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New Jersey Laws Update, Part II | McCarter & English, Limited

Part II of our New Jersey regulatory update details proposed and adopted regulations that could impact health care providers, from additional financial transparency rules affecting facilities to rules aimed at preventing patient isolation in long-term care facilities .

Transfers of involuntarily committed patients between state psychiatric facilities

The New Jersey Department of Health (DOH) published 55 NJR 2258(b), which was re-adopted with amendments and re-codified NJAC 10:36 at 8:135. These rules apply to patient supervision in psychiatric hospitals. The recodification and changes reflect the transfer of authority for these facilities from the Department of Human Services (DHS) to DOH to implement portions of Reorganization Plans No. 001-2017 and 001-2018. New NJAC Rule 8:135 amends prior NJAC Rule 10:36, a rule regarding the transfer of involuntarily committed patients between state psychiatric facilities. The new rule sets out requirements for supervision of patients in state psychiatric hospitals, including those with “special status,” as well as for the transfer of patients who have been involuntarily committed.

The full text of the adopted regulation can be found here.


Personal Assistance Services Program Policy

DHS published 56 NJR 261(a), which re-adopted NJAC 10:140 and repealed NJAC 10:140-6.2 and 7.3, which establishes the Personal Assistance Services Program (PASP) policy for persons with permanent physical disabilities. Rule changes reflect changes in the applicable statute, NJSA 30:4G. The amendments to NJAC 10:140 include, among other things, revising the definition, removing the 70-year age limit for PASP eligibility, and excluding the consumer’s spouse from financial arrangements.

The full text of the adopted rules can be found here.


Rehabilitation services for children

DHS published 56 NJR 483(a), which adopted amendments to NJAC 10:77-4.2, 4.9, 4.10, 4.14, 5.2, 5.9, and 5.14 and adopted new rules NJAC 10:77-4.15 and 5.15. Title 10, Chapter 77 sets out the rules governing rehabilitation services for children. The proposed changes and new regulations address fingerprint-based criminal background checks for specific providers and address agency staffing requirements, staff responsibilities, general provider recordkeeping requirements, and fingerprint-based criminal background check requirements.

The full text of the adopted rules can be found here.


Standards for counteracting social isolation of residents of long-term care facilities

DOH published 55 NJR 2271(a), which specifically adopted amendments and new rules in NJAC 8:36, Licensing Standards for Nursing Homes, Complex Personal Care Homes and Assisted Living Programs; NJAC 8:37, Licensing Standards for Dementia Nursing Homes; NJAC 8:39, Standards for Licensing Long-Term Care Facilities; and NJAC 8:43, Licensing Standards for Inpatient Health Care Facilities Located and Operated by Licensed Health Care Facilities. The amendments were adopted to codify the new statutory requirements set forth in N.J.S.A. 26:2H-12.97 et seq. (stage). Under the bill, DOH was directed to adopt emergency regulations to establish standards to prevent social isolation of residents of long-term care facilities. Through a special adoption, DOH adopted interim regulations to codify the requirements of the Act, which will remain in effect until September 21, 2024, or until the rules are submitted for public comment and readopted through standard rulemaking procedures. The policy outlines requirements for policies and procedures to prevent social isolation, including provisions for the acquisition and maintenance of technology, requirements for residents with disabilities that impede communication, individualized visitation plans, and financing.

The full text of the adopted rules can be found here.


Hospital financial transparency

DOH, with the approval of the Council on Health Care Administration, published 55 NJR 2235(b), which adopted as amended NJAC 8:96-1.2 and 9.1 and adopted new rules at NJAC 8:96-5, 6, 7, and 9.2 . The Rules address hospital financial transparency by establishing standards applicable to hospitals that the Department of Health licenses under the Health Care Facilities Planning Act, N.J.SA 26:2H-1 et seq., and to hospital owners. The regulations reference the 2014 Transparency Report, which included recommendations by the then-commissioner to require hospitals to disclose, report, and publish various financial and ownership information on their websites, with the DOH, and/or at public meetings. Subchapter topics include financial transparency of hospitals; ownership interests of hospitals, management companies and related organizations; the hospital’s business transactions with interested parties; sales, leases and other transfers of property; and penalties associated with non-compliance.

The full text of the adopted rules can be found here.


Guest rooms and guesthouses

The New Jersey Division of Consumer Affairs published 55 NJR 2381(a), which proposed amendments to NJAC 5:27-1.5, 1.6, 1.9, 2.1, 4.6, 4.7, and 6.1, and proposed new rules at NJAC 5:27-13.1, 13.1. . 2 and 13 section 3, rules governing accommodation and boarding facilities. Some rules apply to all boarding houses and boarding houses, and some apply only to Class F boarding houses and boarding houses, also known as cooperative sober living homes. Specifically, the proposed rules address maintenance requirements, temperature regulations, safety and security requirements, clarification of operational and staffing requirements, and other minimal changes.

The full text of the regulations is available here.


Provision of hormonal contraceptives by pharmacists

The state Board of Medical Executives (BME) and the Board of Pharmacy (BOP) jointly published 55 NJR 2384(a), which proposed new rules NJAC 13:35-6.28 and 13:35-6.28 Supplement, 13:39-14.1 through 14.7 and 13 :39-14 Annexes A through D. The BME and BOP jointly proposed these rules to implement PL 2023, c. 14.7 and 13:39-14. 2, which is codified at N.J.S.A. 45:14-67.9 (the Act). The bill authorizes pharmacists to provide self-administered hormonal contraceptives in accordance with standard procedures and protocols developed jointly by the BME and the BOP in consultation with the American College of Obstetricians and Gynecologists, the New Jersey Pharmacists Association, and other appropriate entities. Protocol requirements include, but are not limited to, completion of training programs by pharmacists, recordkeeping requirements, non-delegation policies, compliance with mandatory child abuse reporting obligations, and other restrictions and requirements on the provision of contraceptives.

The full text of the adopted rules can be found here.


Licensing standards for home health agencies

On December 18, 2023, DOH, in consultation with the Health Care Administration Licensing Board, published 55 NJR 55 NJR 2546(a), which adopted amendments and repealed and added new rules with the re-adoption of NJAC 8:42, which establishes standards licensing for home health agencies in New Jersey. The adopted regulations include: added definitions, extended policy update timelines, and clarified the addition of telehealth services to patient care.

The full text of the adopted rules can be found here.


Providing fee-based psychological services to eligible Medicaid/NJ ​​FamilyCare beneficiaries

DHS published 56 NJR 37(a), which adopted amendments to NJAC 10:67-1.2, 1.3, and 3 and proposed repeal of NJAC 10:67-2.3. Amendments to NJAC 10:67, Psychological Services include codifying the requirement for providers to obtain a federally required national provider identifier and a valid taxonomy code for the type of provider, and updating the Health Care System of Common Procedure Codes list of procedure codes and their descriptions and maximums. fee amounts. DHS also waived NJAC 10:67-2.3, which addressed prior authorization requirements for psychological services, because prior authorization for psychological services is no longer required.

The full text of the adopted changes can be found here.


Application for a permit to practice as a dentist

The State Board of Dentistry (Board) has published 56 NJR 315(a), which proposes to amend its regulations at NJAC 13:30-1.2 with respect to licensing requirements to practice dentistry, because the two-part examination cited in the existing rule at NJAC 13:30-1.2(b)4, (d)3, and (e)4 have been discontinued and replaced with a single integrated examination. Existing regulations require persons applying for a license to practice dentistry to successfully pass parts I and II of the National Board of Examinations (NBDE) dental examination. Part I of the NBDE was withdrawn in 2020 and Part II in 2022. These examinations were replaced by the Integrated National Dental Board (INBDE), which was launched on August 1, 2020. The Board proposes to amend NJAC 13:30 -1.2(b) 4, (d)3 and (e)4 to require applicants for a license to practice dentistry to provide documentation of successful completion of Parts I and II of the NBDE or INBDE.

The full text of the proposed rule can be found here.


Requirements Manual for Residential Child Care Facilities

The Department of Children and Families published 56 NJR 407(a), which re-adopts NJAC 3A:55, a policy that establishes standards for the inspection, evaluation, and approval of public and private child care facilities in New Jersey. The subchapters include, among others: definitions and types of residential facilities for children; procedures related to approval certificates; administrative requirements for child care facilities; physical facility requirements; staffing requirements; program requirements, including treatment and discharge plans; and health, medical and transportation requirements.

The full text of the adopted rules can be found here.


Nursing home financial reporting and participation in the national health care safety net

DOH, with the approval of the Board of Health Care Administration, published 56 NJR 433(a), which specially adopted new rules and simultaneously proposed to re-adopt the specially adopted new rules at NJAC 8:97, Implementing Nursing Home Financial Transparency Reporting and the National Health Care Safety Network Participation. Special Adoption NJAC 8:97 establishes standards implementing portions of the act approved January 18, 2022, P.L. 2021, c. 457, “(a)n the Nursing Home Act and Supplementing Title 26 of the Revised Statutes,” and providing for penalties and enforcement measures. At the same time, DOH proposed to re-adopt specially adopted new rules that establish, among other things, definitions, financial disclosure and reporting requirements for nursing homes, requirements for nursing homes to participate in and report to the National Health Care Safety Network, and enforcement measures.

The full text of the specially adopted rules can be found here.


Harm Reduction Centers

DOH, in consultation with the Public Health Board, published 56 NJR 409(a), which repealed existing regulations and adopted new ones. DOH repealed existing NJAC 8:63, Sterile Syringe Access Program Demonstration Project Rules, and adopted new rules at NJAC 8:63, Harm Reduction Centers (HRCs). The new rules provide instructions for qualified entities to establish HRCs in compliance with the Bloodborne Disease Harm Reduction Act, N.J.S.A. 26:5C-25 et seq. Harm Reduction Centers partner with the Harm Reduction Coalition, a community program that offers a safe, trauma-informed and non-stigmatizing space for people who use drugs to access naloxone, sterile syringes and other safer materials.

The full text of the adopted rules can be found here.

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