Part II of our New Jersey Regulatory Update further identifies proposed and adopted regulations that may impact healthcare providers, from additional financial transparency rules impacting facilities to rules attempting to prevent 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 N.J.R. 2258(b), which readopted with amendments and recodified N.J.A.C. 10:36 as 8:135. These rules concern patient supervision at psychiatric hospitals. The recodification and amendments reflect the transfer of authority of these facilities from the Department of Human Services (DHS) to DOH to implement parts of Reorganization Plan Nos. 001-2017 and 001-2018. New rule N.J.A.C. 8:135 amends prior rule N.J.A.C. 10:36, the rule for the transfers of involuntarily committed patients between state psychiatric facilities. The new rule establishes the requirements for the supervision of patients in state psychiatric hospitals, including patients designated as having “special status,” and for transferring patients who have been involuntarily committed.
The full text of the adopted rule may be accessed here.
Personal Assistance Services Program Rules
DHS published 56 N.J.R. 261(a), which readopted with amendments N.J.A.C. 10:140 and repealed N.J.A.C. 10:140-6.2 and 7.3, which set forth rules for the Personal Assistance Services Program (PASP) for individuals with permanent physical disabilities. The changes to the rules reflect amendments to the corresponding statute, N.J.S.A. 30:4G. The amendments to N.J.A.C. 10:140 include, among other things, revisions to definitions, the removal of the 70-year age limit for eligibility to PASP, and the removal of the consumer’s spouse from financial determinations.
The full text of the adopted rules may be accessed here.
Rehabilitative Services for Children
DHS published 56 N.J.R. 483(a), which adopted amendments to N.J.A.C. 10:77-4.2, 4.9, 4.10, 4.14, 5.2, 5.9, and 5.14 and adopted new rules N.J.A.C. 10:77-4.15 and 5.15. Title 10 Chapter 77 sets forth the rules governing rehabilitative services for children. The proposed amendments and new rules relate to fingerprint-based criminal history background checks for specified providers and address staffing requirements for agencies, staff responsibilities, general provider recordkeeping requirements, and fingerprint-based criminal history background check requirements.
The full text of the adopted rules may be accessed here.
Standards for the Prevention of Social Isolation of Residents of Long-Term Care Facilities
DOH published 55 N.J.R. 2271(a), which specially adopted amendments to and new rules at N.J.A.C. 8:36, Standards for Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs; N.J.A.C. 8:37, Licensing Standards for Dementia Care Homes; N.J.A.C. 8:39, Standards for Licensure of Long-Term Care Facilities; and N.J.A.C. 8:43, Standards for Licensure of Residential Health Care Facilities Located with, and Operated by, Licensed Health Care Facilities. The amendments were adopted to codify new statutory requirements set forth at N.J.S.A. 26:2H-12.97 et seq. (the Act). Pursuant to the Act, DOH was directed to adopt emergency rules to establish standards for the prevention of social isolation of residents of long-term care facilities. Through the special adoption, DOH adopted temporary rules to codify the requirements of the Act, which will remain effective until September 21, 2024, or until the rules are proposed for public comment and readopted through standard rulemaking procedures. The rules set forth requirements for policies and procedures for social isolation prevention, including provisions regarding the acquisition and maintenance of technology, requirements for residents with disabilities that impede communication, individualized visitation plans, and funding.
The full text of the adopted rules may be accessed here.
Hospital Financial Transparency
DOH, with the approval of the Health Care Administration Board, published 55 N.J.R. 2235(b), which adopted with amendments N.J.A.C. 8:96-1.2 and 9.1 and adopted new rules at N.J.A.C. 8:96-5, 6, 7, and 9.2. The rules address hospital financial transparency, establishing standards applicable to hospitals that DOH licenses pursuant to the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq., as well as to owners of hospitals. The rules address a Transparency Report from 2014, with recommendations by the then-commissioner, to impose requirements on hospitals to disclose, report, and post various financial and ownership information to their websites, to DOH, and/or at public meetings. The topics of the subchapters include financial transparency of hospitals; ownership interests of hospitals, management companies, and related organizations; hospital business transactions with interested persons; sales, leases, and other transfers of property; and penalties associated with noncompliance.
The full text of the adopted rules may be accessed here.
Rooming and Boarding Houses
The New Jersey Division of Consumer Affairs published 55 N.J.R. 2381(a), which proposed with amendments N.J.A.C. 5:27-1.5, 1.6, 1.9, 2.1, 4.6, 4.7, and 6.1 and proposed new rules at N.J.A.C. 5:27-13.1, 13.2, and 13.3, the rules governing rooming and boarding houses. Some rules cover all rooming and boarding houses and some are applicable only to Class F rooming and boarding houses, also known as cooperative sober living residences. Specifically, the proposed rules address maintenance requirements, temperature regulations, safety and security requirements, clarification of operating and staff requirements, and other minimal changes.
The full text of the rules may be accessed here.
Furnishing of Hormonal Contraceptives by Pharmacists
The State Board of Medical Directors (BME) and the Board of Pharmacy (BOP) jointly published 55 N.J.R. 2384(a), which proposed new rules N.J.A.C. 13:35-6.28 and 13:35-6.28 Appendix, 13:39-14.1 through 14.7, and 13:39-14 Appendices A through D. BME and BOP jointly proposed these rules to implement P.L. 2023, c. 2, which is codified at N.J.S.A. 45:14-67.9 (the Act). The Act authorizes pharmacists to furnish self-administered hormonal contraceptives pursuant to standardized procedures and protocols jointly developed by BME and BOP in consultation with the American College of Obstetricians and Gynecologists, the New Jersey Pharmacists Association, and other appropriate entities. The protocol requirements include, among other things, the completion of training programs by pharmacists, recordkeeping requirements, non-delegation policies, compliance with mandatory child abuse reporting obligations, and other limits and requirements for furnishing the contraceptives.
The full text of the adopted rules may be accessed here.
Licensing Standards for Home Health Agencies
On December 18, 2023, DOH, in consultation with the Health Care Administration Licensing Board, published 55 N.J.R. 55 N.J.R. 2546(a), which adopted amendments and repealed and added new rules with the readoption of N.J.A.C. 8:42, which establishes licensing standards for home health agencies in New Jersey. The adopted rules, among other things, added definitions, lengthen the time frame for policy updates, and clarify the addition of telehealth services to patient care.
The full text of the adopted rules may be accessed here.
Provision of Fee-for-Service Psychological Services to Eligible Medicaid/NJ FamilyCare Beneficiaries
DHS published 56 N.J.R. 37(a), which adopted amendments to N.J.A.C. 10:67-1.2, 1.3, and 3, and proposed the repeal of N.J.A.C. 10:67-2.3. The amendments to N.J.A.C. 10:67, Psychological Services, include codifying the requirement that the providers obtain a federally required National Provider Identifier and valid taxonomy code for their provider type and updating the list of Healthcare Common Procedure Code System procedure codes and their descriptions and maximum fee amounts. DHS also repealed N.J.A.C. 10:67-2.3, which addressed prior authorization requirements for psychological services, since prior authorization for psychological services is no longer required.
The full text of the adopted amendments may be accessed here.
Application for Licensure to Practice Dentistry
The State Board of Dentistry (Board) published 56 N.J.R. 315(a), which proposes to amend its rules at N.J.A.C. 13:30-1.2, regarding the requirements for licensure to practice dentistry, because the two-part examination cited in the existing rule at N.J.A.C. 13:30-1.2(b)4, (d)3, and (e)4 has been discontinued and replaced with one integrated examination. The existing rule requires applicants for licensure to practice dentistry to successfully complete Parts I and II of the National Board Dental Examination (NBDE). Part I of the NBDE was discontinued in 2020 and Part II was discontinued in 2022. These tests have been replaced by the Integrated National Board Dental Examination (INBDE), which launched on August 1, 2020. The Board proposes to amend N.J.A.C. 13:30-1.2(b)4, (d)3, and (e)4 to require applicants for licensure to practice dentistry to submit documentation of their successful completion of either Parts I and II of the NBDE or the INBDE.
The full text of the proposed rule may be accessed here.
Manual of Requirements for Residential Child Care Facilities
The Department of Children and Families published 56 N.J.R. 407(a), which readopted N.J.A.C. 3A:55, the rules setting forth the standards for inspecting, evaluating, and approving publicly and privately operated residential child care facilities in New Jersey. The subchapters cover, among other things, definitions and types of children’s residential facilities; procedures related to certificates of approval; administrative requirements for residential child care facilities; physical facility requirements; staff requirements; program requirements, including treatment plans and discharge; and health, medical, and transportation requirements.
The full text of the adopted rules may be accessed here.
Nursing Home Financial Transparency Reporting and National Health Care Safety Network Participation
DOH with the approval of the Health Care Administration Board published 56 N.J.R. 433(a), which specially adopted new rules and concurrently proposed readoption of specially adopted new rules at N.J.A.C. 8:97, Implementing Nursing Home Financial Transparency Reporting and National Health Care Safety Network Participation. The special adoption to N.J.A.C. 8:97 establishes standards implementing the portions of an act approved on January 18, 2022, P.L. 2021, c. 457, “[a]n Act concerning nursing homes and supplementing Title 26 of the Revised Statutes,” and to provide enforcement penalties and remedies. DOH concurrently proposed to readopt the specially adopted new rules, which establish, among other things, definitions, nursing home financial disclosure and reporting requirements, requirements for nursing home participation in and reporting to the National Health Care Safety Network, and enforcement remedies.
The full text of the specially adopted rules may be accessed here.
Harm Reduction Centers
DOH in consultation with the Public Health Council published 56 N.J.R. 409(a), which repealed existing rules and adopted new rules. DOH repealed existing N.J.A.C. 8:63, Sterile Syringe Access Program Demonstration Project Rules, and adopted new rules at N.J.A.C. 8:63, Harm Reduction Centers (HRCs). The new rules provide eligible entities instructions so they can establish HRCs in accordance with the Bloodborne Disease Harm Reduction Act, N.J.S.A. 26:5C-25 et seq. Harm Reduction Centers work with the Harm Reduction Coalition, a community-based program that offers a safe, trauma-informed, non-stigmatizing space for people who use drugs to access naloxone, sterile syringes, and other safer-use supplies.
The full text of the adopted rules may be accessed here.
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