N.J. Admin. Code § 8:53-3.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:53-3.1 - Suspension, revocation, denial of a registration or renewal, and monetary penalty

(a) The Department may impose a monetary penalty and/or suspend or revoke or refuse to issue or renew a registration of a telemedicine or telehealth organization if the registrant fails to comply with the requirements of this chapter, N.J.S.A. 45:1-61et seq., any other applicable rules or statutes, or if the Department determines that the organization poses a threat to the public health, safety, or welfare.

1. Notice of the suspension, revocation, monetary penalty, denial of registration, or registration renewal and the reason for the action taken shall be afforded to the telemedicine or telehealth organization.

(b) The Department may summarily suspend the registration of a telemedicine or telehealth organization if the continued registration of that organization poses an immediate or serious threat to the public health, safety, or welfare.

1. Notice of the summary suspension and the reason for the action taken shall be afforded to the telemedicine or telehealth organization.

2. A summary suspension is effective on the date of issuance.

3. A telemedicine or telehealth organization whose registration has been summarily suspended shall have the right to apply for emergency relief, as provided for at N.J.A.C. 8:53-3.2.

(c) If a telemedicine or telehealth organization operates without a valid registration issued by the Program, the Department may take the following actions:

1. Issue an order requiring the organization to cease and desist the provision of telehealth or telemedicine services;

2. Take action in the New Jersey Superior Court against the organization to enjoin its provision of telehealth or telemedicine services; and/or

3. Impose a monetary penalty in the amount of $ 1,000 per calendar day beginning from the date of the first unauthorized service.

(d) A monetary penalty in the amount of $ 1,000 per violation may be imposed against a telemedicine or telehealth organization for:

1. Failing to comply with the requirements of this chapter, the Act, or any other applicable rules or statutes; and/or

2. Posing a threat to the public's health, safety, and welfare.

(e) A monetary penalty issued to a telemedicine or telehealth organization shall become due 45 days after the deadline to file an appeal has ended.

1. If an applicant files an appeal with the Department, then the time frame to pay the penalty under N.J.A.C. 8:53-3.2(b)1applies.

(f) Failure to pay a monetary penalty within the applicable timeframe set forth at (e) or N.J.A.C. 8:53-3.2(b)1, may result in one or more of the following actions against the telehealth or telemedicine organization:

1. Institution of a summary civil proceeding by the State, pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1et seq.;

2. Refusal to issue:

i. A registration; or

ii. A registration renewal; and/or

3. Revocation of a current registration.

N.J. Admin. Code § 8:53-3.1

Adopted by 53 N.J.R. 1378(b), effective 8/16/2021