Adoption of new ratio requirements for nursing facilities

On September 14, 2021, the Medical Assistance and Health Services Division adopted new rules codified under NJAC 10: 49A. NJAC 10: 49A applies to facility patient care ratio (“PCR”) requirements and establishes expense reporting and reimbursement requirements for nursing facilities that serve Medicaid recipients / NJ FamilyCare.

Under these new rules, care facilities will pay a rebate to the Department of Social Services in the event that less than 90 percent of the income received from the Department of Social Services and its contracted managed care organizations is used for care. of the individual of the entity. beneficiaries. The first reporting period to calculate the reimbursement will be in fiscal year 2022.

It should be noted that under this new rule, establishments must submit their PCR report no later than the first day of the sixth month following the end of the applicable reporting year. Individuals who own more than one facility must submit separate reports for each facility operated during the reporting year of the PCR. Likewise, facility owners who purchase another facility, or transfer ownership of another facility, during a PCR reporting year are required to submit information and reports for their newly acquired facilities, including for parts of the PCR reporting year that were prior to their acquisition of the facility.

Continuous quality improvement program proposed for pharmacies

The New Jersey State Board of Pharmacy is propose a new rule under NJAC 13: 39-1.9 to require each registered pharmacy licensee and responsible pharmacist to implement a continuous quality improvement (“CQI”) program to improve detection, identification and prevention of prescribing errors.

The proposed rule establishes the Board’s requirement for each registered pharmacy licensee and responsible pharmacist to implement ACQ and further sets out the requirements of the pharmacy policies and procedures manual with respect to ACQ. This proposed rule further provides that every licensee, registrant and permit holder has a duty to cooperate in any investigation, inspection or investigation by the Commission.

The comment period for the proposed rule ends on November 19, 2021.

Rules of reciprocity adopted for the committee of psychological examiners

In accordance with NJSA 45: 1-7.5, which governs standards for renewal, reinstatement and reactivation of psychology licenses as well as the ability of the Board of Psychological Examiners to license out-of-state practitioners, the NJ Board of Psychological Examiners adopted new rules September 14, 2021 following a lengthy notice and comment period beginning February 18, 2020. This recent administrative action has repealed and added certain provisions under NJAC 13: 42-5.3 and 10.17, and 10.18, and amended some other provisions under NJAC 13:42 -9.3, 10.4, 10.18 and 11.4.

Among other things, the new rule codified under NJAC 13: 42-5.3 allows the Board of Psychological Examiners to issue a license to an applicant if the Board determines that the state in which the applicant is licensed has licensing standards that are substantially equivalent to its own standards and which the applicant has practiced for at least two years during the five years preceding the license application. In addition, the new rule provides standards for determining whether a licensee is in good standing and whether an examination is substantially similar to that required by the Commission.

Additionally, this new rule repeals and replaces NJAC 13: 42-10.17 in order to update it to incorporate the license renewal requirements under NJSA 45: 1-7.1. The new wording defines the notification requirements for inactive licensees and clarifies the renewal process. Section 10.18 further develops the license reactivation process, including continuing professional education requirements and the possibility of an exam to ensure the practitioner’s competence and safety.

HIV, STD and TB Services Division

The New Jersey Department of Health’s Division of HIV, STD, and TB Services has issued a proposed rule September 7 seeking to amend NJAC 8:57 and 8:65 which govern reporting requirements for AIDS and HIV. The purpose of the proposed rule, in part, is to re-code the current NJAC 8: 57-2, (Reporting of Acquired Immunodeficiency Syndrome and Infection with Human Immunodeficiency Virus), as a new NJAC 8:65, (HIV Infection Reporting ), to reflect the administrative transfer of HIV services that the Ministry of Health provides from the Division of Epidemiology, Environmental and Labor Health to the Division of HIV, STD and TB Services. The Ministry of Health has also proposed certain modifications, repeals and new rules to these articles.

The changes to chapter 8:57 and subsequent changes to 8:65 are substantial. The Department of Health also provides a substantial reminder of the history of the rules and the reasons why such changes need to be made. In summary, the proposed rule provides the reporting requirements for HIV infections in terms of who, what and where to report, as well as the content of reporting and penalties for non-compliance. The proposed rule also incorporated substantial resources and texts by reference.

The comment period for the proposed rule ends on November 6, 2021.