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May 2020 State Regulatory Developments

On May 18, 2020 at 52 N.J.R. 1083(b), the Department of Health issued a notice of readoption of N.J.A.C. 8:43E, General Licensure Procedures and Standards Applicable to All Licensed Facilities, which was set to expire on May 16, 2020.  The Department readopted the rules without amendment, and those rules will continue to be in effect for seven years. In the readoption notice, the Department acknowledged that it is developing rulemaking to revise, update and reorganize the existing N.J.A.C. 8:43E, and anticipates filing the rulemaking in the ordinary course.  However, due to the Public Health Emergency that Governor Philip D. Murphy declared in Executive Order No. 103, on March 9, 2020, has necessitated the reallocation of many Department personnel and resources to pandemic response activities, making it unlikely that the Department will be able to finalize the anticipated rulemaking prior to chapter expiration.  In addition the declaration has made impracticable the convening of a meeting of the Health Care Administration Board to obtain that Board’s authorization to process the anticipated rulemaking, as required by the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. Therefore, the Department will not be able to finalize the anticipated rulemaking prior to the expiration of existing N.J.A.C. 8:43E.  The rule was adoption is effective April 13, 2020 until April 13, 2027.

On May 18, 2020, at 52 N.J.R. 1087(a), the Department of Human Services, Division of Medical Assistance and Public Health Services, issued a notice of public meeting cancellation of the 2020 Second Quarter (April 22, 2020) public meeting of the New Jersey Drug Utilization Review Board due to the current COVID-19 emergency situation and aggressive social distancing measures. The new date for the meeting will be announced as soon as possible, once it is determined safe to hold the meeting.

On May 4, 2020, at 52 N.J.R. 969(a), the Office of the Governor issued an Executive Order 127 extending all Office of Administrative Law deadlines for decisions and rulemakings pursuant to N.J.S.A. 52:14B-1 et seq., and N.J.A.C. 1:30.  The text of the Executive Order is available at https://nj.gov/infobank/eo/056murphy/pdf/EO-127.pdf.

On May 4, 2020, at 52 N.J.R. 1020(a), the Department of Health, Division of Certificate of Need and Healthcare Licensing, issued a notice of readoption of N.J.A.C. 8:33E, Certificate of Need: Cardiac Diagnostic Facilities and Cardiac Surgery Centers, which was scheduled to expire on April 19, 2020.  The Department readopted the rules without amendment and those rules will continue to be in effect for seven years.  The Department readopted the rules without amendment, and those rules will continue to be in effect for seven years. In the readoption notice, the Department acknowledged that it is developing rulemaking to revise, update and reorganize the existing N.J.A.C. 8:33E, and anticipates filing the rulemaking in the ordinary course.  However, due to the Public Health Emergency that Governor Philip D. Murphy declared in Executive Order No. 103, on March 9, 2020, has necessitated the reallocation of many Department personnel and resources to pandemic response activities, making it unlikely that the Department will be able to finalize the anticipated rulemaking prior to chapter expiration.  In addition the declaration has made impracticable the convening of a meeting of the Health Care Administration Board to obtain that Board’s authorization to process the anticipated rulemaking, as required by the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. Therefore, the Department will not be able to finalize the anticipated rulemaking prior to the expiration of existing N.J.A.C. 8:43E.  The rule was adoption is effective March 20, 2020 until March 20, 2027.

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 141

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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