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  • NJ A4995
  • Requires surgical practices to be licensed by DHSS as ambulatory care facilities.
Introduced
(6/12/2017)
In Committee
(6/19/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires all "surgical practices" to be licensed by the Department of Health (DOH) as ambulatory surgery facilities (ACFs) within one year after its enactment. A "surgical practice" is defined in the law as a structure or suite of rooms that has the following characteristics: -- has no more than one room dedicated for use as an operating room which is specifically equipped to perform surgery, and is designed and constructed to accommodate invasive diagnostic and surgical procedures; -- has one or more post-anesthesia care units or a dedicated recovery area where the patient may be closely monitored and observed until discharged; and -- is established by a physician, physician professional association surgical practice, or other professional practice form specified by the State Board of Medical Examiners pursuant to regulation solely for the physician's, association's or other professional entity's private medical practice. The bill provides as follows: · The requirement that surgical practices be registered by DOH is repealed. In lieu of this requirement, surgical practices are to be licensed by DOH, within one year after the date of enactment, as ACFs licensed to provide surgical and related services, and be subject to the same regulatory requirements as the larger ACFs. · A surgical practice that is certified by the Centers for Medicare & Medicaid Services (CMS) is not required to meet the physical plant and functional requirements specified in N.J.A.C.8:43A-19.1 et seq. A surgical practice that is not Medicare certified, either by CMS or by any deeming authority recognized by CMS, but which has obtained accreditation from the American Association for Accreditation of Ambulatory Surgery Facilities or any accrediting body recognized by CMS and is in operation on the date of enactment of the bill, is not required to meet the physical plant and functional requirements specified in N.J.A.C.8:43A-19.1 et seq. A surgical practice not in operation on the date of enactment of the bill, if it is certified by CMS as an ambulatory surgery center provider, is also exempt from these requirements. A surgical practice required to meet the physical plant and functional requirements specified in N.J.A.C.8:43A-19.1 et seq. may apply for a waiver of any such requirement in accordance with N.J.A.C.8:43A-2.9. The commissioner is to grant a waiver of those physical plant and functional requirements, as the commissioner deems appropriate, if the waiver does not endanger the life, safety, or health of patients or the public. · A surgical practice that is required to be licensed under the bill is exempt from the assessment on ACFs pursuant to N.J.S.A.26:2H-18.57; except that, if the entity expands to include any additional rooms dedicated for use as an operating room, it will be subject to the assessment.
2nd Reading in the Assembly, Health and Senior Services
Assembly Floor Amendment Passed (Johnson)  (on 12/7/2017)
 
 
Date Chamber Action Description
12/7/2017 A Assembly Floor Amendment Passed (Johnson)
6/19/2017 A Reported out of Assembly Comm. with Amendments, 2nd Reading
6/19/2017 Assembly Health and Senior Services Hearing (19:00 6/19/2017 )
6/12/2017 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
Detail 6/19/2017 Assembly Health and Senior Services Committee: Reported with Amendments 9 0 4