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September 2018 Regulatory Developments

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

On September 4, 2018, at 50 N.J.R. 1926(a), the Department of Banking and Insurance proposed a rule readoption with amendments regarding the standards and practices for the regulation of dental plan organizations (DPOs) and the provision of dental services on other than a pure fee-for-service basis by insurers, DPOs, and dental service corporations (DSCs). Included in the this readoption is new provision that would require that any employee dental plans offered as alternate coverage through an insurance contract intended to be sold as a pediatric dental plan to satisfy the EHB requirement of the ACA and fulfill certain requirements set forth in the proposed rules.

On September 4, 2018, at 50 N.J.R. 1931(a), the State Board of Medical Examiners proposed rules to amend the continuing education requirements to require physicians and physician assistants to complete one credit of continuing education in topics concerning prescription opioid drugs every biennial renewal period. These topics would have to include responsible prescribing practices, alternatives to opioids for managing and treating pain, and the risks and signs of opioid abuse, addiction, and diversion.

On September 4, 2018, at 50 N.J.R. 1932(a), the Division of Consumer Affairs proposed rules to increase Controlled Dangerous Substance (CDS) registration fees after 21 years. All registrations fees are proposed to be doubled. Under the proposed rules, the initial and annual registration fee for dispensers and practitioners, it would change from $20 to $40.

On September 17, 2018, at 50 N.J.R. l987(a), State Board of Massage and Bodywork Therapy issued proposed amendments to existing rules regarding licensure to require applicants to complete a course of study of at least 500 hours in massage and bodywork therapies and to pass a written examination. The Board would no longer allow licensure based on passing a written examination.

On September 17, 2018, at 50 N.J.R. 1992(b), Department of Human Services, Division of Medical Assistance and Human Services, adopted amendments and new rules regarding home care services. There is a new provision regarding the transfer of beneficiary care to a different service provider. (N.J.A.C. 10:60-3.10).

On September 17, 2018, at 50 N.J.R. 2030(a), the Department of Health cancelled a call for pediatric intensive beds, citing that there is no current need. The notice stated that the Department issued approval for 22 new beds in response to 2017 pediatric intensive bed call. The next scheduled call is September 2, 2019.

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume VIII, Number 288


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,...