DCA Proposes Amendments to Health Care Service Firm RegulationsSeptember 12, 2017

The New Jersey Division of Consumer Affairs (DCA) recently published proposed regulations to amend existing rules governing health care service firms. The regulations generally require health care service firms to register with the DCA and provide basic rules for operating health care service firms in New Jersey. The current regulations define a health care service firm as any person who operates a firm that employs individuals to provide health care or personal care services either directly in the home or at a care-giving facility. “Health care services” means any services rendered for the purpose of maintaining or restoring an individual’s physical or mental health, or any health-related services for which licensure, registration or certification is required. “Personal care services” are defined to include bathing; toileting; transferring; dressing; grooming; and assistance with ambulation, exercise, or other aspects of personal hygiene.

Under the proposed amendment, a person who operates a firm that employs individuals to provide companion services would be included within the definition of health care service firms that require registration with the DCA. “Companion services” would be defined as non-medical, basic supervision, and socialization services that do not include assistance with activities of daily living and that are provided in an individual’s home, and may include household chores. The proposed amendment also would require all new and existing health care service firms to annually submit evidence of accreditation by an accrediting body for homemaker agencies participating in Medicaid; one that is recognized by the New Jersey Department of Human Services. Also under the proposed amendment, a health care service firm would be required to submit an audit to DCA every third year. The audit would be required to be conducted by a certified public accountant and be divided into a compliance component and a financial component. The DCA will be accepting
comments regarding the proposed amendment through October 20, 2017.

Related Practice: Health Law

Attorneys: Lani Dornfeld, Debra Lienhardt and Jonathan Walzman

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