Since being enacted in 2019, the New Jersey Medical Aid in Dying Act has had a threshold condition on a patient’s request for medication under the Act: that they be an “adult resident of New Jersey.” The physician’s record must contain documentation of the patient’s status as a resident of New Jersey, whether in the
Healthcare
The Paradox of The Three Wise Monkeys: Discovery And Disclosure Of Information Regarding Dangerous Health Care Providers
An article co-authored by Greenbaum attorneys John Zen Jackson and Madeline B. Gayle, recently published in the Widener Law Review, reviews the tragic circumstances surrounding Charles Cullen, the killer nurse who became known as the “Angel of Death” following the discovery of his role in the deaths of between 40 and 400 patients in New…
HHS Finalizes Rule Establishing Significant Financial Penalties for Information Blocking by Healthcare Providers
On June 24, 2024, the U.S. Department of Health and Human Services (HHS) released a final rule establishing stringent financial penalties, referred to as “disincentives,” for healthcare providers found to have committed information blocking.
In instances where the HHS Office of Inspector General (OIG) finds a healthcare provider has committed information blocking and refers the…
HIPAA Privacy Rule to Support Reproductive Healthcare Privacy is Now Effective
On June 25, 2024, the Final Rule issued by the Office of Civil Rights (OCR) that amended the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA) became effective as a means of further protecting personal health information (PHI) related to reproductive healthcare privacy. Following the 2022 U.S. Supreme Court decision in Dobbs …
The Latest on the Garden State C-PACE Program for Hospitals and Healthcare Entities
We previously provided information on this blog regarding the Garden State Commercial Property Assessed Clean Energy (C-PACE) program, which is poised to become a popular option for hospitals and other healthcare sector entities looking to rehabilitate facilities or adopt clean energy initiatives while seeking to avoid the upfront capital expenditures typically required for such projects.
NJ Appellate Division Upholds BME Suspension of Doctor’s License
A recently decided case, In the Matter of the License of Pemberton, M.D., is an example of the deference New Jersey courts give to decisions made by the New Jersey State Board of Medical Examiners. On June 10, 2024, the New Jersey Appellate Division upheld the Board’s decision to suspend a doctor’s license after…
CMS Managed Care Final Rule Aims to Better Address Needs of Medicaid and CHIP Populations
On May 10, 2024, the Centers for Medicare & Medicaid Services (CMS) published the Medicaid and Children’s Health Insurance Program (CHIP) Managed Care final rule in the Federal Register.
The final rule aims to create new standards to “improve access to care, quality and health outcomes, and better address health equity issues” for Medicaid…
Corporate Practice of Medicine (CPOM) Treatise Published by American Health Law Association: New Jersey Chapter Authored by Greenbaum Partner
The American Health Law Association (AHLA) recently published the Third Edition of its popular treatise “Corporate Practice of Medicine: A 50 State Survey.” The publication provides helpful guidance on each state’s corporate practice of medicine (CPOM) doctrine, including discussions of how each state interprets the law when dealing with unlicensed individuals and plenary…
Medical Organizations Seek Clarifications from OCR Regarding HIPAA Obligations Surrounding Change Healthcare Cyberattack
On May 20, 2024, the American Medical Association and more than 100 other organizations issued a joint letter to Health and Human Services (HHS) Secretary Xavier Becerra concerning the February 21, 2024 reported cyber incident involving Change Healthcare. The letter requested clarity from the HHS Office of Civil Rights (OCR) “around reporting responsibilities and [to]…
CMS Issues Minimum Staffing Standards for Long-Term Care Facilities
On May 10, 2024, the Centers for Medicare & Medicaid Services (CMS) published the Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency Reporting final rule, which aims to reduce potential risks to residents in LTC facilities by assuring appropriate nurse staffing levels. The final rule will become effective on…