September 19, 2021

Volume XI, Number 262

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September 17, 2021

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May 2021 State Regulatory Developments

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

  •  On May 3, 2021, at 53 N.J.R. 677(a), the Department of Banking and Insurance, Small Employer Health Program proposed an amendment regarding small employer health benefit plans. This includes language that should be changed to comply with several Public Laws. See proposed N.J.A.C. 11:21.

  •  On May 3, 2021, at 53 N.J.R. 680(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy, proposed an amendment that will allow pharmacy interns and externs, under direct supervision of a pharmacist, to administer vaccinations. See proposed N.J.A.C 13:39-4.21.

  • On May 3, 2021, at 53 N.J.R. 700(b), the Health Department, Division of Certificate of Need and Licensing, Certificate of Need and Healthcare Facility Licensure Program, adopted several amendments and a new rule addressing hospice licensing standards and patient care services. This includes changes to the language of definitions and new guidelines for acceptance and disposal of prescription medication. See adopted N.J.A.C 8:42C-6.4. See adopted N.J.A.C. 8:42C-1.2, 2.1, 2.5, 2.7, 3.1, 3.2, 3.3, 3.5, 10.2, 10.7, 11.8.

  • On May 3, 2021 at 53 N.J.R. 703(a), the Department of Health, Health Systems Branch, Division of Certificate of Need and Licensing, repealed and adopted a new rule, as well as adopted several amendments. Definitional changes, licensure procedure changes, and other requirement changes were made to the Manual of Standards for Licensing of Ambulatory Care Facilities. Several changes were made to the Hospital Licensing Standards. A new form was added for the Acute Stroke Registry, which can be found at http://www.nj.gov/health/forms. See adopted N.J.A.C 8:43G-7A. See adopted N.J.A.C 8:43A-1.3, 2.2 2.3, 2.4, 2.5, 2.8, 2.9, 3.3, 3.4, 3.6, 3.7, 12.7, 16.3, 23.3, 28.3, 28.7, 29.1, 30.7, 30.10, 33.1, 33.4. See adopted N.J.A.C. 8:43G-2.13, 5.16, 7.23, 7.28, 7A.6, 12.12, 15.1, 16.1, 23.6, 28.19, 28.24, 32.23.

  • On May 3, 2021, at 53 N.J.R. 717(a), the Department of Human Services, Division of Disability Services, provided an updated Consumer Cost Share Obligation Table for 2021. See adopted N.J.A.C. 10:140-4.3.

  • On May 17, 2021, at 53 N.J.R. 761(a), the Governor extended the Public Health Emergency. See Exec. Order No 235.

  • On May 17, 2021, at 53 N.J.R. 936(b), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Nursing, adopted new amendments and new rules addressing the Nurse Licensure Compact. See adopted N.J.A.C 13:37-2.1, 2.2, 2.3, 7.1, 9.3. See adopted N.J.A.C 13:37-2.4, 8.4.

  • On May 17, 2021, at 53 N.J.R. 937(a), the Department of Law and Public Safety, Divisions of Consumer Affairs, New Jersey Board of Nursing, adopted amendments addressing continuing education and educational requirements for certification of advanced practice nurses. See adopted N.J.A.C 13:37-5.3, 7.2.

  • On May 17, 2021, at 53 N.J.R. 953(a), the Department of Health released a public notice cancelling the certificate of need call for more long-term care beds for severe behavior management, which was originally in accordance with N.J.A.C. 8:33-4.1(a) and N.J.S.A. 26:2H-1.

 

Special thanks to Jessica Warwick, Summer Associate

© 2021 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume XI, Number 188
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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
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