It is that time of year for our regulatory update. Parts I and II will discuss proposed and adopted rules from the second half of last year to the first quarter of this year that impact healthcare providers in New Jersey, from drug donation programs, to new licensing rules for out-of-state practitioners, to the revocation of COVID-19 waivers that impact substance use disorder treatments.
The Department of Human Services (DHS) published 55 N.J.R. 1333(b), which readopted with amendments N.J.A.C. 10:76, the rules governing the provision of Programs of Assertive Community Treatment (PACT) services to New Jersey Medicaid and certain NJ FamilyCare-Plan A beneficiaries and NJ FamilyCare Alternative Benefit Plan beneficiaries. The amendments add requirements for PACT service providers, including, among others, having a valid National Provider Identifier, having a taxonomy code, and remaining in good standing.
The full text of the adopted rules may be accessed here.
Drug Donation Programs
The Department of Health (DOH), in consultation with the State Board of Pharmacy and the Division of Taxation, published 55 N.J.R. 1608(a), which proposed new rules regarding the process for authorizing drug donation programs. The rules authorize private entities to establish drug donation programs that would permit donors to donate over-the-counter drugs, prescription drugs, and administration supplies that would otherwise be destroyed, and the redistribution of such unused drugs and administration supplies to those persons who are most in need. Donors would be allowed a credit against taxes otherwise due pursuant to the New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1 et seq., or the New Jersey Corporation Business Tax, N.J.S.A. 54:10A-1 et seq.
The full text of the proposed rules may be accessed here.
Clinical Practice for Licensure, Electrical Percussive Devices, and Continuing Education
The Division of Consumer Affairs (DCA) published 55 N.J.R. 1621(a), which proposes amendments to its rules on application for licensure requirements and continuing education for those licensed by the Board of Massage and Bodywork Therapy. The proposed rules tighten requirements for licensure and continuing education requirements, and clarify the rule regarding the use of electrical percussive devices.
The full text of the proposed rules may be accessed here.
Temporary Help Service Firms that Make Designated Classification Placements
The DOH, in consultation with the Health Care Administration Licensing Board, published 55 N.J.R. 1814(a), which proposes new rules at N.J.A.C. 13:45B-12A, that governs temporary help service firms that make “designated classification placements.” The proposed rules are consistent with P.L. 2023, c. 10, enacted on February 6, 2023. The rules require certification to make designated classification placements, set forth certification fees, and subject temporary help service firms to the provisions of section 12 at P.L. 2023, c. 10 (N.J.S.A. 34:8D-12), which authorize the DOH to deny, suspend, revoke, or refuse to renew a certification to make designated classification placements.
The full text of the proposed rules may be accessed here.
Background Checks for Employees of Agencies Under Contract with the Division of Developmental Disabilities
The DOH published 55 N.J.R. 1830(a), which readopted with amendments N.J.A.C. 10:48A and added a new rule N.J.A.C. 10:48A-3.7, which governs requirements and procedures for background checks of employees of agencies under contract with the Division of Developmental Disabilities. The new rule 10:48A-3.7 gives an individual the right to petition for a hearing on the accuracy of the person’s criminal history record with the appropriate state or federal agency or court, consistent with P.L. 2017, c. 238, also known as Stephen Komninos’ Law.
The full text of the adopted rules may be accessed here.
Manual of Standards for Children’s Shelter Facilities and Shelter Homes
The Department of Children and Families published 55 N.J.R. 1873(a), which readopted without change N.J.A.C. 3A:53 that sets forth the manual of standards for Children’s Shelter Facilities and Shelter Homes. The Department determined that, without change, the rules continue to be necessary, proper, and reasonable for the purpose for which they were originally promulgated. The chapter sets forth general provisions, standards for providing a written statement of purpose and list of children’s rights, requirements for employment, program requirements and procedures for the meals and medical services provided by children’s shelter facilities and shelter homes, minimum structural safety standards, and practices and standards related to the transportation of children.
The full text of the adopted rules may be accessed here.
Midwifery Early Aspiration Abortion
The DCA published 55 N.J.R. 1983(a), which proposes new rule N.J.A.C. 13:35-2A.17A. The new rule would establish the requirements for certified nurse midwives (CNMs) and certified midwives (CMs) to perform early aspiration abortions. Pursuant to N.J.A.C. 13:35-4A.19, adopted in December 2021, a physician licensed to practice medicine and surgery in New Jersey may authorize an “advanced practice clinician” to perform “minor procedures” consistent with their respective scopes of practice and as addressed within their individual collaborating agreements. Proposed new rule 13:35-2A.17A sets forth the specific requirements for CNMs and CMs to perform early aspiration abortions pursuant to such authority. The proposed rule sets forth various coursework, clinical education, and experience requirements necessary to perform the procedure.
The full text of the proposed rule may be accessed here.
Psychiatric Residential Treatment Facility Services for Individuals Under Age 21
The DHS published 55 N.J.R. 2007(a), which readopted the rules at N.J.A.C. 10:75, Psychiatric Residential Treatment Facility (PRTF) Services for Individuals Under Age 21, which were scheduled to expire on November 30, 2023. The chapter provides general provisions, beneficiary and provider eligibility requirements, federal- and state-mandated program requirements, and billing procedures related to the provision of psychiatric residential treatment facility services to Medicaid/NJ FamilyCare beneficiaries and individuals enrolled in the Department of Children and Families’ Children’s System of Care who are under age 21.
The full text of the adopted rules may be accessed here.
Marriage and Family Therapy Supervision Through Technology-Assisted Media
The DCA published 55 N.J.R. 2014(a), which adopted with amendments N.J.A.C. 13:34-2.4 and 3.3, and adopted new rule N.J.A.C. 13:34-3.5, which concern the provision of marriage and family therapy supervision through technology-assisted media (telesupervision). The rules were adopted to address telesupervision, which was employed by some licensees in response to the COVID-19 pandemic. The amendments and new rule define telesupervision, mandate that supervisors who seek to provide telesupervision be appropriately trained, and establish certain telesupervision standards.
The full text of the adopted rules may be accessed here.
License Renewal Requirements for New Jersey and Out-of-State Physicians and Podiatrists
The DCA published 55 N.J.R. 2136(a), which repealed N.J.A.C. 13:35-3.3, adopted with amendments N.J.A.C. 13:35-3.14, and adopted new rules N.J.A.C. 13:35-3.14A, 3.14B, and 3.2, which concern the State Board of Medical Examiners’ (the Board) provision of licensing procedures for physicians and podiatrists. The rules are meant to effectuate the provisions of N.J.S.A. 45:1-7.1, 7.4, and 7.5, which establish standards for renewing, reinstating, and reactivating medical, osteopathic, and podiatric licenses. The amendments and new rules allow the Board to issue a license to an applicant licensed in another state with licensure standards substantially equivalent to the Board’s standards as long as the applicant has been practicing for at least two years within the five years prior to applying for a license. Additionally, the amendments, repeals, and new rules revise reactivation requirements for inactive licensees and reinstatement requirements for licensees who have a suspended license for failure to renew.
The full text of the adopted rules may be accessed here.
Partial Revocation of Temporary Rule Waiver/Modification/Suspension Pursuant to Executive Order Nos. 103 (2020), 281 (2022), and 292 (2022)
The DOH published 55 N.J.R. 2229(a), which revoked some temporary waivers, modifications, and suspensions under Executive Order (EO) Nos. 103, 281, and 292, which became effective due to the COVID-19 pandemic. The EOs concern take-home medication dosage, extended take-home medication, and take-home dosing and delivery guidelines in response to COVID-19. After due consideration, DOH determined that the temporary rule waivers/modifications should be revoked because they are no longer consistent with federal guidance governing the provision of services by opioid treatment programs (commonly referred to as “OTPs”) because the Substance Abuse and Mental Health Services Administration issued superseding, temporary guidance in April 2023, “Methadone Take-Home Flexibilities Extension Guidance,” which became effective upon the expiration of the Federal COVID-19 Public Health Emergency on May 1, 2023.
The full text of the rule may be accessed here.
In addition, the DOH published 55 N.J.R. 2229(b), which revoked some temporary waivers, modifications, and suspensions under EO Nos. 103, 281, and 292, which became effective due to the COVID-19 pandemic. The EOs concern the permission of telemedicine to replace on-site visits by health care practitioners, temporary operational waivers for home health agencies and hospice facilities, and ambulatory care facility mobile vans.
The full text of the rule may be accessed here.
Certification of Nurse Aides in Long-Term Care Facilities
The DOH published 55 N.J.R. 2258(a), which adopted with amendments N.J.A.C. 8:39-43.10. This amendment concerns the standards for certification of nurse aides in long-term care facilities (LTCFs). Specifically, the rule amends N.J.A.C. 8:39-43.10(m), which establishes the eligibility criteria for one to serve as an instructor or evaluator of nurse aides in an LTCF training program. These rules mirror the nurse aide instructor requirements that the Centers for Medicare & Medicaid Services have established, which are set forth at 42 CFR 483.152(a)(5). Further, the rule now permits the training of nurse aides to be performed pursuant to the general supervision of the director of nursing for the facility. Lastly, the amendment permits personnel from other health professions as identified at 42 CFR 483.152(a)(5)(iv) to supplement the instructor, provided that these supplemental personnel be required to have at least one year of experience in their respective fields.
The full text of the adopted rule may be accessed here.
[View source.]
