ARTICLE
29 August 2023

New Jersey Regulatory Update, Part IV

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.
On May 15, 2023, the Division of Consumer Affairs ("DCA") published 55 N.J.R. 989(a), which proposes new rules N.J.A.C. 13:42B, to implement P.L. 2019, c. 337 ("Act").
United States Food, Drugs, Healthcare, Life Sciences
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Part IV continues to address various regulations in New Jersey that impact healthcare.

Board of Applied Behavior Analyst Examiners Rules

On May 15, 2023, the Division of Consumer Affairs ("DCA") published 55 N.J.R. 989(a), which proposes new rules N.J.A.C. 13:42B, to implement P.L. 2019, c. 337 ("Act"). The Act created the Board of Applied Behavior Analyst Examiners and allows for the licensure and regulation of licensed applied behavior analysts and licensed assistant applied behavior analysts. The proposed new rules include, but are not limited to, licensing standards and requirements for initial licensure, renewal, suspension, reactivation, and abandonment of licenses, and many other requirements and standards for practice.

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

Licensed Clinical Social Worker Scope of Practice

On May 15, 2023, the DCA published 55 N.J.R. 1001(a), which proposed amendments to N.J.A.C. 13:44G-3.1, the rule which sets forth the scope of practice for licensed clinical social workers. The Board of Social Work Examiners proposed to amend N.J.A.C. 13:44G-3.1 to recognize that determining whether a terminally ill patient is capable and notifying a physician of this determination is within the scope of practice for licensed clinical social workers.

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

State Board of Medical Examiners: Licensing and Examination Requirements for Hearing Aid Dispensers Rules

On May 15, 2023, the DCA published 55 N.J.R. 988(a), which proposes amendments to N.J.A.C. 13:35-8.17, the rule that establishes examination requirements for licensure as a hearing aid dispenser. The Hearing Aid Dispensers Examining Committee ("Committee") proposed to amend N.J.A.C. 13:35-8.17 to: recognize that written examination applicants are required to pass the International Licensing Examination ("ILE") given by the International Hearing Society; recognize that the name of the examination on laws and rules governing the practice of hearing aid dispensing is the "jurisprudence examination"; and to delete the provision requiring a candidate to retake the written examination if he or she fails a section of the ILE. Lastly, the Committee proposed two new amendments to address passing the examinations: requiring that a candidate pass the ILE prior to taking the jurisprudence or practical examinations and requiring that an applicant pass the jurisprudence and practical examinations within two years of passing the ILE, otherwise retake the examination.

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

Office of Health Care Financing: Adjusted Admission Assessment for Hospitals

On June 5, 2023, the New Jersey Department of Health ("DOH") published 55 N.J.R. 1127(a), which proposed amendments to N.J.A.C. 8:31B-3.66, the rules requiring the DOH to assess general acute care and specialty heart hospitals a charge per adjusted admission and establishes an annual payment schedule and reporting requirements. The amendments are to implement the 2018 amendments to P.L. 2018, c. 116. The DOH proposes in the amendments, among other things, to make the assessment apply to rehabilitation and long-term acute care hospitals, in addition to its existing application to general acute care and specialty heart hospitals.

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

Provision of Fee-for-Service Psychological Services to Eligible Medicaid/NJ FamilyCare Beneficiaries

On June 5, 2023, the New Jersey Department of Human Services ("DHS") published 55 N.J.R. 1128(a), which proposed amendments to N.J.A.C. 10:67-1.2, 1.3, and 3, as well as proposed the repeal of N.J.A.C. 10:67-2.3. The DHS is proposing amendments to N.J.A.C. 10:67, Psychological Services, including codifying the requirement that the providers obtain a federally required National Provider Identifier ("NPI") and valid taxonomy code for their provider type and updating the list of Healthcare Common Procedure Code System ("HCPCS") procedure codes, their descriptions, and maximum fee amounts. The DHS is proposing the repeal of N.J.A.C. 10:67-2.3, which addresses prior authorization requirements for psychological services since prior authorization for psychological services is no longer required.

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

Mandatory Direct Care Staff-to-Resident Ratios

On June 19, 2023, the DOH published 55 N.J.R. 1249(a), which proposed amendments to N.J.A.C. 8:39-1.2 and 43.1 and 8:43E-3.4, and proposed new rule N.J.A.C. 8:39-25.3. The rules provide the standards for licensure of long-term care facilities. The DOH proposes to amend existing N.J.A.C. 8:39-1.2, Definitions, to add a definition of the term "direct care staff member." Proposed new N.J.A.C. 8:39-25.3, mandatory direct care staff-to-resident ratios, would implement the minimum staffing requirements of P.L. 2020, c. 112 (approved October 23, 2020, and effective February 1, 2021).

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

Rehabilitative Services for Children Rules

On June 19, 2023, the DOH published 55 N.J.R. 1292(a), which was readopted with amendments N.J.A.C. 10:77, Rehabilitative Services for Children. Part of the amendments will require providers to obtain a federally required National Provider Identifier ("NPI") number and valid taxonomy code for their provider type. Another amendment will require employees of agencies to provide proof of applicable current clinical licensure and driver's licenses and that all agencies shall adopt a policy requiring that any changes to an employee's driving or clinical license status be reported by the employee to the provider immediately.

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
29 August 2023

New Jersey Regulatory Update, Part IV

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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