New Jersey Legislative Update Part I

This time of year, numerous bills get passed and approved by the New Jersey Legislative Branch and Governor. This year is no different. This update focuses on several bills impacting health care that have recently become law. We will issue another update that addresses other bills that have also become law.

Federal Regulatory Update

CMS Issues Final Rule on Adjusting DMEPOS Fee Schedule

86 FR 73860: Centers for Medicare & Medicaid Services (“CMS”) has issued a final rule establishing methodologies for adjusting the Medicare durable medical equipment, prosthetics, orthotics, and supplies (“DMEPOS”) fee schedule amounts. This final rule also classifies adjunctive continuous glucose monitors as durable medical equipment (“DME”) under Medicare Part B.

New Jersey Extends Equal Rates for Telemedicine

In our November 9, 2021 Health Care Law Update, we noted that Governor Murphy issued a conditional veto of S2559, which would require State and private insurers in New Jersey to pay for telemedicine services at the same rate as in‑person services. While Governor Murphy commended lawmakers’ efforts to expand access to telemedicine and telehealth, ultimately, he did not approve the bill due to fiscal concerns. 

Win for Providers – Somewhat

On December 10, 2021, President Biden signed the bipartisan Protecting Medicare and American Farmers from Sequester Cuts Act, delaying the impending Medicare pay cuts facing physicians in 2022. Specifically, the bill continues to exempt Medicare from sequestration, which is the process of automatic, across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals, until March 31, 2022.