As we advised in a previous post on this blog, the Garden State Commercial Property Assessed Clean Energy (C-PACE) program was established by the New Jersey Economic Development Authority (EDA) as a mechanism to finance, among other things, commercial renewable
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Webinar: “Managed Care Contracts: Medicare and Medicaid Considerations”
Over the past few years, changes in healthcare have driven fundamental changes in the relationship between providers and Managed Care Organizations. Medicare and Medicaid are front and center in these changes. Successful systems need new ways to look at managed…
HHS OCR Announces Expiration of COVID-19 Public Health Emergency HIPAA Notifications of Enforcement Discretions
The U.S. Department of Health & Human Services Office of Civil Rights (OCR) announced on April 11, 2023 that the Notifications of Enforcement Discretions issued during the COVID-19 Public Health Emergency (PHE) would be expiring at 11:59 p.m. on May…
Physician Restrictive Covenants: FTC Targets Non-Compete Clauses as Unfair Method of Competition
On January 5, 2023, the Federal Trade Commission (FTC) published a notice of proposed rulemaking (NPR) for a non-compete clause rule. The NPR, if approved as published, would ban as an unfair method of competition all non-compete clauses between an…
With Passage of the Inflation Reduction Act in 2022, Speculation Begins Regarding Which Drugs Will Face U.S. Price Negotiation This Fall
In August 2022, President Biden signed into law the Inflation Reduction Act. The Act’s key provisions include the ability of the federal government to negotiate certain prescription drug pricing. Specifically, the law created a program that allows the federal government…
BME Denies License Reinstatement in First Application of Statute Directing Refusal of Licensure Because of Conviction for Sexual Offenses
On March 9, 2023, the New Jersey State Board of Medical Examiners filed an Order and statement of reasons for denying reinstatement of a physician’s medical license that had been previously revoked but with a right to apply for reinstatement.…
Health Care Providers Should Note Court’s Clarification on Jury Waiver
In light of the New Jersey Appellate Division’s recent decision in County of Passaic v. Horizon Healthcare Services affirming the validity of a commercial arbitration agreement that did not contain a jury waiver, contracting entities including those in the healthcare…
A Look at BPU’s New Incentive Program for Grid-Supply/Net-Metered Solar Projects: Applications Due Soon!
The NJ BPU’s new Competitive Solicitation Incentive (CSI) Program, mandated by the New Jersey Solar Act of 2021, is available to qualifying grid supply projects, with or without energy storage, and net-metering installations in excess of 5 MWs. The deadline…
The Do’s and Don’ts of Structuring Physician-MSO Arrangements to Comply with the New Jersey Corporate Practice of Medicine Doctrine
In the wake of the New Jersey Supreme Court’s 2017 decision in Allstate Insurance Company v. Northfield Medical Center, P.C., management services organizations (MSOs), physicians, private equity funds, and practicing healthcare attorneys should keep the following “do’s and don’ts” in…
The Impact of New Jersey’s Just-Signed Temporary Workers’ Bill of Rights
Healthcare employers are among the many members of New Jersey’s business sector who will be impacted by the newly-signed Temporary Workers’ Bill of Rights, which requires temporary workers to be paid the same average compensation rates (or cash equivalent) that…