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Healthcare Law Blog

New Jersey Legislative Update

February 8, 2023

For more information about this blog post, please contact Khaled J. KleleRyan M. MageeRyan L. O’NeillConnor BrezaWilliam R. Meiselas or Labinot Alexander Berlajolli.

Below are recent statutes that have been approved and are now law in the State of New Jersey that impact the healthcare industry in New Jersey including new requirements on embryo storage facilities and a reduction in the amount of fees certain providers can charge for copying medical records.

New Jersey Approves Bill Requiring Embryo Storage Facilities to Comply with HIPAA and Federal Health Information Reporting Requirements

Approved Bill A2021 amends N.J.S.A 26:2A-25 to require, as a condition of continued or new licensure, that embryo storage facilities record or report the health information of a patient in a manner that is compliant with the Health Insurance Portability and Accountability Act of 1996 and other requirements adopted by the U.S. Department of Health and Human Services with respect to functions, technological capabilities, and security features within the program.

Bill Amends EMS and Mobile Integrated Health Program Requirements

The New Jersey Legislature approved Bill A4107 amending N.J.S.A 26:2K-7-17. The bill made various changes to emergency medical services (“EMS”), established the position of State Emergency Medical Services Medical Director in the Office of Emergency Medical Services in the Department of Health (“DOH”), and required the DOH to establish a mobile integrated health program.

Under the bill, the Commissioner of Health is required to appoint a State EMS Medical Director to the Office of Emergency Medical Services and the bill further sets forth the requirements for the role. The bill further provides that the existing mobile intensive care advisory council must:

(1) advise the DOH on all matters of advanced life support;

(2) directly provide recommendations to the commissioner for clinical updates;

(3) annually review advanced life support scope of practice;

(4) be chaired by the State Emergency Medical Services Medical Director;

(5) establish new by-laws; and

(6) select a vice-chair from among its members.

Additionally, the bill amends section 2 of N.J.S.A 26:2K-8 to provide that a mobile intensive care paramedic must obtain licensure from the commissioner to provide advanced life support, instead of certification, as is currently required under existing law.

New Jersey Reduces Fees for Medical Record Copies from Hospitals and Health Care Professionals

The New Jersey Legislature approved Bill S2253 amending N.J.S.A. 26:2H-5n. The bill modifies the limits to the fees for copies of medical and billing records chargeable to patients and the legally authorized representatives of patients by hospitals and health care professionals licensed by the Board of Medical Examiners by reducing the current $200 cap on per-page fees down to $50. The bill further provides that the revised cap applies regardless of the method used to store the record (e.g. microfilm or microfiche). The current requirement that no search fee may be charged to a patient who is requesting the patient's own record has not been changed by this bill.

New Jersey Modifies Medicaid Eligibility Redetermination Requirements

The New Jersey Legislature approved Bill S2118 which provides for annual Medicaid eligibility redeterminations. Specifically, the bill requires the following actions:

  1. The Division of Medical Assistance and Health Services in the Department of Human Services or a county welfare agency must conduct eligibility redeterminations for Medicaid and NJ FamilyCare beneficiaries no less than 365 days following the date of a beneficiary’s initial enrollment in, or the date of the beneficiary’s last eligibility redetermination for, Medicaid or NJ FamilyCare.
  2. The Commissioner of Human Services must determine the means and method by which the annual eligibility redetermination is to be conducted.
  3. The Commissioner must provide for 12 months of continuous Medicaid eligibility for adult beneficiary groups, without imposing reporting requirements for changes of income or resources and regardless of the delivery system through which the beneficiary receives benefits.

Prior to this bill, New Jersey law did not provide for how often the Medicaid and NJ FamilyCare eligibility redeterminations must occur.

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