Regulatory Update, Including Federal Transparency Rules

For more information about this blog post, please contact Khaled J. KleleLatoya Caprice Dawkins, or Ryan M. Magee.

Federal Regulations

Pricing Transparency Rules:  As previously reported on November 22nd, we anticipated that the Department of Health would publish the transparency rules in the Federal Register on November 27th.  Today, the Department of Health published in the Federal Register the final Rule requiring hospitals to disclose pricing information and the proposed Transparency in Coverage Rule requiring insurers, among other things, to disclose cost-sharing information.    The final rule regarding hospital disclosures becomes effective January 1, 2021.   The proposed Transparency in Coverage Rule requiring health insurers to disclose cost-sharing information is open for public comment through January 14, 2020.

84 FR 64783 – Interim Final Rule – This interim final rule delays the inclusion of U.S. territories in the regulatory definitions of “States” and “United States” until April 1, 2022.  The territories include American Samoa, Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands. While a previous proposed rule sought to make this amendment effective by April 1, 2020, that date has been pushed back in response to delays in implementing Medicaid Management Information Systems (MMIS) in all of the included territories.  

New Jersey Regulations

51 N.J.R. 1691(b) – Final – This final rule authorizes orthotists, pedorthists, prosthetists, and their assistants to engage in telemedicine and telehealth.  The rule outlines the proper ways to establish a licensee-patient relationship and imposes standards of care consistent with standards applied to those same services when provided in-person.  The rule also imposes recordkeeping and data privacy standards for telemedicine providers.  This rule became effective November 18, 2019.

51 N.J.R. 1648(a) – Proposed – This proposed rule issued by the State Board of Dentistry provides amendments and new rules to enhance the safety of patients receiving dental services in New Jersey.  The updates emphasize training for licensed practitioners, provide guidance on appropriate sedation levels for procedures and require dentists to stay up-to-date on professional competencies through continuing education courses.  The proposed rules also impose more stringent criteria relating to the issuance and reinstatement of professional licenses and registrations necessary to practice dentistry. Comments are due by January 17, 2020.