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New Jersey December 2018 Healthcare Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register in December 2018:

On December 3, 2018, at 50 N.J.R. 2434(a), the Department of Health published a notice acknowledging the receipt of the petition for rulemaking submitted by Laura I. Thevenot, Chief Executive Officer, American Society for Radiation Oncology (ASTRO), Arlington, Virginia, requesting that the Department add ASTRO as an approved accrediting body for radiation oncology. The Department reviewed the petition and determined that additional time is needed to deliberate about this petition. Time is needed to further evaluate the standards for certification of the American Society for Radiation Oncology and compare them with the standards of the American College of Radiology and the American College of Radiation Oncology. The Department has asked the American Society for Radiation Oncology for additional information and has sought input from stakeholders. The matter will be deliberated on for a period of no more than 90 days.

On December 17, 2018, at 50 N.J.R. 2547(a), the Department of Law and Public Safety, Division of Consumer Affairs, New Jersey Board of Nursing published proposed amendments to Board of Nursing rules as a response to the ruling of New Jersey Supreme Court in In re Eastwick College LPN-to Rn Bridge Program, 225 N.J. 533 (2016) regarding the unreasonable interpretation of N.J.A.C. 13:37-1.3(c) 2. The amendment proposes to amend N.J.A.C. 13:37-1.3 to clearly require that 75% of graduates of a nursing education program with provisional accreditation who take the examination in a calendar year must pass the examination the first time they take it. The Board also proposes to amend the regulations to revise standards for nursing education programs with provisional accreditation.

On December 17, 2018, at N.J.R. 2549(a), the Department of Law and Public Safety, Division of Consumer Affairs Charitable Registrations Unit, the proposes to amend N.J.A.C. 13:48-4.3 and 5.3 to state that charitable organizations exempt from tax under Section 501 of the Internal Revenue Code must continue to report certain information to the Division, regardless of whether the IRS’s new reporting policy excuses an organization from reporting the information to the IRS. The proposed amendments require that, for charitable organizations that do not provide a list of contributors as part of their IRS filings, the annual financial reports filed by such organizations with the State of New Jersey must include a list of every contributor who, during the previous year, gave the organizations, directly or indirectly, money, securities, or any other type of property totaling $ 5,000 or more. The amendments permit separate and independent gifts of less than $ 1,000 to be disregarded. Charitable organizations will be required to provide the name and address of each contributor, the total amount given by each contributor, and a description of noncash property given.Docs #3491369-v1

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About this Author

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,...

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