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10 August 2023

New Jersey Regulatory Update, Part I

RD
Riker Danzig LLP

Contributor

Riker Danzig LLP has served the business community for 140 years, with offices in Morristown and Trenton, New Jersey and in Midtown Manhattan. Riker Danzig is regional counsel, national defense counsel, and deal counsel to clients ranging from Fortune 500 corporations to middle-market businesses.
As we wind down the summer, we reflect on the past year regarding various regulations in New Jersey that impact healthcare and have become...
United States Food, Drugs, Healthcare, Life Sciences
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As we wind down the summer, we reflect on the past year regarding various regulations in New Jersey that impact healthcare and have become final. In this Part I, we identify eight such regulations.

Home Care Services Rules

On September 6, 2022, the New Jersey Department of Health and Human Services ("HHS") published 54 N.J.R. 1721(a), which adopted new rules with amendments to N.J.A.C. 10:60. The published regulation includes changes regarding the inclusion of Practitioner Orders for Life-Sustaining Treatment ("POLST") forms in N.J.A.C. 10:60-1.6, adding "practitioner" to Section 10:60-2.1(d)5i since other providers besides physicians can prescribe home health services, and requiring only the most recent nursing assessment to be retained in clinical records under N.J.A.C. 10:60-3.6(a)2i.

The full text of the final rule with comments and responses may be accessed here.

Abandonment of Application for Licensure or Certification of Social Workers

On September 19, 2022, the State Board of Social Work Examiners ("Board") published 54 N.J.R. 1818(a), which adopted a new regulation, N.J.A.C. 13:44G-4.7. There were no comments received, thus the regulation was adopted without change. The regulation sets forth the circumstances where an application for a license or certification submitted to the Board will be deemed abandoned. Under N.J.A.C. 13:44G-4.7(c), an individual whose application is closed pursuant to N.J.A.C. 13:44G-4.7(a) may reapply for licensure.

The full text of the final rule may be accessed here.

Continuous Quality Improvement Program for Pharmacies

On October 3, 2022, the State Board of Pharmacy adopted 54 N.J.R. 1916(a), which adds requirements for a pharmacy's continuous quality improvement ("CQI") program. Specifically, a pharmacy's CQI program must require the pharmacy permit holder to document that pharmacy personnel who did not attend a CQI meeting received the CQI meeting minutes and that the pharmacy permit holder has communicated any changes to policies and procedures resulting from a CQI meeting with those personnel affected by such changes.

The full text of the final rule may be accessed here.

Board of Respiratory Care Rules

Under 54 N.J.R. 1917(a), the Board of Respiratory Care readopted N.J.A.C. 13:44F with amendments. No comments were received and the regulation was readopted without change. The amendments to 13:44F-3.3 removed restrictions in subsection (c), which prohibited a licensee from authorizing an assistant to engage in patient care. The amendments under 13:44F-8.1 lowered the duplicate license fee from $50.00 to $25.00. Additionally, 54 N.J.R. 1917(a) added the requirement to 13:44F-8.5 that licensees provide the State Board of Respiratory Care with their business address, as opposed to the former general change in "address" requirement. Lastly, 54 N.J.R. 1917(a) amended 13:44F-10.2 to explicitly list each examination for which 10 continuing education credits are required to be completed by covered licensees.

The full text of the final rule may be accessed here.

License and Continuing Education Requirements for Psychologists

On November 7, 2022, the State Board of Psychological Examiners published 54 N.J.R. 2091(a), a final rule that adopted amendments to N.J.A.C. 13:42-4.1. There were no comments and the final rule was adopted without change. The amendments are meant to effectuate the provisions of P.L. 2020, c. 134. The amendments removed the provision which required that an applicant complete at least one year of professional experience subsequent to receiving a doctoral degree. The amendments also recognize that applicants may complete the required two years of professional experience under section (a) prior to receiving a doctoral degree.

The full text of the final rule may be accessed here.

Home and Community-Based Services Provided in Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs

On December 19, 2022, the New Jersey Department of Human Services published 54 N.J.R. 2389(a), a final rule which adopted new rules, N.J.A.C. 10:53. Chapter 53 is titled "Home and Community-Based Services Provided in Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs." As stated in N.J.A.C. 10:53-1.2, the purpose of the chapter is to implement waiver provisions for services provided in assisted living residences, comprehensive personal care homes, and assisted living programs to Medicaid/NJ FamilyCare beneficiaries, which supplement the licensing requirements included at N.J.A.C. 8:36. The new rules were adopted with non-substantial changes from the proposed rule. The rules set forth residential setting requirements and required notices.

The full text of the final rule may be accessed here.

Programs of Assertive Community Treatment Rules

On December 19, 2022, the New Jersey Department of Health ("DOH") published 54 N.J.R. 2391(a), which provided notice of the readoption of the rules at N.J.A.C. 10:37J, Programs of Assertive Community Treatment ("PACT"), which were scheduled to expire on January 25, 2023. The final rule readopts the regulation in addition to making technical changes which reflect the recodification and readoption of N.J.A.C. 10:190, Licensure of Mental Health Programs, as N.J.A.C. 8:121, licensing of such programs by the DOH pursuant to Reorganization Plans Nos. 001-2017 and 001-2018, and updates references to the Division of Mental Health and Addiction Services from the Division of Mental Health Services.

Subchapter 2 of N.J.A.C. 10:37J, Program Operation, specifies requirements regarding written policies and procedures, licensing, eligibility, program intensity, services to be provided and service coordination, assessment, recovery planning, progress notes, terminations and discharges, staff requirements and training, PACT team office space, records, and continuous quality improvement activities. The DOH noted that further rulemaking may be necessary to update these rules to reflect current practices.

The full text of the final rule may be accessed here.

Manual of Standards for Community Care Residences

On January 3, 2023, the New Jersey DOH published 55 N.J.R. 52(b), which set forth the rules to establish minimum requirements for the provision of residential services to individuals with developmental disabilities residing in community care residences. The final rule adopts amendments to subchapters of N.J.A.C. 10:44B. The amendments, among other things, redefine "abuse" and "neglect" to reflect the definitions in the Central Registry Statute (N.J.S.A. 30:4D-77), and redefines other terms as well. Under subsection 10:44B-1.4, any references to regional offices, the Division, and development agencies are replaced with the "placing agency," which is now the entity that handles the pre-inspection process. The other amendments include, among other things, changes to requirements for first aid and cardiopulmonary resuscitation training, drug testing, correction plans, lease agreements, and individuals' personal rights and funds.

The full text of the final rule may be accessed here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
10 August 2023

New Jersey Regulatory Update, Part I

United States Food, Drugs, Healthcare, Life Sciences

Contributor

Riker Danzig LLP has served the business community for 140 years, with offices in Morristown and Trenton, New Jersey and in Midtown Manhattan. Riker Danzig is regional counsel, national defense counsel, and deal counsel to clients ranging from Fortune 500 corporations to middle-market businesses.
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