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New Jersey Health Law Bulletin |
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Winter 2013 |
QUARTERLY SUMMARY OF STATE
LAW DEVELOPMENTS
- Hospital Repurposing
and Revitalization Tax Credit Act
- Out-of-Network
Reimbursement Settlement
- Requirement for
Presence of Anesthesiologists During Delivery of
Anesthesia by Nurses in Hospitals
- Governor Christie
Rejects State-Run Health Insurance Exchange
- Collaborative
Practice Arrangements Between Pharmacists and
Physicians
- Amendments to State
Board of Psychological Examiners' Rules
- Office of the
Insurance Fraud Prosecutor Recovers Approximately
$45 Million in Settlements Involving False Claims
Act Violations
QUARTERLY SUMMARY OF
FEDERAL LAW DEVELOPMENTS
- OCR Publishes
HIPAA/HITECH Omnibus Final Rule
- CMS Publishes Final
Sunshine Act Regulations
- CMS Issues Proposed
Rule Projected to Reduce Administrative Burdens and
Save Providers $676 Million Annually
- New FTC Clinical
Integration Advisory Opinion - Norman PHO
- OIG Okays Pre-Filled
Rx Forms
- OIG Permits Hospital
to Provide Physicians With Free Access to Electronic
Interface
- OIG Allows FQHC to
Offer Gift Cards to Encourage Visits to the Health
Center
- OIG Issues Favorable
Opinion on Co-Management Agreements
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Fall 2012 |
QUARTERLY SUMMARY OF STATE
LAW DEVELOPMENTS
- Changes Coming to
New Jersey Limited Liability Company Act
- Medication Disposal
Protocols for Health Care Facilities
- Increased Obligation
to Report Suspected Child Abuse
- Clarification of
Independent Contractor vs. Employee
- NJHA Petitions for
Employment of Physicians By General Business
Corporations
- Scope of
Confidentiality Under the Patient Safety Act
- Electronic
Prescriptions of Controlled Dangerous Substances
- Permissibility of
Medicated Contact Lenses
QUARTERLY SUMMARY OF
FEDERAL LAW DEVELOPMENTS
- OIG Finds
Improvements Are Needed at the ALJ Level of Medicare
Appeals
- Proposed Settlement
Will Expand Medicare's Coverage Rules for Chronic
Conditions
- DOJ and SEC Issue
Long Awaited FCPA Guidance
- FDA Issues Draft
Guidance Regarding an IRB's Responsibility
- OIG Okays Hospital's
On-Call Coverage Compensation Arrangement
- OIG Approves
Radiology Group's Proposal to Offer Free Insurance
Preauthorization Services
- OIG Okays Waiver of
Cost-Sharing Amount Based on Determinations of
Financial Need
- OIG Releases 2013
Work Plan
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Summer 2012 |
- New Stark Law
Guidance on Personally Performed Medical Services in
Hospitals
- Health System
Settles With Federal Government Over Allegations of
Medicare Fraud
- New Jersey
Department of Health Reorganization
- New Jersey Health
Benefit Exchange Act Reintroduced in Legislature
- Accountable Care
Organizations Approved in New Jersey
- CMS Relaxes Its
Controversial Rule Regarding Ordering and Referring
Providers
- LEGISLATIVE &
REGULATORY UPDATE
- New Jersey
Hospital Disclosure and Public Resource Protection
Act
- Provider Reporting to Motor Vehicle
Commission
- Healthcare Disclosure and Transparency Act
Reintroduced
- Suspension of Health Care Professional
Licenses for Improper
Medical Waste Disposal
- Designation of Surrogate for Incapacitated
Patients
- In-Network Hospital Notification of
Out-of-Network Providers
- Office of Inspector
General Advisory Opinion
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Spring 2012 |
- Medicinal Marijuana
Program Final Implementing Regulations
- Physician Order for
Life-Sustaining Treatment Form
- Hospitals Required
to Notify Patients of Independent Health Care
Appeals Program
- General Durable
Power of Attorney Act
- LEGISLATIVE &
REGULATORY UPDATE
- 44 N.J. Reg.
163(a) - Health Care Facility Infection Reporting
- 44 N.J. Reg. 151(a) - Registration Standards
for Surgical Practices
- 44 N.J. Reg. 274(b) - Internal and External
Health Care Appeals
Amendments
- S-958 - Pharmacy Sales of Syringes and
Needles Without a
Prescription
- 44 N.J. Reg. 276(a) - Proposed Amendments to
Managed Care
Regulations
- A-2171 - New Jersey Health Benefit Exchange
Act
- Office of Inspector
General Advisory Opinion
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Winter 2012 |
- Implementation of
the New Jersey Medicaid Electronic Health Record
Program
- Accreditation
Required for Advanced Diagnostic Imaging Suppliers
- Hospital Political
Activity May Not Affect Tax-Exempt Status
- Revalidation of CMS
Medicare Enrollment Form 855A
- LEGISLATIVE &
REGULATORY UPDATE
- Restrictions on
Purchase of Individual Health Benefit Plans
- Enrollment as Medical Supply Provider in New
Jersey Medicaid/
FamilyCare
- Use of Advanced Physical Agent Modalities by
Occupational Therapy
Assistants
- Health Benefits Plans - Claim Disputes and
Standard Forms
- Extension of Moratorium on Adult Day Health
Services Facility
Applications
- Patients' Rights in Ambulatory Surgical Centers
- Office of Inspector
General Advisory Opinions: Online Referral
Service Arrangement May Violate Anti-Kickback
Statute
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Fall 2011 |
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Summer 2011 |
- Certificate of Need
Required for Hospital-Based Obstetric and
Pediatric
Services
- Governor Signs Law Requiring Hospitals to Report
Injuries to Police
- Advanced Practice Nurses Permitted to Determine
Cause of Death
and Execute Death Certificates
- Certain Licensed Psychologists Permitted to
Prescribe Medications
- Governor Signs Law Requiring Distribution of
Statement of Assisted
Living Residents' Rights
- Requirements for Surgical Technologists
- Decrease of Minimum Corporation Business Tax
on Certain New
Jersey Subchapter S Corporations
- Office of Inspector
General Advisory Opinion:
Referral Services Involving Certain Electronic
Database Systems May Violate the Federal
Anti-Kickback Statute
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Spring 2011 |
- Regulations Proposed
to Regulate Accountable Care Organizations
- Physician Assistants
Are Entitled To Overtime Pay Mandated By The Fair
Labor Standards Act
- New Jersey Captive
Insurance Companies to be Licensed by Department of
Banking and Insurance
- Proposed New
Regulations to Extend Registration Requirements to
Small Surgical Practices
- LEGISLATIVE &
REGULATORY UPDATE
- Corporation Provided Right To Renounce Corporate
Opportunity Doctrine - New Standards for Electronic Prescribing Systems - Restriction of Botulinum Toxin Injections For
Minors - Professional Corporations Permitted to Use or
Register Alternate Names - Nursing Home Reimbursement Adjustment for Cost of
Energy Improvements - Corporate Directors Maintain Rights to
Indemnification Under Certain
Circumstances - Notice of Invitation for Certificate of Need
Applications: Proposed New
Hospital in Bergen County
- Office of Inspector
General Advisory Opinion:
Certain Transportation Arrangements Between
Hospitals and Physicians' Offices Do Not Violate
Anti-Kickback Statue
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Winter 2011 |
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New Jersey Supreme Court
Broadens Acceptable Affidavits of Merit in Medical
Malpractice Lawsuits
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New Jersey Appeals Court
Rules That Physician Assistants Cannot Perform EMG
Studies
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Deadline for
Physician-Owned Hospitals
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Limit on Tax Exempt
Status for Hospitals
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Facility Fees Not
Reimbursable
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Medical Residents Not
Exempt from Paying Taxes on Wages Earned
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Healthcare Transparency
and Disclosure Act Seeks to Regulate Out-of-Network
Insurance Market
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LEGISLATIVE & REGULATORY
UPDATE:
- New
Regulations for Dentists
- Amendments
to Hospital Licensing Standards
- No Coverage
for Those Injured Due to Their Own
- Loan
Repayment for Physicians and Dentists
- Additional
Discussion Required for Hospital Discharge
Procedures
- Continuing
Medical Education Credit Granted
Office
of Inspector General Advisory Opinions -
Arrangements Between Sleep Testing Centers and
Hospital-Owned Facilities Violate Anti-Kickback Statute
When Marketing Fees are Paid on "Per-Test" Basis
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~ 2008-2010
Bulletins |