S1837

An Act concerning certain radiation oncology services.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Beginning on the effective date of this act, the Department of Health and Senior Services shall impose a two-year moratorium on the licensing and registration of any new health care service that provides radiation therapy pursuant to an oncological protocol in which a non-radiation oncologist, his immediate family, or a non-radiation oncologist in combination with his immediate family, has a significant beneficial interest. For the purposes of this act, a non-radiation oncologist is an individual who is not qualified as a radiation oncologist under N.J.A.C.8:43A-30:3.

The moratorium shall not apply to a health care service that provides radiation therapy pursuant to an oncological protocol through an on- or off-site hospital-based facility.

As used in this act, “health care service,” “immediate family,” and “significant beneficial interest” shall have the same meaning as provided in section 1 of P.L.1989, c.19 (C.45:9-22.4).

2. a. There is established an Outpatient Radiation Oncology Services Task Force in the Department of Health and Senior Services. The purpose of the task force is to review the economic impact on hospitals, and any effects of practice patterns on patients, of a non radiation oncologist referring his patients to a health care service that provides radiation therapy pursuant to an oncological protocol in which the non radiation oncologist, his immediate family, or a non-radiation oncologist in combination with his immediate family, has a significant beneficial interest.

b. The task force shall consider developments that have occurred since the enactment of P.L.1989, c.19 (C.45:9-22.4 et seq.), as follows:

(1) how and where outpatient health care services that provide radiation therapy pursuant to an oncological protocol are delivered;

(2) the economic impact that outpatient health care services that provide radiation therapy pursuant to an oncological protocol performed in non-hospital settings have on hospitals;

(3) whether physician practice patterns are affected and any resulting economic impact to the State of New Jersey and other payers of health care services;

(4) the patient safety, staffing, and quality standards of health care services that provide radiation therapy pursuant to an oncological protocol in non-hospital settings; and

(5) whether further requirements concerning non radiation oncologist physician referrals to services in which they have a significant beneficial interest are necessary.

c. The task force shall be comprised of nine members as follows:

(1) the Commissioner of Health and Senior Services, the Executive Director of the Office for Cancer Control and Prevention in the Department of Health and Senior Services, and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or their designees, who shall serve ex officio; and

(2) six public members as follows: two physicians who are licensed by the State Board of Medical Examiners, one of whom shall be appointed by the President of the Senate and one of whom shall be appointed by the Speaker of the Assembly; one medical radiation physicist appointed by the President of the Senate; two representatives of general hospitals in the State that provide radiation therapy pursuant to an oncological protocol, one of whom shall be appointed by the President of the Senate and one of whom shall be appointed by the Speaker of the Assembly; and one representative of health insurance carriers, appointed by the Speaker of the Assembly.

d. Vacancies in the membership of the task force shall be filled in the same manner provided for the original appointments. The public members of the task force shall serve without compensation but may be reimbursed for traveling and other miscellaneous expenses necessary to perform their duties, within the limits of funds made available to the task force for its purposes.

e. The task force shall organize as soon as practicable, but no later than the 60th day after the appointment of its members, and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the task force. The task force may meet at the call of its chair and hold hearings at the times and in the places it may deem appropriate and necessary to fulfill its charge.

f. The task force shall be entitled to call to its assistance, and avail itself of the services of, the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available for its purposes.

g. The Department of Health and Senior Services shall provide staff services to the task force.

h. The task force shall report its findings and recommendations to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), 18 months after the effective date of this act.

i. The task force shall expire two years after the effective date of this act.

3. This act shall take effect immediately.

STATEMENT

This bill imposes a two-year moratorium on the licensing and registration of any new health care service that provides radiation therapy pursuant to an oncological protocol in which a non-radiation oncologist, his immediate family, or a non-radiation oncologist in combination with his immediate family, has a significant beneficial interest. The moratorium will not apply to services provided through on- or off-site hospital-based facilities.

In addition, the bill establishes a nine-member Outpatient Radiation Oncology Services Task Force in the Department of Health and Senior Services. The purpose of the task force is to review the economic impact on hospitals, and any effects of practice patterns on patients, of non radiation oncologists referring their patients to health care services that provide radiation therapy pursuant to an oncological protocol in which the non radiation oncologists, their immediate families, or non-radiation oncologist practitioners in combination with their immediate families, have a significant beneficial interest.

The task force shall consider developments that have occurred since the enactment of P.L.1989, c.19, which concerns physician self-referrals, as follows:

· how and where outpatient health care services that provide radiation therapy pursuant to an oncological protocol are delivered;

· the economic impact that outpatient health care services that provide radiation therapy pursuant to an oncological protocol services performed in non-hospital settings have on hospitals;

· whether physician practice patterns are affected and any resulting economic impact to the State of New Jersey and other payers of health care services;

· the patient safety, staffing, and quality standards of such services in non-hospital settings; and

· whether further requirements concerning non radiation oncologist referrals to services in which they have a significant beneficial interest are necessary.

The task force shall be comprised of nine members as follows:

· the Commissioner of Health and Senior Services, the Executive Director of the Office for Cancer Control and Prevention, and the Director of the Division of Consumer Affairs, or their designees, who shall serve ex officio; and

six public members as follows:

· two physicians who are licensed by the State Board of Medical Examiners, one appointed by the President of the Senate and one appointed by the Speaker of the Assembly;

· one medical radiation physicist appointed by the President of the Senate;

· two representatives of general hospitals in the State that provide radiation therapy pursuant to an oncological protocol, one appointed by the President of the Senate and one appointed by the Speaker of the Assembly; and

· one representative of health insurance carriers, appointed by the Speaker of the Assembly.

Vacancies in the membership of the task force shall be filled in the same manner provided for the original appointments. The task force shall organize no later than the 60th day after the appointment of its members, and shall select a chairperson and vice-chairperson from among the members. The task force may meet at the call of its chair and hold hearings at the times and in the places it may deem appropriate and necessary to fulfill its charge. The task force shall be entitled to call to its assistance, and avail itself of the services of, the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available for its purposes. The Department of Health and Senior Services shall provide staff services to the task force.

The task force is to report its findings and recommendations to the Governor and the Legislature 18 months after the effective date of the bill, and the task force is to expire in two years.