; and

    2. Any CMA whose certification expires between March 1, 2020 and December 31, 2020, are permitted to renew his or her certification outside of the two-year renewal window, up to and including March 19, 2021; and

    3. CMAs with certifications expiring between March 1, 2020 and December 31, 2020, are permitted to complete CEUs required for recertification up to March 19, 2021.

After March 19, 2021, all CMAs will be required to comply with all regular recertification requirements set forth in N.J.A.C. 8:36-9.2 (b) and (d).

  • On February 16, 2021 at 53 N.J.R. 273(a), the Department of Health, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L. 1987, c. 7), the Department of Health published notice of grant availability, subject to fund availability, in the Department of Health Directory of Grant Programs.

 

  • On March 1, 2021, at 53 N.J.R. 366(a) the Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners adopted amendments to rules that permit all licensed midwives to administer, or facilitate the administration of, nitrous oxide for pain relief in health care facilities licensed by the Department of Health. See N.J.A.C. 13:35-2A.10 and 2A.12.

 

  • On March 15, 2021, at 53 N.J.R. 406(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Dentistry proposed a new subchapter addressing telemedicine and telehealth regulations. See proposed N.J.A.C. 13:30-9.

 

  • On March 15, 2021, at 53 N.J.R. 410(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners, Alcohol and Drug Counselor Committee, proposed a new subchapter addressing telemedicine and telehealth regulations.  See proposed N.J.A.C. 13:34C-7.

 

  • On March 15, 2021, at 53 N.J.R. 414(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Respiratory Care, proposed a new subchapter addressing telemedicine and telehealth regulations. See proposed N.J.A.C. 13:44F-11

 

  • On March 15, 2021, at 53 N.J.R. 417(a), the Department of Law and Public Safety, Division of Consumer Affairs, Occupation Therapy Advisory Council, proposed a new subchapter addressing telemedicine and telehealth regulations. See proposed N.J.A.C N.J.A.C. 13:44K-7.

 

  • On March 15, 2021, at 53 N.J.R. 427(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Veterinary Medical Examiners adopted new telemedicine and telehealth regulations. The commentary discusses at length that, veterinarians are healthcare providers that provide health care services to animals and are subject to the telemedicine statute.  See N.J.A.C. 13:44-4A.

 

  • On March 15, 2021, at 53 N.J.R. 435(a), the Department of Health published a notice postponing the certificate of need call for applications for new specialized long-term beds for pediatric care in accordance with the provisions of N.J.A.C. 8:33H-1.5 and N.J.S.A. 26:2H-1 et seq.

 

  • On March 15, 2021, at 53 N.J.R. 435(b), the Department of Health published a notice postponing certificate of need call for applications for new specialized long-term beds for severe behavior management in accordance with the provisions of N.J.A.C. 8:33H-1.6 and N.J.S.A. 26:2H-1 et seq.

 

  • On March 15, 2021, at 53 N.J.R. 435(c), the Department of Health published a notice postponing the certificate of need call for applications for new specialized long-term beds for ventilator care in accordance with the provisions of N.J.A.C. 8:33H-1.6 and N.J.S.A. 26:2H-1 et seq.

 

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© 2021 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume XI, Number 75
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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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