New Jersey recently finalized a regulation requiring all telemedicine or telehealth organizations providing telemedicine services to patients located in New Jersey to register with the New Jersey Department of Health (Department). before October 15, 2021.
Although initially proposed in April 2020, on August 16, 2021, the department quietly finalized its regulations on registration standards for telemedicine and telehealth organizations (Title 8, Chapter 53 of the New Jersey Administrative Code), putting and finally implement the provisions of the New Jersey Telemedicine and Telemedicine Act 2017. Telehealth Act (the Act). The law includes a section that requires every telemedicine or telehealth organization operating in New Jersey to register annually with the department and submit annual reports on activity and encounter data. However, until recent regulations were enacted, this legal requirement had little effect.
The regulations apply to all telemedicine or telehealth organizations providing service in New Jersey. In New Jersey, a “telemedicine or telehealth organization” is defined as “a corporation, sole proprietorship, partnership, or limited liability company that is organized for the primary purpose of administering services under the telemedicine or telehealth ”.
Note that the New Jersey Telemedicine and Telehealth Organization website provides:
NEW JERSEY APPROVED ORGANIZATIONS, FACILITIES OR HEALTH CARE PROVIDERS ARE NOT REQUIRED TO REGISTER. . . . Thus, establishments approved by the Ministry and private medical practices with a physical location used for treatment in New Jersey are not required to register.
The ministry clarified in its response to public comments that “health facilities that simply use telemedicine or telehealth services in addition to in-person assessment and care services are not required to register or pay. registration fees. “
Under the new regulations, telemedicine or telehealth organizations must register with the department before providing telemedicine services to patients located in New Jersey. The Ministry will issue a registration for the entity if the following conditions are met:
The entity submits a complete and accurate registration request which is available on the Ministry’s Telehealth / Telemedicine (TH) request portal. The mandatory fields of the registration request include:
Name of the telemedicine / telehealth organization;
EIN (Employer / Tax ID) of the telemedicine / telehealth organization;
Address of the telemedicine / telehealth organization;
Doing business under the name (DBA), if applicable, for the telemedicine / telehealth organization;
Full name, title, address, email address and telephone number of a contact person for the telemedicine / telehealth organization; and
Name, address, email address and telephone number of a registered agent, if the telemedicine / telehealth organization is located outside of New Jersey;
The entity’s registration has not been previously suspended or revoked by the program (with reference to the certificate of need and the ministry’s health facility licensing program);
The entity pays a non-refundable fee of $ 1,500 when submitting the registration request; and
The entity is in compliance with registration regulations, law, any other applicable federal or state rule or law.
Registration is valid for one year and is subject to annual renewal of registration and fees. If any of the information provided by the registrant in the initial or renewal application changes, the registrant must file an amended request documenting the changes within five business days of the change in information. Registration is non-transferable and non-assignable, so any change in the legal entity operating the telemedicine or telehealth organization requires a new registration request and new registration fees.
If a telemedicine or telehealth organization intends to close or cease operations of a registration, the telemedicine or telehealth organization must first report the closure or cessation of operations to the ministry no later than 30 days before upon said closure or cessation. In addition, if a telemedicine or telehealth organization has voluntarily terminated a registration, that entity must submit a new registration request to resume telemedicine or telehealth services.
Application for non-compliance
All telemedicine or telehealth organizations providing services in New Jersey on or after August 16, 2021 must submit a registration request by October 15, 2021 (60 days from August 16, 2021), or cease providing services telehealth or telemedicine. Failure to register by October 15, 2021 will result in the enforcement actions set out in NJAC 8: 53-3.1, which include financial penalties and / or suspension, revocation or refusal to issue or renew the registration. of an organization.
Although not covered by the newly implemented regulations, under the Act, telemedicine or telehealth organizations are also required to submit annual reports on activity and encounter data.
The content of the reports will be specified in future regulations, but we know that the reports will include, at least, for each consultation: the race and ethnicity of the patient; diagnostic codes; evaluation management codes; and the source of payment for the consultation. The ministry will then compile the information into a statewide database.
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New Jersey is not the first state to create a telehealth registry; In 2017, the Alaska Department of Commerce, Community, and Economic Development created a special Telemedicine Business Registry for health care providers providing telemedicine services in the border state.
For more information on the New Jersey Telemedicine and Telehealth Act, 2017, read our summary here.