May 17, 2022

Volume XII, Number 137


May 16, 2022

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November 2020 New Jersey State Health Care Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register in November 2020:

  • On November 2, 2020, at 52 N.J.R. 1990(a), Department of Law and Public Safety, Division of Consumer Affairs, State Board of Psychological Examiners issued a rule proposal to amend N.J.A.C. 13:42-8.1 to require that a licensee retain records for a minor for seven years from the date of the last entry or until the client turns 25 years of age, whichever is longer.

  • On November 2, 2020, at 52 N.J.R. 2008(c), Department of Labor published a notice of administrative change regarding the minimum wage rates as they progress to the $15 minimum wage over   For most employees, the rate as of January 1, 2021 is $11.00.  There are exceptions for certain employers, i.e., small employers/seasonal workers. N.J.A.C. 12:56-3.1, 3.2, and 3.3.

  • On November 2, 2020, at 52 N.J.R. 2010(a), the Department of Law and Public Safety, Division of Consumer Affairs, Audiology and Speech-Language Pathology Advisory Committee adopted an amendment prohibiting hand-written continuing educations credit certificates. Adopted Amendment: N.J.A.C. 13:44C-6.3.

  • On November 16, 2020, at 52 N.J.R. 2038(a), the Department of Health issued notice of emergency adoption of a rule waiver/modification/suspension pursuant to Executive Order No. 103 (2020) waiving the continuing education requirements for active health officer and registered environmental health specialist (REHS) licenses set out at N.J.A.C. 8:7-1.11, N.J.A.C. 8:7-1.12, N.J.A.C. 8:7-1.13, and N.J.A.C. 8:7-1.17. Under current rules, active licensed health officers or REHSs who wish to renew their licenses in their respective public health positions must annually obtain 15 contact hours of approved continuing education (CE) and submit verification of the CEs with their annual license renewal application. Due to the pressing demands caused by this public health emergency, it is both necessary and appropriate to temporarily relax these requirements for current active health officers and REHSs who are renewing their licenses as active for the 2021 licensing period by waiving the CE requirement. This waiver will not only provide active licensed health officers and REHSs a reprieve from this obligation so they may focus on the public response to COVID-19 in New Jersey but will also ensure that the State maintains a sufficient number of active licensed health officers and REHSs to carry out essential public health services and respond to the public health emergency.

© 2022 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 328

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, attorney at Giordano Law Firm, Labor & Employment New Jersey 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,...