New Jersey State Bar Association - The voluntary Bar Association of New Jersey, serving members since 1899.

Capitol Report

May 4, 2009

By Tamika Wilson

This is a status report on recently passed and pending legislation and regulations, gubernatorial nominations and appointments of interest to lawyers. It is compiled by the legislative department of the New Jersey State Bar Association. Following each bill is the number, sponsor's name, the NJSBA position, if any, bill description and status.

New Laws

ELDER AND DISABILITY LAW

P.L.2009, c. 44 (Gordon) Requires nursing homes to use pressure redistribution mattresses for all residents. On April 23, S-1517 was signed by the governor.

P.L.2009, c. 46 (Bateman) Requires assisted living facilities to have a defibrillator on site and employees trained to use defibrillator. On April 23, S-2146 was signed by the governor.

On The Governor's Desk

S-1880 (Smith) (NJSBA supports) Establishes the Criminal Sentencing Commission to study and review the criminal law and recommend revisions; repeals existing commissions. On April 27, the bill was conditionally vetoed by the governor and referred back to the Senate for further action.

Nominations

The following nominations were referred to the Senate Judiciary Committee on April 27:

JUDGE OF THE SUPERIOR COURT
Donald Kessler, of Short Hills, NJSBA member

The following nominations were reported by the Senate Judiciary Committee on April 27:

JUDGE OF THE SUPERIOR COURT
Glenn Berman, of East Brunswick, NJSBA member
John Harrington, of Marlton, NJSBA member
Donald Kessler, of Short Hills, NJSBA member
Octavia Melendez, of Voorhees, NJSBA member
Louis Meloni, of Pennsauken, NJSBA member
Dennis Nieves, of Perth Amboy
Kimarie Rahill, of Hackettstown, NJSBA member

NEW JERSEY TURNPIKE AUTHORITY
Michael R. Dupont, of Red Bank, NJSBA member

OCEAN COUNTY BOARD OF TAXATION
Nicholas C. Montenegro, of Point Pleasant, NJSBA member
Phil G. Waxman, of Lakewood

SALEM COUNTY PROSECUTOR
John Lenahan, of Pilesgrove, NJSBA member

Public Notices

HEALTH AND HOSPITAL LAW

Take notice that, in compliance with N.J.S.A. 26:2H-1 et seq. (P.L. 1971, c. 136, as amended), the Department of Health and Senior Services has published notice that, pursuant to P.L. 1998, c. 43 (codified at N.J.S.A. 26:2H-7c) and certificate of need administrative rules at N.J.A.C. 8:33, the certificate of need call for comprehensive rehabilitation services, scheduled to take place on March 1, 2009, in accordance with N.J.A.C. 8:33-4.1(a)2 (see 34 N.J.R. 2814(a)) is hereby cancelled. In accordance with departmental procedures as set forth at N.J.A.C. 8:33-4.1(a), the department is unable to evaluate the need for new or expanded comprehensive rehabilitation beds and services due to national policy changes that have influenced admission rates for comprehensive rehabilitation services. Accordingly, it is necessary to cancel the call for comprehensive rehabilitation beds/services.

Take notice that, in compliance with N.J.S.A. 26:2H-1 et seq. (P.L. 1971, c. 136, as amended), the Department of Health and Senior Services has published notice that, pursuant to P.L. 1998, c. 43 (codified at N.J.S.A. 26:2H-7c) and certificate of need administrative rules at N.J.A.C. 8:33, the certificate of need call for pediatric intensive care unit (PICU) beds and services, scheduled to take place on Sept. 1, 2009, in accordance with N.J.A.C. 8:33-4.1(a)2 (see 34 N.J.R. 2814(a)) is hereby cancelled. The issuance of a call at this time, absent a clear indication of additional need, would be premature. In accordance with departmental procedures as set forth at N.J.A.C. 8:33-4.1(a), the department therefore finds it is necessary to cancel the call for pediatric intensive care beds and services. In accordance with N.J.A.C. 8:33-4.1(a)2, the next scheduled deadline for the submission of pediatric intensive care beds and services will be Sept. 1, 2010.

NOTICE OF AVAILABILITY OF GRANT FUNDS

Take notice that, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L. 1987, c.7), the Department of Health and Senior Services has published notice of grant availability for the New Jersey Commission on Spinal Cord Research (NJCSCR) to fund postdoctoral and graduate student fellowship grants. For more information call 609-292-4055 or email NJCSCR@doh.state.nj.us. Deadline: June 8, 2009.

Take notice that, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L. 1987, c.7), the Department of Health and Senior Services has published notice of grant availability for the New Jersey Commission on Spinal Cord Research (NJCSCR) to fund research activities to develop effective interventions and cures for paralysis and other consequences of spinal cord injury and disease. For more information call 609-292-4055 or email NJCSCR@doh.state.nj.us. Deadline: June 8, 2009.

Take notice that, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L. 1987, c.7), the Department of Health and Senior Services has published notice of grant availability for the New Jersey Commission on Spinal Cord Research (NJCSCR) to fund exploratory research to enable independent investigators to apply their specific expertise to spinal cord research. For more information call 609-292-4055 or email NJCSCR@doh.state.nj.us. Deadline: June 8, 2009.

Take notice that, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L. 1987, c.7), the Department of Health and Senior Services has published notice of grant availability for the Chronic Disease Prevention and Control Service-Diabetes Prevention and Control Program to fund multi-year grants to implement diabetes related activities at the country, regional and/or community level including awareness raising activities for the general public, people with diabetes and providers. For more information contact Nuris Rodriguez, Program Manager at 609-984-6137 or email at nuris.rodriguez@doh.state.nj.us. Deadline: June 1, 2009.

Take notice that, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L. 1987, c.7), the Department of Health and Senior Services has published notice of grant availability for the Pediatric Adult Asthma Coalition Program-Chronic Disease Prevention and Control Services to fund multi-year grants to implement asthma related activities at the country, regional and/or community level including education and awareness activities for the general public, people with asthma and providers. For more information contact Lisa Jones, Asthma Coordinator at 609-984-6137 or email at lisa.jones@doh.state.nj.us. Deadline: June 1, 2009.

Take notice that, in compliance with N.J.S.A. 52:14-34.4 et seq. (P.L. 1987, c.7), the Department of Health and Senior Services has published notice of grant availability for the Asthma Education Program-Chronic Disease Prevention and Control Services to fund multi-year grants to develop and deliver comprehensive asthma outreach, referral, case management and education services to county residents who are low income, uninsured, underinsured, with emphasis on disadvantaged racial and ethnic minority groups. For more information contact Lisa Jones, Asthma Coordinator, at 609-984-6137 or email at lisa.jones@doh.state.nj.us. Deadline: June 1, 2009.

INSURANCE LAW

Take notice that on Dec. 23, 2008, the New Jersey Association of Health Plans (NJHAP) filed a petition with the Department of Banking and Insurance requesting an amendment to rules governing the prompt payment of health claims to clarify that if a carrier fails to provide the notice required by N.J.A.C. 11:22-1.6(a) of its decision to deny or dispute a claim, the claimant can timely assert that the carrier has waived its right to require the claimant to provide additional information and/or documentation concerning the claim, or any party of a claim, that is not covered by the underlying policy. The petition was duly considered and denied in part and granted in part. In accordance with N.J.A.C 1:30-4.2(a) the department will initiate a rulemaking proceeding for amending N.J.A.C. 11:22-1.6(a)2 and (b).

Take notice that the commissioner of banking and insurance, in compliance with N.J.A.C. 11:22-4.8(e), has provided notice of an average 2.7 percent increase from December 2007 to December 2008 in the medical component of the Consumer Price Index for all urban consumers in New York-Northern New Jersey-Long Island region and the Philadelphia-Wilmington-Atlantic City region as reported by the United States Department of Labor, Bureau of Labor Statistics. The minimum deposit required by N.J.A.C. 11:22-4.8(e) shall be read as including an increase of 2.7 percent effective July 1, 2009, as follows: $30,210 (as previously adjusted) specified at N.J.A.C 11:22-4.8(e) shall be $31,025.

PUBLIC UTILITIES

Take notice that, pursuant to N.J.A.C. 14:2-2.2, the New Jersey Board of Public Utilities has issued a request for proposals from vendors to operate the One-Call Damage Prevention System's One-Call Center in accordance with a tariff approved by the board for a five-year period starting Feb. 17, 2010. To be considered for award, the bid proposal must be received by the Purchase Bureau by May 7, 2009, at 2 p.m. at the following address:

Bid Receiving Room - 9th Floor
Purchase Bureau
Division of purchase and property
NJ Department of the Treasury
33 West State Street, PO Box 230
Trenton, NJ 08625-0230

Directions to the Department of Treasury can be found online at www.state.nj.us/treasury/purchase/directions.htm

Note: "Under review by the NJSBA" means that the bill is currently being examined by NJSBA sections, committees and/or Board of Trustees and a final position has not yet been reached on the measure.