N.J. Admin. Code § 11:3-25.2

Current through Register Vol. 56, No. 21, November 4, 2024
Section 11:3-25.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Coverage status" means the status of PIP coverage for an injured party pursuant to 39:6A-5.

"Department" means the Department of Banking and Insurance of the State of New Jersey.

"Eligible charge" means the treating medical provider's usual, customary and reasonable charge or the upper limit on the medical fee schedule as found at N.J.A.C. 11:3- 29 Appendix, whichever is lower subject to provisions at N.J.A.C. 11:3-29.4.

"Emergency care" means all medically necessary treatment of a traumatic injury or a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain, psychiatric disturbance and/or symptoms of substance abuse) such that absence of immediate attention could reasonably be expected to result in: death; serious impairment to bodily functions; or serious dysfunction of a bodily organ or part. Such emergency care shall include all necessary care immediately following an automobile accident, including, but not limited to, immediate pre-hospital care, transportation to a hospital or trauma center, emergency room care, surgery, critical and acute care. Emergency care extends during the period of initial hospitalization until the patient is discharged from acute care by the attending physician.

"Multiple treating medical provider" means a treating health care provider as defined herein that provides emergency care, in association with one or more other treating medical providers.

"Notification" or "notice" means a written communication, transmitted by mail, facsimile or electronic message ("E-mail").

"Personal injury protection" or "PIP" means the coverage set forth at N.J.S.A. 39:6A-4, 39:6A-3.1 or the emergency personal injury protection coverage provided by a Special Automobile Insurance Policy pursuant to N.J.S.A. 39:6A-3.3.

"PIP information" means: the name and address of the insured and the name and address of the injured party, if different; the name of the PIP insurer and the address established by the insurer for notification of commencement of medical treatment pursuant to 11:3-25.3(c); the policy number of the insurance policy providing PIP benefits; and the date of the accident/injury. A treating medical provider may obtain this information from the insured, the injured party, the hospital, a police report or any other reasonably available source.

"Secondary medical providers" means those health care providers who provide medical products, care and services to a person injured in an automobile accident only after having received a prescription from a treating health care provider. Secondary medical providers shall include, but are not limited to, pharmacists, visiting nurses, prosthetics fabricators and providers of durable medical equipment products. Notwithstanding the existence of a prescription of a treating medical provider, physical therapists, chiropractors and any secondary medical provider who seeks payment of an eligible charge in excess of $ 500.00 for individual services or products provided on one occasion or in the course of 30 days shall not be considered secondary medical providers.

"Treating health care provider" means those persons licensed or certified to perform health care treatment or services compensable as medical expenses and shall include, but not be limited to:

1. A hospital or health care facility which is maintained by a state or any of its political subdivisions;

2. A hospital or health care facility licensed by the Department of Health and Senior Services;

3. Other hospitals or health care facilities designated by the Department of Health and Senior Services to provide health care services, or other facilities, including facilities for radiology and diagnostic testing, freestanding emergency clinics or offices, and private treatment centers;

4. A nonprofit voluntary visiting nurse organization providing health care services other than in a hospital;

5. Hospitals or other health care facilities or treatment centers located in other states or nations;

6. Physicians licensed to practice medicine and surgery;

7. Licensed chiropractors;

8. Licensed dentists;

9. Licensed optometrists;

10. Licensed pharmacists;

11. Licensed chiropodists (podiatrists);

12. Registered bio-analytical laboratories;

13. Licensed psychologists;

14. Licensed physical therapists;

15. Certified nurse-midwives;

16. Certified nurse-practitioners/clinical nurse-specialists;

17. Licensed health maintenance organizations;

18. Licensed orthotists and prosthetists;

19. Licensed professional nurses;

20. Licensed occupational therapists;

21. Licensed speech-language pathologists;

22. Licensed audiologists;

23. Licensed physician assistants;

24. Licensed physical therapists assistants;

25. Licensed occupational therapy assistants; and

26. Providers of other health care services or supplies, including durable medical goods.

N.J. Admin. Code § 11:3-25.2

Amended by R.1998 d.591, effective 12/21/1998 (operative March 22, 1999).
See: 30 New Jersey Register 3202(a), 30 New Jersey Register 4390(b).
In "Multiple treating medical provider", substituted a reference to health care providers for a reference to medical providers; in "Personal injury protection" or "PIP", inserted a reference to N.J.S.A. 39:6A-3.1; in "Secondary medical providers", substituted a reference to health care providers for a reference to medical service practitioners and providers following "those" and substituted a reference to health care providers for a reference to medical providers at the end of the first sentence; deleted "Treating medical provider"; and added "Treating health care provider".
Amended by R.2004 d.218, effective 6/7/2004.
See: 35 N.J.R. 3072(a), 36 N.J.R. 2890(a).
Rewrote "Personal injury protection".
Notice of readoption with technical change, effective 1/3/2022.
See: 54 N.J.R. 67(b).