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January 2, 2018 Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register on January 2, 2018:

  • On January 2, 2018 at 50 NJR 9, the Division of Consumer Affairs published notice of its proposal of amendments to its rules governing prescriptions filled for Gabapentin. The proposed amendments will require New Jersey licensed pharmacies and registered out-of-state pharmacies to electronically transmit information to the Division of Consumer Affairs about prescriptions for Gabapentin.

  • On January 2, 2018 at 50 NJR 133, the Office of Children and Families published notice of its adoption of amendments to its rules regarding New Jersey Safe Haven Infant Protection Act procedures and requirements. Among other things, the amendments provide that the person who brings an infant to a police station, fire department, ambulance, hospital, or emergency department is not required to disclose his or her name or the name of the parent, provide any identifying or non-identifying information about the infant or birth family, or provide any background or medical information about the infant or birth family. The amendments also set forth the procedures that hospital staff must undertake if a safe haven infant is dropped off at the hospital. The amendments require the hospital to obtain information regarding the infant and document it in the infant’s medical chart; comply with any court order obtained by the Division of Child Protection and Permanency (including any requirements for testing); notify the Division of Child Protection Permanency of the infant’s anticipated discharge date; and offer the person bringing the infant to the hospital’s services, medical care, or a referral for services, as appropriate.

  • On January 2, 2018 at 50 NJR 198, the Department of Banking and Insurance published notice of its adoption of new rules governing pharmacy benefits managers. The new rules set forth the requirements for contracts between a pharmacy benefits manager and a contracted pharmacy, and requires pharmacy benefits managers to certify that new or existing contracts, upon renewal, comply with the requirements set forth in applicable law.

  • On January 2, 2018 at 50 NJR 209, the State Board of Medical Examiners published notice of its adoption of amendments to its rules applicable to medical standards governing screening and diagnostic medical testing in practitioner offices. The amendments will implement additional requirements for the ordering and performance of specific tests.

  • On January 2, 2018 at 50 NJR 212, the State Board of Nursing adopted amendments to its rules regarding applications for certified home health aide certification.

  • On January 2, 2018 at 50 NJR 259, the Department of Health published notice of its cancellation of the Certificate of Need call for new home health agencies. The notice of cancellation indicated that the Department had collected encounter data for calendar years 2013, 2014 and 2015 from licensed home health agencies and calculated need projections to the year 2020 by region. Based upon its analysis, the Department has determined that there is not a sufficient need for additional home health agencies at this time.

  • On January 2, 2018 at 50 NJR 260, the Department of Health published notice of a Certificate of Need call for new specialized long-term care beds for pediatric care.

  • On January 2, 2018 at 50 NJR 260, the Department of Health published notice of a Certificate of Need call for new specialized long-term care beds for severe behavior management.

  • On January 2, 2018 at 50 NJR 260, the Department of Health published notice of a Certificate of Need call for new specialized long-term care beds for ventilator care.

  • On January 2, 2018 at 50 NJR 261, the Department of Health published notice of its postponement of its Certificate of Need call for maternal and child health services.

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About this Author

Frank R. Ciesla, Giordano Law Firm, Health Care Attorney
Shareholder

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.

732-741-3900
Beth Christian, Giordano Law firm, Health Care Attorney
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
Attorney

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...

732-741-3900
Ari G. Burd, Giordano Law Firm, Labor Employment Attorney
Associate

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...

732-741-3900