New Exception to New Jersey Codey Law Proposed

New Exception to New Jersey Codey Law Proposed - Healthcare Law Update - October 2024 - Brach Eichler
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10/31/2024

Assembly Bill No. 4447, which was passed by the New Jersey State Senate and is before the New Jersey General Assembly for a second reading, would expand the permissible exceptions for a health care practitioner to self-refer. The Codey Law prohibits healthcare practitioners from referring patients for a health care service in which the practitioner or the practitioner’s immediate family has a significant beneficial interest. The Codey Law does permit certain exceptions, and if enacted this Bill would add an exception to allow oncology practitioners with a financial interest in a pharmacy integrated with their practice to refer patients to that pharmacy, as long as the pharmacy:

• dispenses medications exclusively to the practice’s patients;

• has direct access to the practice’s medical records;

• communicates with each patient in person or via telemedicine to review the prescription instructions and assesses the patient for interactions with other drugs and food;

• synchronously consults with the treating physicians as needed; and

• complies with the State Board of Pharmacy requirements for timely delivery of medications, hours of operation, and recordkeeping.

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For more information, contact:
John D. Fanburg, Chair | 973.403.3107 | jfanburg@bracheichler.com
Edward Hilzenrath | 973.403.3114 | ehilzenrath@bracheichler.com
Erika R. Marshall | 973.364.5236 | emarshall@bracheichler.com

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Related Practices:   Healthcare Law

Related Industry:   Healthcare