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New Jersey Health Law Bulletin
 Summer 2010
  • Joint Commission Revises Medical Staff Standard

  • Notice to Patients of Out-of-Network Referrals

  • Proposal to Criminalize Waiver of Insured’s Deductible or Copayment

  • Initiatives to Streamline Physician-Insurer Interaction

  • Proposed Moratorium On New Outpatient Radiation Oncology Services

  • Standard for Summary Decisions in Professional Misconduct Proceedings

  • Call Center for Purposes of Insurance Pre-Authorization

  • LEGISLATIVE & REGULATORY UPDATE
    - Establishment of Offender Registry
    - Affidavits of Merit
    - Continuation of Health Insurance Coverage
    - Online Brochure About Bone Marrow Donation
    - Gross Income Tax Deduction for New Physicians

  • NJ Proposes to Require Billing of Medicare Beneficiaries Within 90 Days

  • Electronic Medical Record Initiative

 Spring 2010

     SPECIAL LEGISLATIVE EDITION

  • Assignment of Benefits

  • New Jersey False Claims Act Revised

  • Electronic Prescriptions Permissible

  • Uniform Billing Requirements for ASCs

  • Medical Marijuana Act

  • Transfer of Mentally Ill Patients from Emergency Department

  • Medical Clearance Criteria

  • Chiropractor Scope of Practice

  • Assessment of Statewide Behavioral Health Facilities

  • Evoked Potentials and Nerve Conduction Studies

  • Protection for Employees Providing Volunteer Emergency Services

  • Prohibition of Asset Recovery

  • Protection for Pharmacists

  • Enhanced Investigative Authority of Division of Consumer Affairs

  • Continuing Education Requirements for Dentists

  • Reporting of Abuse

  • Increase in Medicaid Reimbursement

  • Rate Changes for Medical Malpractice Liability Insurance

  • License Revocation for Employers

  • Regulatory Freeze

 Winter 2010
  • Appellate Division Affirms Decision in Controversial ASC Case

  • Hospital Safety Information Available to Public

  • Need for Clarity in Physician Explanations of Medical Procedures

  • Nursing Home Amendments Create Private Right of Action for Residents

  • LEGISLATIVE & REGULATORY UPDATE
    - Hospital Trustee Training
    - New Requirements for Emergency Care to Sexual Assault Victims
    - New Reporting Requirements for Health Care Professionals
    - Health Care Professionals May Be Required to Provide Voluntary
        Medical Services
    - Protection for the Mentally Ill

  • Garfunkel, Wild & Travis, P.C. Re-named to Garfunkel Wild, P.C.

  • Steven Gorelick Joins GW as Litigation Partner

 Summer 2009
  • Health Care Providers Exposed to Greater Liability Under False Claims Act Amendments

  • Hospital Ordered to Disclose Patient Records in EMTALA Case

  • A Limit on Fishing for Overpayments

  • More Incentive for Whistleblowers

  • Pending Appeal Offers Clarification of “Effective Communication”

  • LEGISLATIVE & REGULATORY UPDATE
    - Proposed Conflicts Legislation Poses New Obligations for Hospital Boards
    - New Hospital Safety Information Available to Public
    - Nursing Homes Required to Replace Mattresses
    - Clarification of the Scope of Practice of Audiology

Spring 2009
  • OIG Determines Certain Returns On Investment Interests In a Medical Practice Are Acceptable
  • Striking Nurses Entitled to Unemployment Benefits
  • Prevention of Fraud, Waste and Abuse in the Medicaid Program
  • OIG Narrows Physician Self-Disclosure Protocol
  • Governor Corzine Signs Codey Law
  • LEGISLATIVE & REGULATORY UPDATE
    - American Recovery and Reinvestment Act Broadens HIPAA Rules
    - Patient Safety Act Now Effective As To All Licensed Health Care Facilities
    - Audiology and Speech-Language Pathology
Winter 2009
  • Uniform Billing and Reporting Now Required for ACFs
  • Amendment to Codey Law Moves Quickly Through Legislature
  • Proposed Regulations Under Identity Theft Prevention Act
  • LEGISLATIVE & REGULATORY UPDATE
    - Dental Hygienist Permitted to Administer Anesthesia
    - Lower Provider Reimbursement for Behavioral Health Services
    - Medical Marijuana
    - Health Services Inventory
  • Raymond P. Mulry Named Partner at GW
Fall 2008
  • Governor Signs Legislation to Ensure Viability of New Jersey Hospitals
  • Third Circuit Refuses to 'Rush in Where Angels Fear to Tread'
  • Joint Commission Issues Standards Aimed at Reducing Disruptive Acts by Hospital Personnel
  • Hospitals No Longer Permitted to Bill Medicare for Their Mistakes
  • IRS Releases Final Instructions for Redesigned Form 990
  • LEGISLATIVE & REGULATORY UPDATE
    - Proposed Regulations for Emergency Care
    - Outpatient Mental Health Reimbursement
    - Proposed Codey Law Amendments
    - Deficit Reduction Act in New Jersey
    - DHSS Proposes Regulations to Implement Trustee Training Program
Summer 2008
  • NJ Supreme Court Landmark Decision May Affect Hospital Property Tax Exemptions
  • Governor Corzine Appoints Medicaid Inspector General
  • Senate Passes Legislation in Response to Reinhardt Report
  • DHSS Proposes Rules Governing Hospital Reporting of HAIs
  • Governor Corzine Signs Health Care Stabilization Fund Act into Law
  • LEGISLATIVE & REGULATORY UPDATE
    - Immunity for Certain Volunteer Physicians
    - MCOs to Pay Claims Based on Assignment of Benefits
    - New Rules for Advanced Practice Nurses
    - Proposed Bill May Subject ACFs to Double Tax
Spring 2008
  • Pending Legal Changes to Affect Physician Referrals to Ambulatory Surgical Centers
  • Nonprofit Sector Panel Issues Principles for Good Governance
  • CMS Final Rule Impacts Diagnostic Testing Arrangements
  • Governor Corzine Signs Violence Prevention Legislation
  • Safe Patient Handling Act Signed into Law
  • LEGISLATIVE & REGULATORY UPDATE
    - HCAB Approves Patient Safety Rules
    - Legislature Passes False Claims Act
    - HIV Testing Required
    - Hospitals Must Report Infection Rates
    - Non-Profits Exempt from Pay-to-Play
    - Temporary Restraint on Litigation for MIIX Liquidation
  • Final Commission Report Released on Rationalizing Health Care Resources
 

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