July 22, 2022 | Comments Off on April-July 2022 State Regulatory Developments
Posted by Anjali Baxi
Below are the most recent health care related regulatory developments as published in the New Jersey Register in April-July 2022:
April 2022
- On April 4, 2022, at 54 N.J.R. 509(a), Governor Murphy issued an Executive Order updating and clarifying timeframes for requiring covered workers at health care facilities and high-risk congregate settings to be up-to-date with their COVID-19 vaccinations, including having received a booster shot. See Executive Order No. 290 (2022).
- On April 4, 2022, at 54 N.J.R. 511(a), Governor Murphy issued an Executive Order lifting the COVID-19 public health emergency. See Executive Order No. 292 (2022). Executive Order Nos. 111, 112, and 207 (2020), Nos. 252, 253, and 271 (2021), and Nos. 283 and 290 (2022) remain in full force and effect pursuant to the Disaster Control Act, N.J.S.A. App. A:9-33 et seq, except that any civil or criminal immunity related to the COVID-19 response bestowed by Executive Order No. 112 shall not be in effect.
- On April 4, 2022, at 54 N.J.R. 525(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Respiratory Care proposed to readopt the Board of Respiratory Care Rules in N.J.A.C. 13:44F with amendments. Following a thorough review in compliance with Executive Order No. 66 (1978), the Board determined that amendments were necessary to provide regulatory congruence and make practical and comprehensive updates to the Board’s rules. The Board believed that the rules proposed for readoption, as amended, were necessary, reasonable, understandable, and responsive to the purposes for which they were promulgated. See N.J.A.C. 13:44F.
- On April 4, 2022, at 54 N.J.R. 552(a), the Department of Community Affairs, Division of Codes and Standards released a notice of readoption for Continuing Care Retirement Community rules in N.J.A.C. 5:19. The rules are intended to enable the Department of Community Affairs to implement the Continuing Care Retirement Community Regulation and Financial Disclosure Act. See N.J.A.C. 5:19. Effective Date: March 8, 2022. New Expiration Date: March 8, 2029.
- On April 4, 2022, at 54 N.J.R. 620(b), the Department of Human Services, Division of Medical Assistance and Health Services adopted amendments to Transportation Services Rules. The chapter describes the policies and procedures of the New Jersey Medicaid/NJ FamilyCare program regarding transportation services. See N.J.A.C. 10:50.
- On April 4, 2022, at 54 N.J.R. 667(a), the Department of Health, Office of the Commissioner released a notice of grant availability, subject to fund availability, in the Department of Health Directory of Grant Programs.
- On April 18, 2022, at 54 N.J.R. 718(a), the Department of Law and Public Safety, Division of Consumer Affairs published a notice of readoption of N.J.A.C. 13:45B, which establish the standards for the regulation of personnel services. The chapter includes rules on employment agencies, health care service firms and placement of health care practitioners. Effective Date: March 14, 2022 until March 14, 2029.
May 2022
- On May 2, 2022, at 54 N.J.R. 771(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Pharmacy proposed new rules setting forth the requirements to allow a pharmacy to have licensed pharmacists and registered pharmacy technicians perform limited pharmaceutical functions at a location other than on the premises of a pharmacy. For example, pharmacists and pharmacy technicians may perform data entry of prescription medication information and refill authorizations. The Board believed that the proposed new rules will provide pharmacies greater flexibility in managing prescription processing operations. The proposed rules, however, do not allow the storing or dispensing of any medication from a remote location. The proposed new rules will ensure that any prescription processing functions performed at a remote location (that is, other than on the premises of a pharmacy) are performed by qualified and appropriately trained individuals pursuant to safeguards designed to protect the confidentiality of prescription and patient information. See proposed new rules N.J.A.C. 13:39-4A.
- On May 2, 2022, at 54 N.J.R. 780(b), the Department of Human Services, Catastrophic Illness in Children Relief Fund Commission adopted amendments regarding assistance to families with children’s medical expenses. Specifically, proposed amendments to time periods for measuring expenses and income. See adopted amendments N.J.A.C. 10:155-1.3 and 1.13.
- On May 2, 2022, at 54 N.J.R. 782(a), the Department of Law and Public Safety, Division of Consumer Affairs, Charities Registration Unit adopted amendments to require the most recent IRS filings, except for Schedule B (schedule of donors) to be included in initial and renewal registration statements. This eliminates the requirement to include a schedule of donors under Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021) and Americans for Prosperity Foundation v. Grewal No. 3:19-cv-14228-BRM-LHG (D.N.J. Oct. 2, 2019). Information for financial reports for the long form registration must now include a statement of functional expenses classified to include fundraising and also a statement of cash flows. Some sections have been reorganized and recodified. See N.J.A.C. 13:48-4.1, 4.3, 5.1, and 5.3. Effective May 2, 2022 and expires November 21, 2024.
- On May 2, 2022, at 54 N.J.R. 792(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners released a notice of action on petition for rulemaking regarding increasing social and cultural competence training for licensed professional counselors. The Board held that three hours of training is a minimum requirement, though three hours is consistent with best practices nationwide and in New Jersey. Additionally, the Board does not offer continuing education on any topic, but rather approves providers who review and present continuing education courses. Finally, the core curriculum of professional counselor training programs at higher learning institutions is set by nationally recognized accrediting agencies. Accordingly, the petition was denied.
- On May 16, 2022, at 54 N.J.R. 855(a), the Department of Health, Public Health Services Branch, Division of HIV, STD, and TB Services, Sexually Transmitted Disease Program proposed new rules regarding Expedited Partner Therapy in the wake of an act concerning treatment of sexually transmitted diseases. The Act, codified at N.J.S.A. 26:4-48.2 through 48.4, authorizes health care professionals to provide, “expedited partner therapy” (EPT), a harm reduction practice by which a health care professional, who diagnoses a patient as having a sexually transmitted infection (STI), provides treatment for the patient’s recent sexual partners without first conducting an examination of the partners. To implement EPT in New Jersey, the Act requires the DOH to develop, and make available to health care professionals in the State, informational materials and guidance concerning the safe and effective provision of EPT, as well as require the Department to establish standards for implementation of the Act, to identify the STIs for which EPT is appropriate, based on guidance from the Centers for Disease Control and Prevention (CDC) of the United States Department of Health and Human Services, and to develop informational materials directed toward health care professionals. The proposed new rules would implement the rulemaking obligations that the Act assigns to the Department. See proposed new rules N.J.A.C. 8:67.
- On May 16, 2022, at 54 N.J.R. 907(b), the Department of Human Services, Division of Mental Health and Addiction Services readopted rules that govern the provision of mental health services at inpatient psychiatric hospital units known as short-term care facilities (STCFs). The rules, which were scheduled to expire on May 21, 2022, delineate general requirements applicable to STCFs, including operational standards regarding admission, assessment, and service planning, provision of services, the termination, transfer, and referral of patients, administration and staffing, quality assurance activities, designation and re-designation, and determination of STCF bed need. Notably, the Department recognizes that while it is readopting these rules before expiration, further rulemaking may be necessary to update these rules to reflect current practices. See readopted rules at N.J.A.C. 10:37G.
- On May 16, 2022, at 54 N.J.R. 920(a), the Department of Health, Office of the Commissioner released a notice of postponement of certificate of need call for transplantation. The Department is in the process of gathering and evaluating data to determine whether there is currently a need for transplantation. Accordingly, it is necessary to delay the call for transplantation to allow the Department sufficient time to complete its evaluation of need and to provide potential applicants and affected parties sufficient time to respond appropriately to a certificate of need call notice in the event the Department determines that a call is appropriate.
- On May 16, 2022, at 54 N.J.R. 921(a), the Department of Human Services, Division of Aging Services, released a notice of request for applications for the Program of All-Inclusive Care for the Elderly (PACE) for Bergen and Passaic Counties (as one service area). The purpose of the notice is to solicit applications from eligible entities to establish a PACE program for Bergen and Passaic Counties. PACE is an innovative program that provides frail individuals age 55 and older with comprehensive medical and social services, coordinated and provided by an interdisciplinary team of professionals in a community-based center and in their homes, thereby helping the program participants delay or avoid admission to long-term care facilities. To participate in the program, an individual must be 55 years of age or older, meet clinical eligibility, be able to live safely in the community at the time of enrollment (with the help of PACE services), and must reside in the service area of the PACE program. REPLACED BY JULY 5, 2022 ISSUANCES 54 N.J.R. 1323(a) and 1332(a).
- On May 16, 2022, at 54 N.J.R. 930(a), the Department of Human Services, Division of Aging Services, released a notice of request for applications for the Program of All-Inclusive Care for the Elderly (PACE) for Middlesex County. The purpose of the notice is to solicit applications from eligible entities to establish a PACE program for Middlesex County. PACE is an innovative program that provides frail individuals age 55 and older with comprehensive medical and social services, coordinated and provided by an interdisciplinary team of professionals in a community-based center and in their homes, thereby helping the program participants delay or avoid admission to long-term care facilities. To participate in the program, an individual must be 55 years of age or older, meet clinical eligibility, be able to live safely in the community at the time of enrollment (with the help of PACE services), and must reside in the service area of the PACE program.
- On May 16, 2022, at 54 N.J.R. 930(a), the Department of Human Services, Division of Aging Services, released a notice of request for applications for the Program of All-Inclusive Care for the Elderly (PACE) for Somerset County. The purpose of the notice is to solicit applications from eligible entities to establish a PACE program for Somerset County. PACE is an innovative program that provides frail individuals age 55 and older with comprehensive medical and social services, coordinated and provided by an interdisciplinary team of professionals in a community-based center and in their homes, thereby helping the program participants delay or avoid admission to long-term care facilities. To participate in the program, an individual must be 55 years of age or older, meet clinical eligibility, be able to live safely in the community at the time of enrollment (with the help of PACE services), and must reside in the service area of the PACE program.
- On May 16, 2022, at 54 N.J.R. 949(a), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Marriage and Family Therapy Examiners, released a notice of receipt of petition for rulemaking in response to a petition for rulemaking requesting that the Board amend N.J.A.C. 13:34-13.1 to require that supervisors of licensed associate counselors be professional counselors licensed in New Jersey for at least three years and have an approved clinical supervisor certification. The existing rule requires that supervisors of licensed associate counselors have 4,500 hours of work experience subsequent to holding a clinical license to provide mental health counseling services, and that they have either an approved clinical supervisor credential from the Center for Credentialing and Education of the National Board for Certified Counselors, an equivalent supervisor credential recognized by their respective professional healthcare licensing board, or three graduate credits in clinical supervision from a regionally accredited institution of higher education. In addition to N.J.A.C. 13:34-13.1, petitioner’s request would require an amendment at N.J.A.C. 13:34-10.2, specifically altering the language to show that social workers should not be supervisors of associate counselors, thereby limiting eligibility to be a qualified supervisor of associate counselors to professional counselors.
June 2022
- On June 6, 2022, at 54 N.J.R. 959(a), Governor Murphy issued an Executive Order clarifying COVID-19 vaccine requirements for workers in health care and congregate settings. The order directs covered health care settings subject to the CMS rule to maintain a policy pursuant to Executive Order No. 283 (2022) that requires covered workers to provide adequate proof that they are up to date with their COVID-19 vaccinations according to the following schedule: (a) Unvaccinated covered workers must obtain their primary series of a COVID-19 vaccination pursuant to the timeframes set forth by CMS; and (b) All covered workers must provide adequate proof that they have received their first booster dose by April 11, 2022, or within 3 weeks of becoming eligible for their first booster dose, whichever is later. Additionally, covered health care settings not subject to the CMS Rule and covered high-risk congregate settings must maintain a policy pursuant to Executive Order No. 283 (2022) that requires covered workers to provide adequate proof that they are up to date with their COVID-19 vaccinations according to the following schedule: (c) Unvaccinated covered workers must obtain their first dose of the primary series of a COVID-19 vaccination by February 16, 2022; and (d) All covered workers must provide adequate proof that they are up to date with their COVID-19 vaccination by May 11, 2022; provided however, that as to having received their first booster dose, covered workers must provide adequate proof that they are up to date with their COVID-19 vaccinations by May 11, 2022, or within 3 weeks of becoming eligible for their first booster dose, whichever is later. See Executive Order No. 294 (2022).
- On June 6, 2022, at 54 N.J.R. 1082(a), the Department of Human Services, Division of Family Development issued a notice of administrative change whereby the Department adopted a new rule which increased the rate to be paid for Work First New Jersey/General Assistance individuals in residential care facilities to $1,051.05 monthly. This change became effective January 1, 2022, and is the same in both the amount and effective date as the change in the rate for the same services paid to recipients under the Federal program of Supplemental Security Income. See adopted rule N.J.A.C. 10:90-3.17.
- On June 6, 2022, at 54 N.J.R. 1082(b), the Department of Human Services, Division of Family Development issued a notice of administrative change whereby the Department adopted a new rule which changed the rate of the personal needs allowance (PNA) reserved by the owner or operator for Supplemental Security Income (SSI) recipients and Work First New Jersey/General Assistance recipients living in residential health care facilities and for SSI recipients living in boarding homes. The amended rate is in the amount of at least $ 126.00 per month provided that the rate of the total 2022 Federal Social Security cost-of-living increase is 5.9 percent. No owner or operator or agent thereof shall interfere with the recipient’s retention, use, or control of the personal needs allowance. This change became effective January 1, 2022, 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. See adopted rule N.J.A.C. 10:123-3.4.
- On June 6, 2022, at 54 N.J.R. 1105(a), the Department of Health, Office of the Commissioner released a notice of postponement of certificate of need call for home health care services. The Department is unable to provide sufficient advance notice to potential certificate of need applicants and interested parties to either prepare their respective certificate of need applications for home health care services or respond to such applications. The Department is in the process of gathering and evaluating data to determine whether there is currently a need for home health care services. Accordingly, the Department felt it is necessary to delay the call for home health care services to allow it sufficient time to complete its evaluation of need, and to provide potential applicants and affected parties sufficient time to respond appropriately to a certificate of need call notice in the event the Department determines that a call is appropriate
- On June 6, 2022, at 54 N.J.R. 1105(b), the Department of Health, Office of the Commissioner released a notice of action on petition for rulemaking. The Department denied the petition for rulemaking. The petitioner requested the Department amend N.J.A.C. 8:43G-1.2 to define the term, “next of kin,” as used at N.J.A.C. 8:43G-4.1(a)7, to include a close friend or other adult who is familiar with the patient’s health care preferences. The Department denied petitioner’s request to define the term “next of kin” and add it to the definition section at N.J.A.C. 8:43G. The Department stated that the term “next of kin” is generally understood to include a spouse or a blood relative, such as a parent, sibling, or offspring, and may include a relation by marriage. Additionally, the Department determined that absent the continuing judicial oversight created by a guardianship proceeding, the Department would exceed its authority to permit, by rulemaking, individuals who are not related by blood or marriage to make discharge and transfer decisions for a patient who is unable to provide consent. Finally, allowing an interested friend to authorize a patient’s discharge to a facility providing a less acute level of care would simply postpone the need for the appointment of a person with continuing decision-making authority with respect to the patient’s social, medical, and financial needs, when a patient is unlikely to return to full mental capacity.
- On June 20, 2022, at 54 N.J.R. 1117(a), the Department of Human Services, Office of Program Integrity and Accountability proposed amendments, repeals, and new rules to comply with the Department’s Fee-for-Service initiative, the Centers for Medicare and Medicaid Services’ guidelines for funding, Danielle’s Law, P.L. 2003, c. 191 (N.J.S.A. 30:6D-5.1–5.6), and Stephen Komninos’ Law, P.L. 2017, c. 238 (N.J.S.A. 30:6D-9.1 et seq., 30:6D-5.4, and 30:6D-74 et seq.). The notice of proposal constitutes the general physical and program requirements for community residences, also known as group homes, supervised apartments, or supported living, which are licensed by the Department to serve individuals with developmental disabilities. The rules set minimum requirements in the areas of general provisions and licensing procedures, organization and administration, advocacy and rights, service delivery/habitation, health and safety, and fire safety and physical environment. The Department feels that the rulemaking is necessary to implement the Department’s statutory mandate to license community residences for individuals with developmental disabilities. See proposed amendments N.J.A.C. 10:44A-1.1, 1.3, 1.4, 1.9, 1.10, 1.11, 1.12, 2.1 through 2.6, 2.9, 2.10, 3, 4.1, 4.2, 5.1, 5.2, 5.3, 5.4, 5.5, 5.7, 5.8, 6.1 through 6.10, and 6.12 through 6.17. See proposed repeals and new Rules: N.J.A.C. 10:44A-1.5, 1.6, 1.7, 1.8, 2.7, 2.8, 4.3, and 5.6. See proposed repeal: N.J.A.C. 10:44A Appendix.
- On June 20, 2022, at 54 N.J.R. 1137(a), the Department of Human Services, Office of Program Integrity and Accountability, proposed amendments to rules which establish minimum requirements for the provision of residential services to individuals with developmental disabilities residing in community care residences. The Department proposed amendments to update the rules to be consistent with best practices and to include provisions for the Fee-for-Service Initiative; the Centers for Medicare and Medicaid Services’ guidelines for funding; the Central Registry of Offenders against Individuals with Developmental Disabilities (N.J.S.A. 30:4D-77); P.L. 2017, c. 328 (an act concerning background checks and licensing of certain entities); Stephen Komninos’ Law (P.L. 2017, c. 238, an act placing requirements on adult developmental disability programs); and updated organizational changes. See proposed amendments N.J.A.C. 10:44B-1.3, 1.4, 1.5, 2.1, 2.2, 2.3, 2.4, 2A.1, 2A.2, 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 4.2, 5.1, 5.2, 6.1, 6.3, 6.4, and 6.5.
- On June 20, 2022, at 54 N.J.R.1146(a), the Department of Human Services, Office of Program Integrity and Accountability proposed amendments to comply with the Department’s Fee-for-Service initiative, the Centers for Medicare and Medicaid Services’ guidelines for funding Home and Community Based Services (42 CFR 441.300 et seq.), and Stephen Komninos’ Law, P.L. 2017 c. 238. The rules constitute the minimum requirements for community residences, also known as group homes or supervised apartments, for persons with head injuries (traumatic brain injuries) that are licensed by the Department. The purpose of the proposed amendments is to protect the health, safety, welfare, and human rights of persons who reside in these residences, and to allow such individuals to develop their fullest potential in an environment that is normalized and supportive. The proposed amendments provide for individualized delivery of services to persons served, the establishment and maintenance of a safe environment, the support and encouragement to undertake dignified risk, and the delineation of personal rights to protect them. The Department feels that the proposed amendments are necessary to implement the Department’s statutory mandate to license community residences for persons with traumatic brain injuries. See proposed amendments N.J.A.C. 10:44C-1.1, 1.3, 1.4, 1.7, 1.8, 1.9, 1.12, 2.1, 2.2, 2.4 through 2.10, 3.2, 3.3, 3.4, 3.6, 4.1, 4.2, 4.3, 4.4, 5.2, 5.5, 5.6, 5.7, 6.1, 6.2, 6.3, 6.5, 6.6, 6.9, 6.13, 6.14, and 6.15. See proposed repeal N.J.A.C. 10:44C-1.5.
- On June 20, 2022, at 54 N.J.R. 1168(a), the Department of Health, Division of Certificate of Need and Licensing issued a notice of readoption which readopted N.J.A.C. 8:33, Certificate of Need: Application and Review Process, which was scheduled to expire on June 18, 2022. The Department made technical changes upon readoption. References to the Department of Health and Senior Services are to be replaced throughout the chapter with the Department of Health pursuant to the renaming of the Department at P.L. 2012, c. 17. In 2012, N.J.S.A. 30:1A-14 transferred to the Division of Aging Services (DoAS), in the Department of Human Services, the powers and duties of the Department of Health and Senior Services that relate to the provision of programs or services for senior citizens, the New Jersey State Commission on Aging, the Division on Aging and Community Services, and any other division relating to senior benefits. The Department is developing rulemaking to revise, update, and reorganize existing N.J.A.C. 8:33, and anticipates filing this rulemaking with the Office of Administrative Law for processing in the ordinary course. However, the Public Health Emergency had necessitated the reallocation of Department personnel and resources to pandemic response activities, which resulted in the Department being unable to finalize the anticipated rulemaking prior to chapter expiration. See readoption with technical changes N.J.A.C. 8:33. Effective Date: May 4, 2022. New Expiration Date: May 4, 2029.
- On June 20, 2022, at 54 N.J.R. 1170(b), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Dentistry adopted an amendment which changes N.J.A.C. 13:30-8.18 to implement P.L. 2021, c. 54, which establishes the circumstances and conditions under which a health care practitioner must issue a prescription for an opioid antidote. In accordance with the new law, a licensed dentist must co-prescribe an opioid antidote whenever the dentist issues a prescription for an opioid drug that is a controlled dangerous substance and one of the following conditions exists: the patient has a history of substance use disorder, the prescription for the opioid drug is for a daily dose of more than 90 morphine milligram equivalents (MME), or the patient holds a current, valid prescription for a benzodiazepine that is a Schedule III or Schedule IV controlled dangerous substance. The statutory provisions differ from the Board’s original notice of proposal by requiring the prescription for an opioid antidote whenever an opioid drug is prescribed, instead of when the practitioner continuously prescribes a controlled dangerous substance for the management of chronic pain. Additionally, the new law requires the co-prescribing of an opioid antidote if the patient has a history of substance abuse and modifies the threshold for the morphine milligram equivalents to require the co-prescribing of an opioid antidote where the MME exceeds–rather than equals or exceeds–90 MME. The new law also provides that the prescriber is not required to issue more than one prescription for an opioid antidote to a patient per year but may do so, either upon the patient’s request or when the prescriber determines that there is a clinical or practical need for the additional prescription. To implement the new law, the Board is removing proposed new paragraph (h)8 (and the attendant technical change at paragraph (h)7) and to add new subsection (k). In addition, the Board is recodifying subsections (k) and (l) as new subsections (l) and (m), and changing recodified subsection (l) to reflect the addition of subsection (k). The Board is also changing subsection (a) to include a definition for the term “opioid antidote.” See adopted amendment N.J.A.C. 13:30-8.18.
- On June 20, 2022, at 54 N.J.R. 1171(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners, Electrologists Advisory Committee adopted amendments and new rules to the Electrologists Advisory Committee Rules. Such changes include (i) Purpose and Scope, (ii) Definitions, (iii) Licensing Requirements for Electrologist, (iv) Licensing Requirements for Electrology Instructor, (v) Application for License: Electrologist, (vi) Licensing Requirements for Office Premises, (vii) License Renewal; Reinstatement: Office Premises, (viii) Infection Prevention Standards, (ix) Posting of Licenses and Required Notices, (x) Examination Requirements; Reexamination, (xi) License Renewal: Electrologist and Electrology Instructor, (xii) License Reactivation: Electrologist and Electrology Instructor, (xiii) License Reinstatement: Electrologist and Electrology Instructor, (xiv) Unlicensed Practice, and (xv) Continuing Education; Programs; Standards See adopted amendments N.J.A.C. 13:35-12.1, 12.2, 12.6 through 12.13, 12.15, and 12.19. See adopted repeal and new rule N.J.A.C. 13:35-12.14. See adopted new rules: N.J.A.C. 13:35-12.10A, 12.14A, and 12.14B.
- On June 20, 2022, at 54 N.J.R. 1174(a), the Department of Law and Public Safety, Division of Consumer Affairs, New Jersey Board of Nursing, adopted an amendment which changes N.J.A.C. 13:37-7.9A upon adoption to implement P.L. 2021, c. 54, which establishes the circumstances and conditions under which a health care practitioner must issue a prescription for an opioid antidote. In accordance with the new law, a certified advanced practice nurse must co-prescribe an opioid antidote whenever the advanced practice nurse issues a prescription for an opioid drug that is a controlled dangerous substance and one of the following conditions exists: the patient has a history of substance use disorder, the prescription for the opioid drug is for a daily dose of more than 90 morphine milligram equivalents (MME), or the patient holds a current, valid prescription for a benzodiazepine that is a Schedule III or Schedule IV controlled dangerous substance. The statutory provisions differ from the Board’s original notice of proposal by requiring the prescription for an opioid antidote whenever an opioid drug is prescribed, instead of when the practitioner continuously prescribes a controlled dangerous substance for the management of chronic pain. Additionally, the new law requires the co-prescribing of an opioid antidote if the patient has a history of substance abuse and modifies the threshold for the morphine milligram equivalents to require the co-prescribing of an opioid antidote where the MME exceeds–rather than equals or exceeds–90 MME. To implement the new law, the Board is removing proposed new paragraph (f)8 (and the attendant technical change at paragraph (f)7) and to add new subsection (i). In addition, the Board is recodifying subsections (i) and (j) as new subsections (j) and (k), and to change recodified subsection (j) to reflect the addition of subsection (i). The Board is also changing subsection (a) to include a definition for the term “opioid antidote.” See adopted amendment 13:37-7.9A.
- On June 20, 2022, at 54 N.J.R. 1175(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Optometrists adopted an amendment which changes N.J.A.C. 13:38-2.5 to implement P.L. 2021, c. 54, which establishes the circumstances and conditions under which a health care practitioner must issue a prescription for an opioid antidote. In accordance with the new law, a licensed optometrist must co-prescribe an opioid antidote whenever the optometrist issues a prescription for an opioid drug that is a controlled dangerous substance and one of the following conditions exists: the patient has a history of substance use disorder, the prescription for the opioid drug is for a daily dose of more than 90 morphine milligram equivalents (MME), or the patient holds a current, valid prescription for a benzodiazepine that is a Schedule III or Schedule IV controlled dangerous substance. The statutory provisions differ from the Board’s original notice of proposal by requiring the prescription for an opioid antidote whenever an opioid drug is prescribed, instead of when the licensee continuously prescribes a controlled dangerous substance for the management of chronic pain. Additionally, the new law requires the co-prescribing of an opioid antidote if the patient has a history of substance abuse and modifies the threshold for the morphine milligram equivalents to require the co-prescribing of an opioid antidote where the MME exceeds–rather than equals or exceeds–90 MME. To implement the new law, the Board is removing proposed new paragraph (f)8 (and the attendant technical change at paragraph (f)7) and adding new subsection (i). In addition, the Board is recodifying subsections (i) and (j) as new subsections (j) and (k), and changing recodified subsection (j) to reflect the addition of subsection (i). The Board is also changing subsection (a) to include a definition for the term “opioid antidote.” See adopted amendment N.J.A.C. 13:38-2.5.
- On June 20, 2022, at 54 N.J.R. 1176(a), the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Polysomnography adopted new rules regarding telemedicine and telehealth. These include the purpose and scope, definitions, standard of care, licensee-patient relationship, provision of health care services through telemedicine or telehealth, records, prevention of fraud and abuse, and privacy and notice to patients. See N.J.A.C. 13:44L-7.
- On June 20, 2022, at 54 N.J.R. 1212(b), the Department of Health, Office of the Commissioner issued a notice of cancellation of certificate of need call for maternal and child health services. On February 4, 2019, the Department issued a certificate of need call for additional Intermediate and Intensive Bassinets in certain counties at 51 N.J.R. 178(a). The Department is in the process of reviewing the applications that were submitted in response to the February 4, 2019 call. Accordingly, the Department found it necessary to cancel the January 1, 2022 certificate of need call for regionalized perinatal services and maternal and child health consortia, in order to allow the Department sufficient time to complete the review of the applications submitted February 4, 2019 certificate of need call applications.
- On June 20, 2022, at 54 N.J.R. 1212(c), the Department of Law and Public Safety, Division of Consumer Affairs, Board of Marriage and Family Therapy Examiners issued a notice of action on petition for rulemaking, in which the Department denied a petition for rulemaking that requested the Board to amend N.J.A.C. 13:34-13.1 to require that supervisors of licensed associate counselors be professional counselors licensed in New Jersey for at least three years and have an approved clinical supervisor certification. Pursuant to N.J.A.C. 13:34-13.1(a), supervisors of licensed associate counselors must have 4,500 hours of work experience subsequent to obtaining a clinical license to provide mental health counseling services. They must also have either an approved clinical supervisor credential from the Center for Credentialing and Education of the National Board for Certified Counselors, an equivalent supervisor credential recognized by their respective professional healthcare licensing board, or three graduate credits in clinical supervision from a regionally accredited institution of higher education. Granting the petition would require amending N.J.A.C. 13:34-13.1(a) to require that supervisors of licensed associate counselors hold both a professional counseling license in New Jersey for at least three years and an approved clinical supervisor certification. Granting the petition would also require amending the definition of “qualified supervisor” at N.J.A.C. 13:34-10.2. The definition of “qualified supervisor” includes professionals licensed to practice professional counseling, marriage and family therapy, psychology, psychiatry, and social work. The petitioner states that the education and training social workers receive do not match the education and training required of a professional counselor and, therefore, social workers are not qualified to serve as supervisors of associate counselors. The petitioner does not address whether professionals licensed to practice marriage and family therapy, psychology, or psychiatry should be permitted to supervise associate counselors. However, the petitioner’s proposed amendment at N.J.A.C. 13:34-13.1 would limit eligibility to supervise associate counselors to professional counselors. Accordingly, granting the petition would require amending N.J.A.C. 13:34-10.2 to remove the references to marriage and family therapists, psychologists, psychiatrists, and social workers from the definition of “qualified supervisor.” The Board affirmed the Professional Counselor Examiners Committee’s decision to deny the petition.
July 2022
- On July 5, 2022, at 54 N.J.R.1299(a), the Department of Health, Health Systems Branch, Division of Certificate of Need and Licensing, Office of Health Care Financings readopted with amendments the Ambulatory Care Facility Assessment. Such changes include (i) Purpose and Scope, (ii) Definitions, (iii) Calculation of Assessments, (iv) Payment of Assessments, (v) Appeal of Assessment, (vi) Annual Report, (vii) Audit of Annual Report, and (vii) Penalties. See readoption with amendments N.J.A.C. 8:31A.
- On July 5, 2022, at 54 N.J.R. 1300(b), the Department of Human Services, Division of Mental Health and Addiction Services issued a notice of readoption regarding the rules at N.J.A.C. 10:35 which govern the provision of mental health services in county psychiatric facilities. The chapter applies to the operation of current county psychiatric facilities or units, and any additional county psychiatric facilities or units that may be so designated by the Department in the future. The rules delineate requirements, including financial and management plans, affiliation agreements, and transfer of patients between regional State and county psychiatric facilities, as well as sanctions and appeals processes for violations of the rules. While the Department is readopting these rules before expiration, it recognized that further rulemaking may be necessary to update these rules to reflect current practices. The Department will continue to review the rules and may consider making substantive amendments prior to the next scheduled expiration. In addition to readopting the existing rules, the Department proposed technical changes throughout N.J.A.C. 10:35. The technical changes include updating the names of county psychiatric facilities, to reflect a 2018 reorganization through which the State psychiatric hospitals were retained by and fall under the operation of the New Jersey Department of Health, and to ensure consistent use of terminology. See readoption with technical changes N.J.A.C. 10:35. Effective Date: May 27, 2022. New Expiration Date: May 27, 2029.
- On July 5, 2022, at N.J.R. 1301(a), the Department of Human Services, Commission for the Blind and Visually Impaired issued a notice of readoption regarding the rules at N.J.A.C. 10:94 which facilitate programing that allow for a range of services that intend to save sight and restore vision, whenever it is possible, for service recipients Statewide. The Department of Human Services (Department) recognized that further rulemaking is necessary to update this chapter to be consistent with best practices. To that end, the Department is considering substantive amendments to be published following this readoption. See readoption N.J.A.C. 10:94. Effective Date: May 31, 2022. New Expiration Date: May 31, 2029.
- On July 5, 2022, at N.J.R. 1302(a), the Department of Human Services, Division of Developmental Disabilities issued a notice of administrative change which announced that the family maintenance standard, medical cost standard, tuition deduction standard, and the cost of care and maintenance rates shall be utilized in the determination of eligibility and the contribution to care and maintenance of individuals residentially placed by the Division of Developmental Disabilities and their legally responsible relatives for the period beginning January 1, 2022. The approved calendar year 2022 patient payment per diem rate for State developmental centers is $ 1,283.00. The approved calendar year 2022 patient payment per diem rate for residential functional services is $ 384.00. These changes are effective January 1, 2022. See N.J.A.C. 10:46D-3.2.
- On July 5, 2022, at 54 N.J.R. 1323(a), the Department of Human Services, Division of Aging Services, released a notice of request for applications for the Program of All-Inclusive Care for the Elderly (PACE) for the Bergen County designated service area. This request for applications replaces the application that was published in the New Jersey Register at 54 N.J.R. 921(a). The purpose of the notice is to solicit applications from eligible entities to establish a PACE program for the Bergen County designated service area. PACE is an innovative program that provides frail individuals age 55 and older with comprehensive medical and social services, coordinated and provided by an interdisciplinary team of professionals in a community-based center and in their homes, thereby helping the program participants delay or avoid admission to long-term care facilities. To participate in the program, an individual must be 55 years of age or older, meet clinical eligibility, be able to live safely in the community at the time of enrollment (with the help of PACE services), and must reside in the service area of the PACE program.
- On July 5, 2022, at 54 N.J.R. 1332(a), the Department of Human Services, Division of Aging Services, released a notice of request for applications for the Program of All-Inclusive Care for the Elderly (PACE) for the Passaic County designated service area. This request for applications replaces the application that was published in the New Jersey Register at 54 N.J.R. 921(a). The purpose of the notice is to solicit applications from eligible entities to establish a PACE program for the Passaic County designated service area. PACE is an innovative program that provides frail individuals age 55 and older with comprehensive medical and social services, coordinated and provided by an interdisciplinary team of professionals in a community-based center and in their homes, thereby helping the program participants delay or avoid admission to long-term care facilities. To participate in the program, an individual must be 55 years of age or older, meet clinical eligibility, be able to live safely in the community at the time of enrollment (with the help of PACE services), and must reside in the service area of the PACE program.
- On July 18, 2022, at 54 N.J.R. 1392(a), the Department of Health, Public Health Services Branch, Division of Epidemiology, Environmental and Occupational Health, Consumer, Environmental, and Occupational Health Services, Public Health and Food Protection Program, adopted N.J.A.C. 8:27-11.2(a) without the language triggering a mandatory inspection by the local health authority following notification of an adverse reaction to a body art procedure. As proposed, N.J.A.C. 8:27-11.2(a) would have required the local health authority to conduct an inspection of a body art establishment every time that establishment submitted an adverse reaction notification pursuant to N.J.A.C. 8:27-4.6. Upon reconsideration, the Department concluded that a mandatory inspection by the local health authority following notification of an adverse reaction to a body art procedure unnecessarily removes discretion from the local health authority to not perform an inspection where one may not be warranted. In addition, the Department determined that mandatory inspections following notification of an adverse reaction may discourage body art establishments from reporting adverse reactions, depriving local health authorities of information that could reveal trends or patterns in connection with adverse reactions that would be valuable in identifying adulterated batches of pigments or supplies, for example. See readoption with amendments N.J.A.C. 8:27. See adopted repeals N.J.A.C. 8:27-4.3 and 4.7. See adopted repeals and new rules N.J.A.C. 8:27-8, 9.1, 11.1, and 11.5. See adopted new rules N.J.A.C. 8:27-4.1, 4.4, 4.8, 4.9 and 8:27 appendix.
- On July 18, 2022, at 54 N.J.R. 1408(a), the Department of Health, Public Services Branch, Division of HIV, STD and TB Services made non-substantial changes on adoptions to HIV Infection Reporting. Such changes include (i) the Department changing the definition of the term, “HIV-related laboratory result,” (ii) the Department adding a revision date for the referenced technical guidance, (iii) the Department providing additional mechanisms by which clinical laboratories may comply with mandatory reporting of HIV-related laboratory test results, and (iv) the Department requiring identification of a patient’s sex at birth and current gender identity, for consistency with CDC reporting requirements. See adopted recodification with amendments N.J.A.C. 8:57-2.1, 2.3, and 2.11 as 8:65-1.1, 1.3, and 3.2, respectively. See adopted new rules N.J.A.C. 8:65-1.2, 1.4, 2, 3.1, and 3.3. See adopted repeals N.J.A.C. 8:57-2.2, 2.4 through 2.10, and 2.12 and 8:57-2 appendices A through G.
- On July 18, 2022, at 54 N.J.R. 1415(a), the Department of Law and Public Safety, Division of Consumer Affairs, New Jersey Board of Nursing, adopted new rules to the Power of Attorney and Loan Ban. Such changes include (i) General Requirements of Licensure; License Renewal; Fee Schedule, and (ii) Homemaker-Home Health Aides. See adopted new rules N.J.A.C. 13:37-5.4 and 14.18.
- On July 18, 2022, at 54 N.J.R. 1416(a), the Department of Law and Public Safety, Division of Consumer Affairs published a notice of readoption of N.J.A.C. 13:44G, which establish the standards for the licensing, certification, and regulation of social workers and for the practice of social work. Effective Date: June 13, 2022. New Expiration Date: June 13, 2029.
Special thanks to Summer Associate Robert Tuzzio
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