Issue Background

Protecting Your Practices

Self-Referral Laws

Governor Christie signed A4222/S2779, which allows physicians with financial interest in facilities providing lithotripsy to refer patients to their facilities. MSNJ and New Jersey urologists support this bill, which is a “clean up” to the reforms made to self-referral laws (the Codey Act) in 2009. Lithotripsy was left out of the exemptions in 2009. 


Reconstruction Surgery Tax

Governor Christie signed S374/A4526, which exempts from sales tax cosmetic makeup services provided in conjunction with reconstructive breast surgery; designated as “Jen’s Law,” named after a New Jersey breast cancer survivor. The procedures, currently subject to the 7 percent tax rate, are utilized to restore the appearance of the breast. The bill addresses a current loophole where insurance carriers cover the costs of the procedures but pass on the cost of the sales tax to the patient.


Breast Density

The Governor signed A2022/S792. The new law creates an insurance mandate for certain exams, like baseline mammograms and screenings required after mammograms. But the bill also requires notice to patients. MSNJ, along with NJACEP and RSNJ, worked on the notice provision in great detail to ensure that the notice be based in science, to make sure it is not unnecessarily alarming and to prevent undue physician liability. Under the new law, radiology facilities must distribute to certain patients a notice about breast density risks. The law also requires the Department of Health, in conjunction with the Medical Society of New Jersey, to convene a work group to review and report on strategies to improve the dialogue between patients and health care professionals regarding risk factors for breast cancer and breast imaging options. We look forward to this process.

MSNJ fights against unfunded mandates that add administrative burdens to physicians.  One example is Hepatitis C testing.