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October-December 2021 State Regulatory Developments

January 12, 2022 | Comments Off on October-December 2021 State Regulatory Developments
Posted by Anjali Baxi

Below are the most recent health care related regulatory developments as published in the New Jersey Register from October-December 2021:

  • On October 4, 2021, at 53 N.J.R. 1657(a), the Commissioner released a notice regarding Executive Order No. 103, which declared a Public Health Emergency for the state in response to COVID-19. This notice extends the waiver of the continuing education requirements for current active health officers and REHSs who are renewing their license for the 2022 licensing period. See N.J.A.C. 8:7-1.11, 1.12, 1.13, 1.17.
  • On October 4, 2021, at 53 N.J.R. 1737(a), the Insurance – Department of Banking and Insurance, Individual Health Coverage Program Board, adopted amendments to N.J.A.C. 11:20, Appendix Exhibits A and B. Exhibits can be reviewed by contacting the New Jersey Individual Health Coverage Program. See adopted N.J.A.C. 11:20.
  • On October 4, 2021, at 53 N.J.R. 1738(a), the Insurance – Department of Banking and Insurance, Small Employer Health Benefits Program, adopted amendments to N.J.A.C. 11:21, Appendix exhibits F, G, W, Y, HH, and II. Exhibits can be reviewed by contacting the New Jersey Small Employer Health Benefits Program. See adopted N.J.A.C. 11:21.
  • On October 18, 2021, at 53 N.J.R. 1783(a), the Department of Human Services, Division of Medical Assistance and Health Services adopted new rules regarding nursing facility patient care ratio requirements. This new chapter addresses requirements for defined nursing facilities to report information concerning certain revenues and the use of those revenues for the care of the residents. See adopted N.J.A.C. 10:49A.
  • On October 18, 2021, at 53 N.J.R. 1788(a), the Department of Human Services, Division of Medical Assistance and Health Services readopted a rule regarding chiropractic services. There are also language changes to the chapter. See readopted N.J.A.C. 10:68.
  • On October 18, 2021, at 53 N.J.R. 1791(a), the Department of Human Services, Division of the Deaf and Hard of Hearing, readopted with technical changes a rule regarding the organization of the Division of the Deaf and Hard of Hearing. There are also language changes made to the chapter. See readopted N.J.A.C. 10:150.
  • On October 18, 2021, at 53 N.J.R. 1791(c), the Department of Human Services, Division of Aging Services, Office of the State Health Insurance for the Aged and Disabled, readopted a rule regarding the Senior Gold Prescription Program Manual. See readopted N.J.A.C. 10:167B.
  • On October 18, 2021, at 53 N.J.R. 1792(a), the Department of Human Services, Division of Aging Services, Office of State Health Insurance for the Aged and Disabled, readopted a rule regarding the provision of pharmaceutical services under the Senior Gold Program. See readopted N.J.A.C. 10:167C.
  • On October 18, 2021, at 53 N.J.R. 1808(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Medical Examiners, made administrative changes regarding the Cannabis Regulatory Commission. This includes agency name updates, contact information, and addresses. See adopted N.J.A.C. 13:35-7.

 

  •  On November 1, 2021, at 53 N.J.R. 1838(b), the Department of Health published a notice of readoption of N.J.A.C. 8:45, the regulations establishing clinical laboratory licensure requirements and fees and fees for services performed by the NJDOH Public Health and Environmental Laboratories. Effective September 29, 2021. The Department is developing a rulemaking to extensively revise, update, and reorganize existing N.J.A.C. 8:45, and anticipates filing this rulemaking with the Office of Administrative Law for processing in the ordinary course.
  • On November 1, 2021, at 53 N.J.R. 1840(a), the Department of Human Services, Division of Medical Assistance and Health Services (DMHAS) published a notice of readoption of N.J.A.C. 10:32, addressing advanced directives for mental health care. Effective September 24, 2021. The chapter applies to State psychiatric hospitals and DMHAS services.  DMHAS has identified changes to be made to the rules but are too significant to be made part of this readoption.  The anticipated amendments may include substantial amendments and/or recodifications in part, as may be appropriate, to the chapter to reflect the retention of the State psychiatric hospitals by the Department of Health following the return of the DMHAS to the Department of Human Services in accordance with Reorganization Plan 001-2018. Once the review is completed, a separate rulemaking containing proposed amendments and/or recodifications will be published in the New Jersey Register and a 60-day public comment period will be provided.
  • 53 N.J.R. 1840(a), 53 N.J.R. 1841(a), the Department of Human Services, Division of Medical Assistance and Health Services published a notice of readoption of N.J.A.C. 10:37 (Community Mental Health Services Act) with technical amendments. The technical amendments include changes to update the Division’s current table of organization, as well as the current name of the “Division of Mental Health and Addiction Services” and the Division’s address. The change to the Division’s name reflects the merger of the former Division of Mental Health and the former Division of Addiction Services under the Fiscal Year 2010-2011 State Appropriations Act. Additionally, an outdated reference to N.J.A.C. 10:37-12, Children’s Partial Care Programs, is being removed because that subchapter was recodified within N.J.A.C. 10:191, Children’s Partial Care Programs, by the Department in 2007; and N.J.A.C. 10:191 was subsequently recodified to N.J.A.C. 3A:58 by the Department of Children and Families in 2017. Effective October 4, 2021; Technical Changes:  November 1, 2021.
  • On November 1, 2021, at 53 N.J.R. 1841(b), the Department of Human Services, Division of Medical Assistance and Health Services published a notice of readoption of N.J.A.C. 10:37E (Outpatient Service Standards) with technical amendments. The technical amendments include changes to update the current name of the “Division of Mental Health and Addiction Services” and changes to the Diagnostic and Statistical Manual of Mental Disorders (DSM). The change to the Division’s name reflects the merger of the former Division of Mental Health and the former Division of Addiction Services pursuant to the Fiscal Year 2010-2011 State Appropriations Act. The changes to DSM references include updates to the current DSM criteria by the American Psychiatric Association (APA), including elimination of the multi-axial system of diagnoses, and correcting a reference to the publishing entity of the DSM to the APA. Effective September 24, 2021; Technical Changes November 2, 2021.
  • On November 1, 2021, at 53 N.J.R. 1842(a), the Department of Human Services, Division of Medical Assistance and Health Services published a notice of readoption of N.J.A.C. 10:37F (Partial Care Service Standards) with technical amendments. The technical changes include changes to update the current name of the “Division of Mental Health and Addiction Services” and changes to the Diagnostic and Statistical Manual of Mental Disorders (DSM). The change to the Division’s name reflects the merger of the former Division of Mental Health and the former Division of Addiction Services pursuant to the Fiscal Year 2010-2011 State Appropriations Act. The changes to DSM references include updates to the current DSM edition and criteria by the American Psychiatric Association, including elimination of the multi-axial system of diagnoses. Effective September 24, 2021; Technical Changes November 2, 2021.
  • On November 1, 2021, at 53 N.J.R. 1843(c), the Department of Human Services, Division of Medical Assistance and Health Services published a notice of readoption of N.J.A.C. 10:58 (Nurse Midwifery Services) with technical amendments. The technical changes include: correcting all references to “Department of Health” to reflect the current name of that Department pursuant to P.L. 2012, c. 17; changing all references to “Medicaid/NJ FamilyCare” to reflect the preferred nomenclature of the program; changing references to “Health Maintenance Organization” to “Managed Care Organization”; correcting contact information for the DMAHS fiscal agent; and changing references to “Health Care Financing Administration” to “Centers for Medicare and Medicaid Services” to reflect the current name of the Federal agency. Effective September 24, 2021; Technical Changes November 2, 2021.
  • On November 1, 2021, at 53 N.J.R. 1846(a), the Department of Human Services, Division of Medical Assistance and Health Services published a notice of readoption of New Jersey Care … Special Medicaid Programs Manual. The Manual extends Medicaid eligibility to certain persons not eligible under the provisions at N.J.A.C. 10:69, AFDC-Related Medicaid, or 10:71, Medicaid Only. Effective September 28, 2028. The Department is preparing a notice of proposal with substantive amendments to this chapter to be published following this readoption, which is intended to prevent the chapter from expiring.
  • On November 1, 2021, at 53 N.J.R. 1852(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Psychological Examiners adopted an amendment of N.J.A.C. 13:42-8.1, regarding Client records: Confidentiality. The amendment requires that a licensee retain the permanent client record for at least 7 years from the date of last entry, unless otherwise provided by law. Records for minors must be kept for seven years from the date of last entry or until the client turns 25 years old, whichever is longer, unless otherwise provided by law.
  • On November 1, 2021, at 53 N.J.R. 1866(a), the Department of Health issued a public notice of receipt of petition for rule change to N.J.A.C. 8:39-43.10, approval of a nurse aid in long term care (LTC) facility training program and eligibility criteria for instructor/evaluators in training programs for LTC facility nurse aids. This would alleviate some difficulty in finding instructors for the training programs.
  • On November 1, 2021, at 53 N.J.R. 1868(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapists issue a public notice of receipt of petition for rulemaking that requests an amendment to N.J.A.C. 13:34-5.3 to change the name “American Association for Marriage and Family Therapy of New Jersey Inc., (AAMFT-NJ)” to the “New Jersey Association for Marriage and Family Therapy (NJAMFT). This name change was recommended to accurately identify the entity that can approve CE courses and programs.
  • On November 15, 2021, at 53 N.J.R. 1920(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board Chiropractic Examiners published a notice of readoption of N.J.A.C. 13:44E. Effective October 19, 2021.
  • On November 15, 2021, at 53 N.J.R. 1935(a), the Department of Health published a notice for rulemaking requesting certain amendments to N.J.A.C. 8:43G-1.2, Definitions and 4.1, Patient Rights. Specifically, the request is to amend the term “next of kin” and identify a hierarchy of individuals whom a hospital could contact to provide consent for a patient when the patient is unable to consent, has no next of kin, and has not designated an individual to make health care decisions on the patient’s behalf.

 

  •  On December 6, 2021, at 53 N.J.R. 1982(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners issued a proposal for a new rule at N.J.A.C. 13:35-6.20A for radiologist assistants performing procedures. The rules include definitions for various levels of supervision and permitted tasks within the scope of the license.
  • On December 6, 2021, at 53 N.J.R. 2008(a), the Department of Health issued a notice of readoption of Licensure Standards for Mental Health Programs with technical changes and recodification of N.J.A.C. 10:101 as N.J.A.C. 8:121. Effective Date:  October 20, 2021; Technical Changes December 6, 2021. The Department is making technical changes throughout N.J.A.C. 8:121 to update references throughout the chapter to the Department of Health licensing authority.
  • On December 6, 2021, at 53 N.J.R. 2013(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners adopted amendments, adopted a new rule and repealed a rule related to Surgery, Special Procedures, Anesthesia Services Performed in an Office Setting. The new rule permit APNs, midwives and PAs to perform abortion procedures to expand abortion access.  See amended N.J.A.C. 13:35-4A.1-4A.12, adopted new rule N.J.A.C. 13:35-4A.19; repealed N.J.A.C. 13:35-4.2. Effective December 6, 2021.
  • On December 6, 2021, at 53 N.J.R. 2050(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Respiratory Care adopted new rules regarding telehealth and telemedicine at N.J.A.C. 13:44F-11. Effective December 6, 2021.
  • On December 20, 2021, at 53 N.J.R. 2132(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy proposed to delete N.J.A.C. 13:34-2.2(a)6 to remove the requirement to submit a written plan of supervision as a precondition for licensure as an associate marriage and family therapist. In addition, the Board proposed to add N.J.A.C. 13:34-3.3(k) to specify that it is the responsibility of a qualified supervisor to create a written plan of supervision. In accordance with N.J.S.A. 45:8B-18.2, the proposed amendments to N.J.A.C. 13:34-2.2 and new 3.3(l), specify that the written plan for supervision of the licensed associate marriage and family therapist must be approved by the Board prior to the performance of counseling by the licensed associate marriage and family therapist. There was a 60 day comment period for the proposed rule.
  • On December 20, 2021, at 53 N.J.R. 2198(a) the Department of Health, Certificate of Need and Licensing Division, CN & Healthcare Facility Licensure Program readopted with technical amendments, N.J.A.C. 8:33C, the Rules for Regionalized Perinatal Services and Maternal and Child Health Consortia. Effective November 18, 2021, Technical changes December 20, 2021.
  • On December 20, 2021, at 53 N.J.R. 2199(a), the Department of Health, Certificate of Need and Licensing Division, CN & Healthcare Facility Licensure Program readopted with technical amendments to N.J.A.C. 8:39, Standards for the Licensure of Long Term Care Facilities. Effective November 18, 2021, Technical changes December 20, 2021. The technical amendments include changes to Department’s name and contact information and references to the change in name and contact information of the State Long Term Care Ombudsman’s Office.
  • On December 20, 2021, at 53 N.J.R. 2204(a), the Department of Health, Certificate of Need and Licensing Division, CN & Healthcare Facility Licensure Program readopted with technical amendments to N.J.A.C. 8:43F, Standards for Licensure of Adult Day Health Services Facilities. Effective November 18, 2021, Technical changes December 20, 2021.  The technical amendments include changes to the name of the Department/Division throughout the rules.
  • On December 20, 2021, at 53 N.J.R. 2208(a), the Department of Health, Certificate of Need and Licensing Division, published a final rule readopting the Standards for Licensure of Residential Substance Use Disorder Treatment (at N.J.A.C. 10:161A) as N.J.A.C. 8:111. This recodification of the standards from the Department of Human Services Chapter to the Department of Health Chapter is in furtherance of the reorganization of services under each Department.  Effective November 10, 2021, Technical changes December 20, 2021.
  • On December 20, 2021, at 53 N.J.R. 2222(a), the Department of Human Services, Division of Medical Assistance and Health Services, published a final rule readopting N.J.A.C. 10:64 (Hearing Aid Services) with technical changes relating to references to Medicaid/NJ FamilyCare and Gainwell Technologies (formerly UNISYS). Effective November 16, 2021, Technical changes December 20, 2021.
  • On December 20, 2021, at 53 N.J.R. 2224(a), the Department of Human Services, Division of Medical Assistance and Health Services, published a final rule readopting N.J.A.C. 10:67 (Psychological Services) with technical changes related to agency name and contact information nchanges. The chapter contains rules for related to the provision of psychological services to Medicaid/NJ FamilyCare beneficiaries by psychologists in private practice who are reimbursed on a fee-for-service basis but not for psychologists employed by the State, county or private psychiatric hospitals, independent clinics, or those psychologists who are employed by residential treatment centers under contract with a State agency.
  • On December 20, 2021, at 53 N.J.R. 2229(b), the Ophthalmic Dispensers and Ophthalmic Technicians adopted new final rules, amendments and repeals of rules in N.J.A.C. 8:33. The rules relate to the application for apprentice certificates, out of state dispenser applications, and reporting of unlawful conduct.  Effective December 20, 2021.

 Special thanks to Jessica Warwick, Law Student Intern

 

Category: State Regulatory Developments
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