NJ Health Law Bulletin 2011

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New Jersey Health Law Bulletin
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
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Will Expand Medicare's Coverage Rules for Chronic Conditions DOJ and SEC Issue Long Awaited FCPA Guidance FDA Issues Draft Guidance Regarding an IRB's Responsibility OIG Okays Hospital's On-Call Coverage Compensation Arrangement OIG Approves Radiology Group's Proposal to Offer Free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
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
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
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
Fall 2011
Implementation of Medicaid Recovery Audit Contractor Program Adoption of Patient Safe Handling and Violence Prevention Rules Enactment of Medicaid ACO Demonstration Program Implementation of Universal Transfer Form LEGISLATIVE & REGULATORY UPDATE - Required Disclosures by Health Care Professionals - Provision of Influenza Vaccination of Health Care Workers - Reuse of Prescription Drugs - Practice of Respiratory Care - Infection Reporting for Ambulatory Surgery Facilities - MRSA Infection Prevention Programs - Proposed Amendments to health Maintenance Organizations and Health Care Quality Act Rules Office of Inspector General Advisory Opinion: Arrangement Between Medical Equipment Supplier and Skilled Nursing Facility May Violate Anti-Kickback Statute
Summer 2011
Proposed Registration and Licensure Requirements for Single-Suite Surgical Centers Designation of Surrogates and Decision Making Process for Patients Without Surrogates Demonstration Project to Improve Care Coordination for Medicare Patients Department of Health and Human Services Proposes Changes to HIPAA Privacy Rule LEGISLATIVE & REGULATORY UPDATE - 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
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
Winter 2011
New Jersey Supreme Court Broadens Acceptable Affidavits of Merit in Medical Malpractice Lawsuits New Jersey Appeals Court Rules That Physician Assistants Cannot Perform EMG Studies Deadline for Physician-Owned Hospitals Limit on Tax Exempt Status for Hospitals Facility Fees Not Reimbursable Medical Residents Not Exempt from Paying Taxes on Wages Earned Healthcare Transparency and Disclosure Act Seeks to Regulate Out-of-Network Insurance Market 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
	~ 2008-2010 Bulletins