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Governor Murphy Signs Multi-State Nurse Licensing Act

Posted by on Jul 26, 2019 in Law | 0 comments

Governor Murphy has signed the Uniform Multi-State Licensing Act which allows nurses, under certain conditions, to practice without additional licensure in other states which are parties to the Act.

The Act requires that the nurse secure a “multi-state license” from their home state before they can commence work in the state of another party to the Act.

Nurses who secure a multi-state license from other states which are party to the act may now work in NJ.

For more, contact Romanowsky Law today. (973) 451-1116

Changes To The Continuing Education Requirements of Psychological Examiners

Posted by on Jul 19, 2019 in Law | 0 comments

The State Board of Psychological Examiners has proposed an amendment to the rules governing the continuing education requirements for licensed psychologists.

The new rules would require that one of the forty required continuing education credits be on topics concerning prescription opioid drugs every biennial renewal period. To learn more, contact Romanowsky Law today. (973) 451-1116.

APNs May Soon Be Able to Dispense Narcotic Drugs for Maintenance or Detoxification Treatment

Posted by on Jul 19, 2019 in Law | 0 comments

The State Board of Nursing has proposed regulations which affect the statute permitting APNs to dispense narcotic drugs for maintenance or detoxification treatment.

Provided the APNs collaborating physician is not required to meet the federal training and registration requirements otherwise imposed by the administrative code, and the collaborating physician provides written approval for the APN to dispense such drugs, the APN will be so authorized. To learn more, contact Romanowsky Law today. (973) 451-1116.

Requirements for licensure of Advanced Practical Nurses May Soon Change

Posted by on Jul 19, 2019 in Law | 0 comments

The State Board of Nursing has proposed a deletion to N.J.A.C. 13:37-7.2 (b). That section of the administrative code requires an applicant for certification as an advanced practice nurse to have completed his/her education no more than two years prior to the submission of an application to the New Jersey State Board of Nursing.

Apparently, the Board has found that several otherwise qualified candidates have not been able to obtain certification due to this requirement and believes that the health and public welfare is better served by deletion of the administrative code provision. To learn more, contact Romanowsky Law today. (973) 451-1116.

New CLE Rules for Ophthalmic Dispensers and Technicians

Posted by on Jul 19, 2019 in Law | 0 comments

The Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners has proposed amendments to the rules affecting ophthalmic dispensers and technicians which would require two credits be in statutes and rules governing the practice of ophthalmic dispensing and at least five credits in topics relevant to the practice of ophthalmic dispensing.

The proposed rules would also require licensed ophthalmic dispensers to complete one credit of CLE in blood born pathogens. To learn more, contact Romanowsky Law today. (973) 451-1116.

New Tele-Medicine Rules Will Soon Be Applicable To Various Licensed Health Care professionals

Posted by on Jul 19, 2019 in Law | 0 comments

On June 16, 2019, the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners proposed new rules which establish telemedicine regulations which (if approved) will be applicable to a number of licensed health care professionals.

If adopted, the rules will be applicable to licensed midwives, athletic trainers, licensed genetic counselors, licensed physical therapy assistants, psychologists, orthopedists, orthotist assistants, pedorthists, prosthetists, prosthetist assistants, and others. If you want to be at the forefront of understating how the proposed regulations may ultimately affect your practice, contact Romanowsky Law today. (973) 451-1116

New Jersey Adopts Legislation Requiring Healthcare Providers Disclose Out-of-Network Services

Posted by on Jun 18, 2019 in NJ healthcare law | 0 comments

On June 1, NJ Governor Murphy signed into legislation Public Law 2018, C.32 which requires healthcare facilities to make certain disclosures with regard to out of benefit services. All physicians and healthcare providers should be aware of its requirements.

The Act provides that healthcare professionals must make two disclosures to their patients with regard to the health benefit plans with which the healthcare professional participates and is affiliated. The first applies where the healthcare provider is providing non-emergency services. In that case, the disclosure must be in writing or through a website and it must be made again at the time an appointment is made, in writing or verbally.

Furthermore, if a healthcare professional does not participate in the patient’s healthcare plan, the healthcare professional must:

  1. Prior to scheduling non-emergency procedures, inform the patient that the physician is “out-of-network” and that the amount or estimated amount which will be billed is available upon the patient’s request;
  2. Upon request, the healthcare professional must disclose to the patient, in writing, the amount or estimated amount, that the patient will be billed for the procedure as well as the associated current procedural terminology code for the service to be provided;
  3. Inform the patient that he or she will be financially responsible for services provided out-of-network in excess of co-payment deductibles or co-insurance and that he or she may be responsible for the costs in excess of those allowed by the patient’s health benefit plan;
  4. Advise the patient to contact their healthcare plan for consultation regarding costs.

In addition to the foregoing, the healthcare professional is required to provide a patient with the name, practice name, mailing address and telephone number for a healthcare provider providing services in connection with those provided by the physician when that healthcare professional provides the following services: anesthesiology, laboratory, pathology, radiology or assistant surgeon services.

When a healthcare professional is scheduling facility admissions or out-patient facility services, physicians are required to:

  1. Provide the patient and facility with the main practice name, mailing address and telephone number of any other physician whose services are scheduled at the time of pre-admission, testing, registration or admission when non-emergency services are scheduled;
  2. Inform the patient how to determine the health benefit plans which the other physicians participate in;
  3. Recommend that the patient contact his or her health benefit plan for consultation on costs related to those other services.

If the network status of the healthcare professional changes between the time of the disclosure and the provision of the procedure, the healthcare professional must notify the patient.

If a primary care physician or internist performs an unscheduled procedure in his or her office, the required disclosures may be made verbally at the time of service.

If a healthcare professional does not participate in a covered persons health benefit plan, and he or she provides services in an “in-network” healthcare facility when “in-network” services are unavailable in that facility, the healthcare professional may not bill the person in excess of any deductible, co-payment or co-insurance amount.

If the healthcare professional is providing medically necessary services on an emergency or urgent basis, the healthcare professional may not bill a covered person in excess of any deductible, co-payment or co-insurance amount for in-network services pursuant to the covered persons health benefits plan.

Contact Romanowsky Law now for further clarification on this important new legislation. 973 637 0776. Brian@Romanowskylaw.com

All You Need to Know About Medical Employee Contract Laws

Posted by on Mar 25, 2019 in Law | 0 comments

A doctor’s job is an integral one to the stability and sustainability of a society. It’s impossible to establish a functional community without having someone to care for the sick and wounded. For this reason, every community needs medical staff.

Despite how noble and necessary doctors are to the fabric of society, we can’t deny that there are many risks that a doctor has to take on. From contracting diseases and exposure to harmful chemicals to lawsuits from unsatisfied patients, there are plenty of risk factors that every doctor has to deal with.

If you work in the medical field, there’s always a possibility of a treatment not working out the way that you planned. When this happens, you need to make sure that you have all the legal safety measures in place to protect your career from going under.

Of all the legally binding contracts you will have to sign as a doctor, the employment contract will be an agreement that dictates the course of your career. For this reason, you will need to seek legal advice before you sign an employment contract.

Employment Contracts for Doctors

You should involve your lawyer in every stage of the employment process, from the initial negotiation to contract review and finalization. During the initial negotiation, your lawyer can help to represent your best interests when it comes to your professional contract. Whether you’re negotiating your salary, payroll plan, or work hours and responsibilities, your lawyer can help to ensure that you get the most out of your career. After the negotiation is done, the employer will have to draft the contract and present it to you.

Your lawyer can review if the terms and clauses of the contract are aligned with what was initially agreed upon in the negotiation. Having a well-established and negotiated contract will ensure that you can have the most beneficial contract that will be the best fit for you and your work style.

If one party violates the contract agreement, a lawsuit may follow. In this case, your lawyer may represent your best interest in the court of law. It’s never a good idea to go into a lawsuit on your own or without the help of a professional lawyer, as that will put you at a major risk of being liable for massive fines. When you have a professional lawyer on your side, you can be sure that your rights are completely protected.

How to Choose a Medical Contract Attorney

When it comes to choosing an attorney, it’s always better to go with one that has had years of experience working in the medical field. These are the professionals who have a comprehensive knowledge of contract laws. There is a lot more to drafting contracts than many people think. You have to make it as conclusive as possible to avoid the other party using vague wording as a loophole to get out of being responsible for their end of the bargain. Therefore, the lawyer who reviews your contract needs to understand the ins and outs of what they need to be aware of so that you can receive a fair agreement.

Romanosky Law specializes in protecting individuals that have had a wrongful termination in NJ. Get in touch with us today to see how we can help.

How A Lawyer Might Carry Out Your Wrongful Termination Case

Posted by on Feb 28, 2019 in Wrongful Termination | 0 comments

Getting fired from your job can be quite a stressful situation. Perhaps your boss gave you a seemingly nonsensical reason as to why they fired you, even when you feel that you’ve been working hard and following all orders given. If your boss has wrongfully terminated you or had no real reason to let you go, you might want to consult with an attorney.  You have rights as an employee in the workplace, and it’s important that you know those rights.

An employer has the right to fire an employee, as long as there is a legitimate reason. There have been cases where employers have been dishonest about the grounds for the termination, but employees were not ultimately fired because they were able to prove discrimination or another reason why their termination was wrongful. Lawyers will assess whether or not your termination was a wrongful offense or not. Here are some ways that they will figure that out:

By assessing your employment contract

  • If there is a limitation on your employer’s right to terminate, they must comply with the contract’s requirements. For example, your employment contract may state that your employer can only terminate you for gross misconduct. This means that they will not be able to fire you for poor performance. Most employers will provide a contract that is for at-will employment, but if your contract states limits for termination, their firing you may be a violation of the contract.

By reading through policies

  • An employer will usually give employees some sort of handbook of policies that will act as a contract between employers and employees. There may be policies pertaining to discipline or other policies that could be applied to the reason for your termination.

By asking for other employees’ opinions

  • Other employees will be the best witnesses of your termination case. After all, you saw them daily, and they would have known whether or not you were deserving of the termination. If there was a true, fair reason for your termination, your fellow employees would be aware of these reasons. Your lawyer may also want to know whether the employer was treating you differently or equally to your fellow employees.

Perhaps other employees were let go as well, and your lawyer will investigate the reasons for which they were terminated to determine whether or not there are similarities to your case. If your employer treated you differently based on any legally protected status such as your race, disability, gender, ethnicity, age, sexual orientation, and so on, this could lead to your lawyer conducting a discrimination claim. Any false or illegal reason for firing someone will make the termination a pretext, meaning the employer is using the “reason” as a cover-up for their true reason.

By uncovering more evidence

  • The lawyer may try to seek out any additional evidence or witnesses that may be used in your case. Any witnesses with valuable information about the termination or events leading up to it will be contacted and asked to come forward. The lawyer will try to get their hands on every piece of evidence and relevant documentation they can find. This means looking through all contracts and policies thoroughly.

By evaluating you as a witness

From the second you meet your lawyer, they will be assessing you as a potential witness. You want to make sure you are presentable, concise, organized, and clear about your concerns regarding the termination. Keeping a business-like demeanor is crucial in impressing your lawyer and being seen as a credible witness to the jury.

Romanosky Law specializes in protecting individuals that have had a wrongful termination in NJ.

Get in touch with us today to see how we can help.

 

What Determines the Cost for Your Wrongful Termination Case

Posted by on Feb 26, 2019 in Wrongful Termination | 0 comments

If you think that you have been wrongfully terminated from your previous job, you will need to hire an employment lawyer to help you with your case. In this article, we’ll help you to understand the lawyer fees for your wrongful termination case so that you can have a better grasp on how you should plan your budget. With that said, let’s get into it.

How Lawyers Charge

  • There are several different types of payment options for a lawyer’s service, depending on the type of job and services that you’re looking for. For example, if you’re looking for a consultation, you can expect to pay an hourly fee. On the other hand, if you’re looking for a representative in court, you may have to pay on a case-by-case basis.

Listed below are a few different types of legal fees that you will need to know so that you have an idea of what to expect when you hire a lawyer for a wrongful termination case:

 Hourly Fees

  • As mentioned, services such as legal consultation and auditing are usually charged by the hour. The rates will differ based on the nature of the case, the location of the legal office, and the lawyer’s reputation. For instance, a consultation with a famous lawyer regarding a complex case in New York is certainly going to cost you a lot more than a simple case with a local lawyer in Indiana.

 Unbundled Services

  • Instead of paying an inclusive fee for all of the services offered, you may prefer to look for a lawyer who can offer separate services to you and allow you to pay for them individually. For example, if you only need help dealing with the administrative work and document filings, you can look for an administrative agency to help you with the tasks. It’s a good way to save money, as you will get only the amount of work that you need and not more. This can help you to control your budget more effectively in certain situations.

You need to make sure that the isolated services that you’re looking for are the only things you need. You wouldn’t want to risk having to pay more than you would due to the delays to the court process. It’s still important that you consult with a legal advisor before you choose to go this route.

 

Contingent Payment Plan

  • Most law firms nowadays offer a contingency payment plan for their case representative work, meaning that if you don’t win the case, you don’t have to pay anything. This is a good way to ensure that the firm will work hard on your case, as they only get paid when you do.

You will still have to pay the firm once the case is won, depending on the nature of the case. The court may conclude that the employer should pay your legal fees as compensation along with additional fees that they will have to pay. You have to remember that this is not the case every time, so you shouldn’t rely solely on the compensation to cover the costs of your lawyers.

Retainer Fees

The retainer fee is the payment given to the lawyer before they work your case, and it’s usually calculated based on the expected work in the week or month to come. This may or may not be refundable depending on the services and the payment policy of the law firm, so you will need to make sure that you understand what you’re paying for so that you don’t risk overpaying your lawyer for services that you don’t need. Although most reputable law firms won’t try to cheat their clients, it’s still a possibility that you have to consider. The retainer is also used as a future fund and the lawyer may withdraw money from the retainer fund if needed. It really depends on how the firm plans out their financial strategy.

 

Negotiate for a Refund or Discount

You may be able to negotiate for a lower fee or a refund depending on the nature of the case, but this is not something that you can always expect. For example, it’s possible to negotiate for a refund or lower fee if the actual workload of the case is much less than what was expected. However, it’s not likely that you will get this discount, as an experienced lawyer will understand the complications of the case by reading the case review. They will already have a decent idea of how the case is going to be before they even begin.

 

Legal Actions

  • There are several different legal actions you can take, and these actions will cost you a different amount depending on the difficulty. For example, if you’re planning to file a lawsuit against your former employer, it’s going to cost you more than if you were to negotiate through litigation. This is an important factor that you can’t overlook when determining how much the case is going to cost you.

Romanosky Law specializes in protecting individuals that have had a wrongful termination in NJ.

Get in touch with us today to see how we can help.