Below is Part I of our New Jersey Regulatory Update focusing on regulations that were finalized in 2024 by various New Jersey agencies that impact healthcare. The final regulations range from additional transparency requirements for nursing homes to licensing relating to hearing aids and social workers.
Provision of Fee-for-Service Psychological Services to Eligible Medicaid/NJ FamilyCare Beneficiaries
On January 2, 2024, the New Jersey Department of Human Services (DHS) published 56 N.J.R. 37(a), which adopted amendments to N.J.A.C. 10:67-1.2, 1.3, and 3 as well as 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 providers obtain a federally required National Provider Identifier and valid taxonomy code for their provider type and updating the list of Healthcare Common Procedure Coding System procedure codes, their descriptions, and maximum fee amounts. The DHS also repealed N.J.A.C. 10:67-2.3, which addressed prior authorization requirements for psychological services, since prior authorization for psychological services is no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 rule may be accessed here.
Personal Assistance Services Program Rules
On February 20, 2024, the Department of Human Services (DHS) published 56 N.J.R. 261(a), which readopted with amendments N.J.A.C. 10:140 and repealed N.J.A.C. 10:140-6.2 and 7.3, which set forth rules for the Personal Assistance Service Program (PASP) for individuals with permanent physical disabilities.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 under PASP, the removal of the consumer’s spouse from financial determinations, and other minor substantive changes. The full text of the adopted rules may be accessed here.
Manual of Requirements for Residential Child Care Facilities
On March 18, 2024, 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 childcare 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 childcare 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
On March 18, 2024, the Department of Health (DOH), with the approval of the Health Care Administration Board, published 56 N.J.R. 433(a), which adopted new rules and concurrently proposed readoption of specially adopted new rules at N.J.A.C. 8:97 on Nursing Home Financial Transparency Reporting and National Health Care Safety Network Participation. The special adoption of 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. The 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 rule may be accessed here.
Harm Reduction Centers
On March 18, 2024, the DOH, in consultation with the Public Health Council, published 56 N.J.R. 409(a), which repealed existing rules and adopted new rules. The 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. The new rules provide eligible entities with instructions so they can establish harm reduction centers in accordance with the Bloodborne Disease Harm Reduction Act, N.J.S.A. 26:5C-25 et seq. A harm reduction center is 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 rule may be accessed here.
Contribution to Care and Maintenance Requirements
On April 1, 2024, the Department of Human Services, Division of Developmental Disabilities (Division) published 56 N.J.R. 481(b), which readopted with amendments the regulations at N.J.A.C. 10:46D. These rules set forth guidelines for determining the financial ability to contribute to cost of care of those individuals with disabilities receiving residential services from the Division and their legally responsible relatives. Specifically, Chapter 46D establishes criteria for whether those individuals and their relatives possess sufficient income, assets, resources, or estate to pay for or make payment toward the individual’s maintenance. The readoption renews the existing rules, and the amendments revise terms and typos and differentiate programs through the Division as compared to Medicaid fee-for-service in states that receive a federal match. The Division also clarified that in the calculation of the Treasury formula for contribution to care, minimum wage is determined by the state in which an individual works. Lastly, the Division changed the time required for compliance from 60 days to 90 days to reflect a statutory change at N.J.S.A. 30:4-25.9. The full text of the adopted rule may be accessed here.
Fingerprinting for Providers
On April 1, 2024, the DHS published 56 N.J.R. 483(a), which adopted new rules and amendments to regulations throughout N.J.A.C. 10:77. These rules provide requirements for fingerprint-based criminal history background checks for specified providers who treat children. The rules previously required background checks for providers of behavioral assistance services and of intensive in-community mental health rehabilitation services, including agency heads and all employees of those agencies who come into direct contact with children. The amendments and new rules expand those requirements and detail the processes for such fingerprinting through the DHS Office of Program Integrity and Accountability (OPIA) as well as continued flagging and renewal of reports of criminal history. The rules include requirements for, among other things, driver’s license renewal for employees who transport children, disqualification for employment based on specific crimes and offenses, and other considerations to safeguard integrity in these processes. All agency heads and staff who are required under the rules to undergo a fingerprint-based criminal history background check must complete fingerprinting through OPIA by April 1, 2026. The full text of the adopted rules may be accessed here.
Licensing Examination for Hearing Aid Dispensers
On April 15, 2024, the Division of Consumer Affairs, Board of Medical Examiners published 56 N.J.R. 602(a), which adopted amendments to N.J.A.C. 13:35-8.17. These rules provide examination requirements for licensure as a hearing aid dispenser. The amendments would expressly recognize that written examination applicants are required to pass the International Licensing Examination (ILE) given by the International Hearing Society along with the examination on laws and rules governing the practice of hearing aid dispensing, which the amendments title the jurisprudence examination. Lastly, an applicant must pass the jurisprudence examination within two years of passing the ILE, or else they have to retake the ILE. The full text of the adopted rules may be accessed here.
Licensed Clinical Social Worker Scope of Practice
On April 15, 2024, the Division of Consumer Affairs, Board of Social Work Examiners published 56 N.J.R. 602(b), which adopted amendments to N.J.A.C. 13:44G-3.1. These rules provide the scope of licensure of clinical social workers. The amendments were adopted to bolster P.L. 2019, c. 59, the Medical Aid in Dying for the Terminally Ill Act (Act), which permits an attending physician to write a prescription for medication that would enable a qualified, terminally ill patient to end his or her life. Under the Act, a patient must be determined to be capable to make healthcare decisions to receive medication to end his or her life. N.J.A.C. 13:44G-3.1 now recognizes that determining whether a terminally ill patient is capable and notifying a physician of this determination are within the scope of practice for licensed clinical social workers. The full text of the adopted rules may be accessed here.
Continuing Education Credit and Approval Entities for Social Workers
On April 15, 2024, the Division of Consumer Affairs, Board of Social Work Examiners (Board) published 56 N.J.R. 603(a), which adopted amendments to N.J.A.C. 13:44G-6.3, 6.4, and 6.7. These rules provide the continuing education rules for social workers. The amendments clarify requirements, remove outdated provisions, and recognize additional courses that may satisfy continuing education requirements. The amendments also require that applications for renewal of Board recognition be submitted by February 1 of every even-numbered year so that the Board has sufficient time to review such applications prior to the start of the biennial licensure renewal period, which is September 1. The proposed rules received various comments, but the Board published them without change. The full text of the adopted rules may be accessed here.