The definition of "surgical practice" includes an unlicensed entity that is certified by the CMS as an ambulatory surgery center provider.

No More New Centers Unless Hospital Affiliated

Most significantly, as of the date of enactment DHSS will not issue a new registration to a surgical practice or a new license to an ambulatory care facility unless in cases of: transfer or ownership approved by the commissioner of DHSS; relocation approved by the commissioner; or if an entity has filed, on or before the 180th day following the effective date of this law, its plans, specifications, and required documents for the facility; or if the facility is owned jointly by a general hospital in New Jersey and one or more other parties; or the facility is owned by a hospital or medical school.

Regarding the new law on referrals, beginning one year after the date of the law, practitioner self-referrals to a health care service that provides lithotripsy or radiation therapy pursuant to an oncological protocol in which the practitioner, the practitioner's immediate family, or the practitioner in combination with practitioner's immediate family has a significant beneficial interest for health care services will be prohibited. However, those practitioners who held significant beneficial interests in such health care services before the effective date are permitted to continue referring patients to those services, provided they comply with the law's disclosure requirements. There is an exemption to the new law for referrals for ambulatory surgery and procedures requiring anesthesia performed at a registered surgical practice or at a licensed ambulatory care facility if certain conditions are met.

Barbara Kram contributed to this report.

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