February 17, 2020

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November 2018 Regulatory Developments

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

  • On November 5, 2018, at 50 N.J.R. 2239(b), the Department of Human Services, Division of Family Development published a public notice the Division of Family Development shall increase the rate of the personal needs allowance from $ 110.00 to $ 112.00 effective January 1, 2018, for SSI recipients and Work First New Jersey/General Assistance recipients living in residential health care facilities and for SSI recipients living in boarding homes. This increase is based on the total 2018 Federal Social Security cost-of-living increase. (Amends N.J.A.C. 10:123-3.4(a)).
  • On November 19, 2018, at 50 N.J.R. 2281(a), the Department of Community Affairs published a proposal to readopt the existing rules concerning requests for government records were scheduled to expire on October 17, 2018. The Department proposed that the rules be readopted without change. Comments due January 18, 2019.
  • On November 19, 2018, at 50 N.J.R. 2328(b), the Department of Human Services, Division of Medical Assistance and Health Services readopted rules for the Medicaid Only eligibility for aged, blind and disabled individuals. The DHS adopted the subchapter (N.J.A.C. 10:71) before the expiration while it works on changes to reflect the Federal requirements under the Affordable Care Act. Those changes will be published under a separate rulemaking. The readopted rules will continue to be in effect for seven years.
  • On November 19, 2018, at 50 N.J.R.2329 (a), the Department of Insurance, New Jersey Individual Health Coverage Program Board readopted rules Individual Health Coverage Program Plan of Operations. The mission of the Board administer the New Jersey Individual Health Coverage Program in a manner aimed at increasing access to coverage, protecting consumers, educating key stakeholders and other interested persons, and promoting carrier participation in the market. This includes establishment and modification of standard plans for marketing to individuals and establishing and administering the assessment mechanism. It also includes the regulation of individual health coverage carriers in conjunction with the Department of Banking and Insurance.
  • On November 19, 2018, at 50 N.J.R. 2334(a), the Department of Banking and Insurance, Small Employer Health Benefits Program Board adopted amendments to the Small Employer Health Benefits Plan at N.J.A.C. 11:21 Appendix Exhibits F, G, W, Y, HH, and II.
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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...

Beth Christian, Giordano Law firm, Health Care Attorney,Health Care Fraud and Abuse, Cannabis Law, Non-Profit Law

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.

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

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,...

Ari G. Burd, Shareholder, Giordano Law Firm, Labor & Employment, Cannabis Law, Health Care

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,...