The NJSSA Pulse

March 2024

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From the President 

Amanda Burden, MD, FASA

Dear NJSSA Members:



This is a crucial time for our specialty as there are significant challenges on many different fronts. There are challenges on the political front, from many different payors, and in cybersecurity. On the political front, we continue to face issues in the state legislature. We receive frequent updates about these issues and continue working diligently to educate our legislators about the value of our profession, and the importance of physician anesthesiologists and physician led care. We have been working with ASA and with local leaders to address these different challenges to physician led care.

 

We at the NJSSA are very grateful for your membership and dedication to the organization. Because of your continued efforts and support, we have been able to increase the advocacy efforts for our specialty and our patients and can provide important educational and networking opportunities. Your continued support for this advocacy is essential, without it, we would not be able to continue this important work. We always appreciate learning about opportunities to provide value for you, our members. If there is something you believe could be beneficial, please reach out to us with suggestions. Again, thank you all for your tremendous service to our patients and our profession during these unprecedented times.

 

We look forward to seeing many of you at our NJSSA Annual Meeting on March 23, 2024. We have excellent speakers and informative sessions planned and are excited about seeing you all there. If you have not registered, there is still time – click here! In addition to our meeting, we will again hold our “On the Road” dinners this spring and the ASA Legislative Conference will run May 13-15, 2024. Please plan to attend all of these important events!

 

Advocacy is such a critical aspect of our work at NJSSA and as physician anesthesiologists. This is a pivotal time for our profession! We urge everyone to please get involved and make your voices heard. You may be asked to send letters, make phone calls, or arrange a meeting with legislators to educate them. We appreciate your participation in these efforts and will guide you along the way. You are the most powerful voice to help demonstrate the important role of physician anesthesiologists in providing the safest care in the safest environment for our patients. We ask, that when called upon, you help support our efforts and take action.

 

Please reach out and let us know how NJSSA can help you in your practice. We wish you and your families a wonderful spring! 


Amanda Burden, 

NJSSA President

The NJ Legislature has re-introduced legislation that would authorize CRNAs to administer anesthesia without physician involvement! This is an ongoing fight in our specialty and we need your help along the way.


Contributing to NJAPAC allows us to have conversations with key lawmakers and staff in Trenton to continue educating them on the importance of physician-led care and patient safety.


We will continue to monitor this legislation and keep you updated!

Contribute Today


Legal Report

John D. Fanburg, Esquire

Carol Grelecki, Esquire

NEW JERSEY DEVELOPMENTS

A. Lawsuit Challenges New Jersey Telehealth Licensing Law 

The State of New Jersey is facing a lawsuit claiming that New Jersey’s telehealth law violates the constitutional rights of New Jersey residents seeking access to virtual care from out-of-state providers. Under New Jersey law, a practitioner must hold a New Jersey professional license in order to provide professional services for a patient in New Jersey via telehealth. During the COVID-19 pandemic, New Jersey, along with numerous other states, temporarily waived license requirements for out-of-state providers, allowing practitioners who are licensed in another state but not in New Jersey to provide telehealth services to New Jersey residents. New Jersey rescinded many of these waivers following the expiration of the COVID public health emergency.


The lawsuit was filed in federal court by several out-of-state specialists who do not hold New Jersey licenses and several of their patients who are New Jersey residents who began receiving telehealth care from these providers for chronic and/or serious conditions during the COVID-19 pandemic. According to the plaintiffs, New Jersey’s telehealth laws restricting access to out-of-state providers violate the Dormant Commerce Clause Privileges and Immunities Clause of the United States Constitution by placing an administrative and financial burden on physicians, especially specialists like plaintiff physicians, who have national practices and only occasionally treat patients from New Jersey. The plaintiffs also allege that the restrictions violate the First and Fourteenth Amendments of the United States Constitution by compelling patients to choose between frequent, costly travel for consultations or forgoing essential treatment with their preferred providers.


FEDERAL AND NATIONAL DEVELOPMENTS

B. On January 31, 2024, Saint Peter’s Healthcare System (St. Peter’s) announced that it entered a Letter of Intent with Atlantic Health System to create a strategic partnership to fully integrate the two health care systems. Under the terms of the Letter of Intent, Atlantic Health System will invest significantly in St. Peter’s and its service area, helping St. Peter’s evolve into a comprehensive healthcare system serving central New Jersey communities. Atlantic Health System and St. Peter’s will work together to create synergies between the two healthcare systems, including transitioning St. Peter’s to Atlantic Health System’s electronic medical record system. The two Systems will also expand their existing relationship in the Healthcare Transformation Consortium, aimed at providing more accessible health insurance to employees statewide. St. Peter’s will continue to carry on its Catholic mission and abide by the Ethical and Religious Directives for Catholic Health Care Services. For years, St. Peter’s has been looking to form a strategic partnership with a larger hospital system. St. Peter’s had previously entered into a definitive agreement to merge with RWJBarnabas Health System, but that merger failed due to opposition from the Federal Trade Commission, which alleged that a merger between St. Peter’s and RWJBarnabas Health System will reduce competition in Middlesex County, a claim that was subsequently upheld by a federal court judge. If consummated, the strategic partnership with Atlantic Health System will greatly expand that System’s reach and impact in New Jersey.


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Legislative Update

AJ Sabath, Lobbyist

Stephanie Summers, Lobbyist

NJ Budget Message

On February 27th, Governor Phil Murphy delivered his seventh budget address, outlining his spending plan for FY25, to a joint session of the New Jersey State Senate and General Assembly. The $55.9 billion budget proposal includes a surplus of $6.1 billion to address potential economic uncertainties.


Governor Murphy highlighted his proposed budget focused on lowering costs and increasing opportunities for working and middle-class families and providing tax relief, including expanding the ANCHOR property tax relief program, increasing funding over $900 million for public schools to fund the state's school funding formula fully, and to provide dedicated funding for NJ Transit.


The proposed budget was not without controversy, as the spending plan includes a new Corporate Transit Fee to help fill the upcoming deficit in NJ Transit. The proposed 2.5 percent tax would apply to corporations with income over $10 million, but the levy would return to the first dollar earned. Once implemented, the fee would retroactively apply to income starting on January 1st of this year.


The administration estimates the new fee will raise a little more than $1 billion in the 2025 fiscal year and about $826 million in FY26. This new fee replaces the Corporation Business Tax surcharge, which sunset in December, that charged an additional 2.5 percent on companies with incomes over $1 million. NJ Transit fares are planned to increase by 15 percent also to help fill some of the deficit in the agency.


The FY25 budget includes several "revenue raisers", such as the Corporate Transit Fee. Other increases proposed are a phase-out of a sales tax exemption on zero-emission vehicles, a warehouse fee on truck drop-offs, fees on broker-dealers, assessments on Health Maintenance Organizations, and fees on firearms.


Governor Murphy said he plans to follow through with a promised $200 million installment to fund the senior property tax relief program StayNJ. Under the current fiscal year, $100 million has already been allocated to the program, though benefits are scheduled to go out at the earliest start of 2026.


Murphy's proposal would drop the total charity care pool — which helps cover the cost of care for uninsured residents — for hospitals from $342 million to $137 million. However, the cut in charity care funds would be rerouted to a new Medicaid outpatient hospital supplemental state-directed payment. The proposal includes funding for primary care loan redemption and continued funds for psychiatric resident slots.


We expect more details to be available once the official FY25 Budget Book is released to the public, usually two weeks after the budget address. Governor Murphy must sign the budget into law before the July 1st constitutional deadline. The budget address was the official start of budget season, where the Legislature is tasked with reviewing and revising the Governor's proposed plan. Over the next several weeks, the Legislature will hold budget hearings to review and tweak respective aspects of the proposed budget.



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ASA News and Events

Join fellow physician anesthesiologists, residents, certified anesthesiologist assistants, students, anesthesia practice administrators and executives, and state component staff for a unique opportunity to:

  • Stay current about federal issues impacting the specialty.
  • Learn how to influence legislative and regulatory efforts at the federal level.
  • Connect with elected officials to help guide federal health care policy.
  • Hear about ASA's legislative, political, grassroots, and regulatory agenda for 2024.
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If you are interested in attending this Conference, NJSSA will register you. When contacting our Executive Director, Stephanie Summers, please make sure you provide the following information for your registration.

  • Indicate if this is the first time you are attending the ASA Legislative Conference
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All attendees are responsible for their travel and hotel accommodations. You can access information on the ASA HQ hotel by clicking the "Learn More" button above.

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Stephanie Summers
NJSSA Executive Director

Please do not hesitate to reach out with questions, comments or concerns. I am here to serve and support you on behalf of the NJSSA.

Contact Me

Thank you for your NJSSA membership!

New Jersey State Society of Anesthesiologists | 609-528-7392

150 West State Street, Suite 110 | Trenton, NJ 08608

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