Riker Danzig Health Care Update June 17, 2019

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Riker Danzig Health Care Update June 17, 2019
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New Jersey State: Selected Proposed and Adopted Legislation

S.1784 – Adopted – This statute provides Medicaid coverage for doula care.  For the complete statute, click here.

S. 3365 – Adopted – This statute establishes a perinatal episode of care pilot program in Medicaid that establishes a provider reimbursement model based on target total cost of care for services provided within a perinatal episode of care. For the complete statute, click here

S. 3378 – Adopted – This statue prohibits health benefits coverage for certain non-medically indicated early elective deliveries under Medicaid program, SHBP, and SEHBP.  For the complete statute, click here.  

S.3406 – Adopted – This statute requires obstetrical providers to complete the Perinatal Risk Assessment form, as used by the Department of Human Services, for each pregnant Medicaid recipient and for each individual eligible for Emergency Medical Services for Non-Qualified Aliens who receives prenatal care from the provider.   For the complete statute, click here

A. 2810 – Adopted – This statute directs a regulatory officer to implement a protocol for the review and approval of regulations, actions and decisions proposed by a professional board to determine whether the proposed regulation, action, or decision has the potential to displace competition. The bill is intended to maintain antitrust immunity after the United States Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission where the Supreme Court held that if a controlling number of a board’s members are active market participants in the profession the board regulates, then the board may invoke state-action antitrust immunity only if it is subject to active supervision by the state.   For the complete statute, click here.  

S. 10/A. 10 – Proposed –  Revises requirements to authorize and access medical cannabis. For the complete statute, click here

S. 3116 – Proposed – Requires certain facilities, such as dementia care facilities, nursing homes, hospitals, and long-term care facilities to undertake end-of-life planning and training as condition of licensure.  For the complete statute, click here.  

S.3641 – Proposed – This statute requires drug manufacturers to establish drug take back programs, which will accept the return of covered drugs for disposal or destruction, and requires certain pharmacies to become authorized collection sites for covered drugs. For the complete statute, click here

S. 3746 – Proposed – The bill prevents health insurance carriers limiting, reducing, or denying coverage for any drugs currently in use by a person covered under a plan, except in certain situations.    To the extent a switch occurs, the bill requires a switch communication to be provided, which must contain certain disclosures, including the right of a covered person to file an appeal.  For the complete statute, click here

A.5254 – Proposed – This statute permits a physician, who practices cardiology, upon application to and approval of the Department of Health, to refer a patient of the physician to an ambulatory care facility and permit the physician to bear full legal and medical responsibility for the medical treatment of the patient within the ambulatory care facility.  For the complete statute, click here.  

A. 5369/S.3816 – Proposed – The “Patient Protection Act” requires health care professionals, prior to obtaining consent to transfer a patient to a health care facility located outside the State, to provide the patient and the patient’s insurance carrier, with certain information. For the complete statute, click here.  

A. 5371  – Proposed –The bill makes it clear that economic loss, as defined in the “New Jersey Automobile Reparation Reform Act,” otherwise known as the “no-fault law,” may include economic loss for any uncompensated medical expenses, notwithstanding the longstanding interpretation of that definition in the statute to the contrary.  In so doing, the bill codifies the holding of the Appellate Division in the consolidated case of Haines v. Taft and Little v. Nishimura, 450 N.J. Super. 295 (App. Div. 2017).  For the complete statute, click here.  

A. 5406 – Proposed –  This bill enters New Jersey into Interstate Medical Licensure Compact, which would reduce the burdens required under telemedicine. For the complete statute, click here

New Jersey State: Selected Proposed and Adopted Regulation

Federal: Selected Proposed and Enacted Legislation

Federal: Selected Proposed and Adopted Regulations

The list above does not include every proposed or adopted legislation, litigation or guidance document that may impact the health care industry.  Instead, it includes only a select few chosen by the authors, and any information in this Update is not intended to provide legal advice.  If you are concerned that a proposed or adopted legislation, litigation or guidance document may impact your practice, then you should seek legal advice. We send these Updates to our clients and friends to share our insights on new developments in the law. Nothing in this Update should be relied upon as legal advice in any particular matter. © 2019 Riker Danzig Scherer Hyland & Perretti LLP.