Laurajane Kastner, Yulian Shtern, and Diana M. Fratto, attorneys in the Health Care and Life Sciences and Corporate Services practice, co-authored an article in Becker’s ASC Review, titled “6 Things You Should Know About the Recent Changes to New Jersey’s Laws Regulating Ambulatory Surgery Centers and Surgical Practices.”

Following is an excerpt:

On January 12, 2018, former Governor of New Jersey Chris Christie signed into law certain amendments to the Healthcare Facilities Planning Act (N.J.S.A. § 26:2H-12) (the “New ASC Law”), which fundamentally change the landscape of physician-operated “surgical practices” in New Jersey. Owners of existing registered surgical practices and ambulatory surgery investors should be familiar with the ramifications and opportunities that arise from this legislative change.

The recent amendments will change the landscape for physician based surgical practices in several ways, as summarized in the list below:

  1. The Surgical Practice Registration was Replaced with ASC Licensure.
  2. Newly Licensed ASC are Exempt from Certain ASC Requirements.
  3. ASCs are Subject to New Reporting Requirements.
  4. New Exceptions to the ASC Moratorium are Available.
  5. Unique Opportunities for Surgical Practice Consolidation Now Exist.
  6. Self-Referral Prohibitions Were Modified.
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