ASSEMBLY, No. 193

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman WEINBERG

An Act providing for the regulation of home infusion therapy providers and supplementing Title 26 of the Revised Statutes.

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

    1. As used in this act:

    "Commissioner" means the Commissioner of Health.

    "Home infusion therapy" means the practice of methods and use of equipment for the therapeutic introduction of a fluid other than blood into a person's vein or into subcutaneous or other tissue, from which it is absorbed into the bloodstream, which is performed in the person's home.

    "Home infusion therapy provider" means an establishment, corporation, firm, agency, facility or other entity which primarily provides home infusion therapy services, but does not include a self-employed person providing those services directly and who is not under contract to an establishment, corporation, firm, agency, facility or other entity which provides those services.

    2. A home infusion therapy provider shall not operate within this State except pursuant to a certificate of approval obtained from the commissioner, upon application made on a form and in a manner prescribed by the commissioner. The applicant shall be required to furnish evidence of its ability to comply with minimum standards established by the commissioner for home infusion therapy providers. Any change in the facts set forth in the application shall be reported to the commissioner within 10 days after the occurrence thereof.

    3. Upon receipt of an application for a certificate of approval, the commissioner shall cause an investigation to be made of the applicant, and shall issue a certificate of approval if it is found that the applicant is of good moral character and complies with the provisions of this act and with rules and regulations adopted by the commissioner pursuant to this act. The certificate of approval shall not be transferable or assignable or applicable to any premises or proprietor other than those specified therein. A copy of the certificate shall be carried by a person employed by the provider while providing home infusion therapy services, and shall be made available to a patient for his viewing upon request.

    4. a. The commissioner after a hearing may deny, revoke, or suspend a certificate of approval if a home infusion therapy provider violates the provisions of this act.

    b. Notice of a pending denial, revocation or suspension of a certificate of approval shall be sent to the applicant or holder of a certificate of approval by registered mail and the notice shall set forth the particular reasons for the denial, suspension, or revocation of the certificate. The denial, suspension, or revocation shall become effective on the 30th day after the mailing, unless the applicant or holder of the certificate, within the 30-day period meets the requirements of the commissioner, or provides written notice to the commissioner of its desire for a hearing, in which case the denial, suspension, or revocation shall be held in abeyance until the hearing has been concluded and a final decision rendered. An applicant or holder of a certificate of approval may appeal a denial, suspension, or revocation to a court of competent jurisdiction.

    c. The commissioner may, in the manner provided by law, maintain an action in the name of the State for injunctive relief against a home infusion therapy provider which continues to operate without a certificate of approval, or after suspension or revocation of a certificate.

    5. A home infusion therapy provider which provides home infusion therapy services without obtaining the certificate of approval required by this act, or which does so after revocation or suspension of a certificate of approval, shall be liable to a penalty of $25 for each day of operation in violation hereof for the first offense and for a subsequent offense shall be liable to a penalty of $50 for each day of operation in violation hereof.

    A penalty authorized by this section shall be recovered in a summary proceeding instituted by the commissioner pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq. A penalty shall be payable to the General Fund.

    6. A home infusion therapy provider operating on the effective date of this act shall obtain a certificate of approval from the commissioner no later than the 180th day after that date.

    7. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act, including, but not limited to, minimum standards for the operation of a home infusion therapy provider.

    8. This act shall take effect immediately.

STATEMENT

    This bill requires that home infusion therapy providers receive a certificate of approval from the Commissioner of Health in order to operate in New Jersey. The bill defines a "home infusion therapy provider" as an establishment, corporation, firm, agency, facility or other entity which primarily provides home infusion therapy services.

    The bill requires that a home infusion therapy provider operating on the effective date of the bill shall obtain a certificate of approval from the commissioner no later than the 180th day after that date.

Requires certificate of approval for home infusion therapy providers.