2020 Outlook for New Jersey’s Growing Healthcare Sector

COMPILED BY JOHN JOSEPH PARKER CONTRIBUTING EDITOR

MORE PHYSICIANS ARE SPENDING less time with patients and contending with reduced reimbursement rates than just four years ago. Data privacy and the prescribing of opioids continue to be on the radar, while technology is becoming an increasingly important tool within physician practices.

According to the Brach Eichler 2019 New Jersey Health Care Monitor, the eighth annual survey of New Jersey physicians: 63 percent said they were dealing with an increased administrative burden as a result of regulatory or compliance issues (versus 39 percent in 2015); nearly 56 percent of respondents said the changing healthcare environment has led to reduced reimbursement (versus 27 percent in 2015); nearly half said they were spending less time with their patients (versus 16 percent in 2015); 37 percent spent more on technology in the last year (versus just 9 percent in 2015); and a little over half of physicians surveyed say they are prescribing fewer opioids to their patients (compared with 43 percent in 2018).

In spite of these demands, little more than half of all physicians said their practice structure has not changed in the last year (versus 49 percent in 2018 and 61 percent in 2015).

“In 2019, we saw significant transactions continue to shape New Jersey’s healthcare marketplace such as Summit Medical Group’s merger with New York City-based urgent care system CityMD, as well as continued hospital consolidations,” explains Brach Eichler Managing Member and Healthcare Law Practice Chair John D. Fanburg. “While many physician practice groups already completed mergers and acquisitions in recent years, we still are likely to see the ripple effects of this year’s mega deals on the physician community for some time to come.”

In fact, 16 percent of those physicians surveyed said that they did integrate their practice with another healthcare organization such as another single or multispecialty practice or hospital within the last year (versus 32 percent in 2018 and 37 percent in 2015), in a continuation of the trend, albeit at a lower rate. Of those physicians who are considering merging or otherwise modifying their practice, the reasons remained mostly consistent with the 2018 survey, with the desire to reduce expenses and increase cash flow being the most important reasons, followed by the desire to reduce the administrative burden, boost market share and remain competitive.

According to the 2019 study, data privacy continues to be a focus for physicians in terms of how they run their practice in the face of highly-publicized technology breaches and cyberattacks. More than 4 in 10 physicians said they are investing in technology, while 40 percent also said they are conducting more staff training, and 20 percent are creating a new policy and procedures manual in an effort to protect their patients’ data and privacy.

Opioids continue to be an important topic. Healthcare Law Member Joseph Gorrell noted, “The nation’s opioid crisis has captured the attention of New Jersey’s physicians, as well, with more than half (52 percent) of the respondents prescribing them less often and suggesting alternatives, and 29 percent taking greater care to document patient and prescription data, according to this year’s survey.”

Among the survey’s other key findings:

● 36 percent of respondents said they haven’t felt any impact from the now 18-month-old out-of-network law; 30 percent weren’t sure yet, and 14 percent said their reimbursement had been reduced.

● While the media have talked a great deal about new ways to deliver medical care, the vast majority (72 percent) said they have not considered or are not already delivering medical care in new ways. However, 19 percent have considered telemedicine, 12 percent have considered concierge medicine, and 4 percent have considered home-based healthcare.

● All of the business and regulatory demands on physicians continue to impact their outlook for their practice. While more than 62 percent of New Jersey physicians have a neutral, favorable or very favorable outlook for their practice, nearly 38 percent had an unfavorable or very unfavorable view.

● Reduced reimbursement is physicians’ biggest concern going into 2020, followed by increased administrative burden and keeping up with regulatory and compliance demands. Many still also feel pressure to give up their independent practices and face challenges keeping their client base intact.

While this year’s study didn’t reveal dramatic fluctuations in the trends from the 2018 study, Fanburg notes that it often takes time before “we meaningfully start to see the longer-term effects of some of these changes, such as M&A activity, New Jersey’s evolving cannabis laws and the influence of Wall Street and private equity.

While the relative consistency among the trends between last year and this year may suggest that there is stability in the marketplace, in fact, New Jersey’s healthcare arena continues to evolve, quite dramatically in some ways, and serves as a barometer for the changing practice of medicine across the country.”

Among the trends that Brach Eichler has highlighted for 2020 are:

● New York- and Philadelphia-based hospitals will continue to penetrate the New Jersey market; for example, Penn Medicine, CHOP, and the Rothman Institute have followed other large hospitals like Memorial Sloan Kettering and New York Presbyterian into the New Jersey healthcare marketplace.

● Physicians will continue to move away from smaller practices to hospital affiliations, a decision driven as much by geography, as well as strategy. Specialists, in particular, will need to look more carefully at their referral sources. As hospitals continue to merge, they will exert greater influence over their referral base, which will have a significant effect on which specialists patients “choose.”

● Wall Street and private equity will continue to help physicians monetize their practices.

● Patient care will increasingly be rendered by physician assistants and advanced practice nurses as physicians face growing pressure to be ever- more efficient with regard to patient “throughput,” something that is especially true within the larger practice groups.

In spite of these changes and challenges, more physicians than not still would recommend that a young person graduating from college go into the medical profession, with 53 percent saying so in this year’s survey. “This suggests that, despite the growing regulatory and compliance burdens, as well as competitive pressures, physicians still derive enormous satisfaction from the practice of medicine. This fact really says more about the profession here in New Jersey than anything else, much to the benefit of patients,” says Fanburg.

Morristown Medical Center Expands Its Gagnon Cardiovascular Institute

COMPILED BY JOHN JOSEPH PARKER, CONTRIBUTING EDITOR

ATLANTIC HEALTH SYSTEM’S Morristown Medical Center (MMC), nationally recognized for heart care, recently opened the second of two new 36-bed units for patients with heart disease, completing a two-story expansion of the Gagnon Cardiovascular Institute.

The new unit will serve cardiac surgery patients, while the first 36-bed unit, which opened in November, serves structural heart disease patients who have complex disorders and diseases of the heart. This expands the heart care program at MMC to 180 beds, all within its Gagnon Cardiovascular Institute.

“The completion of the Gagnon Cardiovascular Institute expansion further illustrates our deep commitment to grow and meet the continued needs of our patients, who come from all over the country to Morristown Medical Center to receive life-saving care,” says Trish O’Keefe, Ph.D., RN, president, MMC, vice president, Atlantic Health System. “We are proud that Morristown Medical Center is home to one of our nation’s leading cardiology programs and some of the most highly skilled cardiologists and caregivers.”

The two-story vertical expansion began in December 2017 in response to the high demand for the medical center’s programs. More than 100,000 heart patients are served each year, and this number is expected to increase significantly as the population continues to age.

“With this much-needed expansion complete, we will be able to offer exemplary cardiac care to more patients who trust Morristown Medical Center’s experts with their hearts,” explains Linda D. Gillam, M.D., MPH, MACC, the Dorothy and Lloyd Huck Chair of Cardiovascular Medicine at MMC and medical director of the cardiovascular service line for Atlantic Health System.

In addition to 72 new private patient rooms, the 55,400 square foot addition increases clinical space and adds a dedicated MRI, for the exclusive use of cardiac patients. The technologically advanced MRI can scan two patients at a time.

Neil and Lois Gagnon, who helped establish the Gagnon Cardiovascular Institute in 2008, have continued their generosity and made the lead gift to facilitate the Institute’s expansion, which is a part of the Growing Forward Campaign. “We were thrilled to have a role in shaping cardiovascular care in our community. We’re proud of this facility and support the life-saving work that is performed here, day in and day out,” says Neil Gagnon, a Foundation for Morristown Medical Center honorary trustee.

When It Comes to Charitable Giving, Doherty Enterprises Means Business

BY DIANE C. WALSH, CONTRIBUTING EDITOR

TIM DOHERTY IS ALL ABOUT the “Wow.” He’s President and COO of his family’s business—Doherty Enterprises—a regional powerhouse in the franchise world. It owns more than 150 restaurants in New Jersey, New York, Florida and Georgia. The business was started by Tim’s visionary dad, Ed, back in 1985.

Today, Doherty Enterprises is an award-winning franchisee of four national brands—Applebee’s, Chevys, Panera Bread and Quaker Steak & Lube. It also owns and operates two highly acclaimed independent restaurants, The Shannon Rose Irish Pub, and Sputino Wine Bar & Italian Tapas.

“Our mission is to wow our guests, wow our people, wow our community, wow our suppliers and then we can wow ourselves with our profits,” explains Tim Doherty. The wow philosophy also extends to the workers— all 8,000 of them—because in a service business they are the keys to success.

“We want to make sure our people feel safe and cared about—that’s A-No.1 for us,” says Doherty. Their commitment is the underpinning for the Wow A Friend Foundation— an emergency fund that workers can tap into if they are faced with a hardship or a crisis outside their control, such as a natural disaster or unexpected medical expenses.

Since the foundation was started in 2007, it has helped more than 1,700 people with donations exceeding $3.2 million. Last year 209 employees were the recipients of a total of $547,000 in aid.

The foundation’s impact on the company and its employees led the Commerce and Industry Association of New Jersey (CIANJ) to designate Doherty Enterprises as its “Extraordinary Champion of Good Works” at its annual Companies that Care celebration. The event is a tribute to corporate philanthropy and generosity.

CIANJ President Anthony Russo said from the moment Doherty explained the foundation at a talk before the association last summer, it was the obvious choice for the 2020 award. As a statewide business advocacy group, CIANJ started the Companies that Care program seven years ago to spotlight the often-untold stories of corporate kindness.

A small committee of employees screens all the applications, but Doherty said he reads each one also. “Every story is heartbreaking and sad. It gives me great pride that we are giving money to people going through unique events outside their control,” he says. Doherty declined to give specific details on donations because he did not want to betray his employees’ confidences. But he said in many cases where employees were victims of natural disasters, the foundation was able to cut a check within 24 hours. “They have the money as quickly as possible to help them get through.”

One worker in Florida expressed her gratitude on social media. Sheryl said she had no insurance when Hurricane Irma wrecked on her home. “I appreciate from the bottom of my heart, the nice things Serrin (her general manager) said about me and the confidence she has in me, to be given this donation. Thank you all so very much. You have no idea how this help me.”

Before the foundation was set up, Doherty said employees facing a hardship would sometimes go to his father and ask for a loan. He said Ed would help. But the family wanted to create an impartial and more structured way to offer financial assistance. The foundation was established as a way for employees to help employees. Initially, 700 employees enrolled and raised $42,000 among themselves. Within three years, it grew to 1,000 and they raised $50,000.

Then Ed Doherty issued a challenge. He wanted more employees enrolled and greater donations. As an incentive, Ed promised to match the employee contributions dollar for dollar if they hit his mark. That has never been a problem. Every year the employees have met Ed’s goals. Ed and his wife, Joan, started 2020 by writing a $256,648 check to the foundation.

“It’s extraordinary for a family to do that for their employees, especially to that extent,” says Jordan Glatt, director of strategic partnerships for the Community Foundation of New Jersey, which manages an array of philanthropic funds.

At Doherty Enterprises, a special committee of hourly employees and restaurant managers, chaired by Tracy Pryde, an executive assistant, review all applications and decide who should receive help and how much. Doherty said the committee has full autonomy but there have been times when the members asked the company’s board for guidance.

Over the past 13 years, the foundation raised more than $4.3 million and now more than 87 percent of the workforce contributes to it. “We are a team,” Doherty says. He credits the foundation for helping his company attract and retain good workers.

“The restaurant business is an experience business. The only way to differentiate yourself is service. We have to wow our guests every time. We have to make sure we work as a team.”

Glatt said the community foundation has found that emergency funds like the Wow Foundation “create an immeasurable amount of goodwill for the company.”

“We hope that other companies steal shamelessly from it and set up organizations like it,” Doherty said.

Advances in Breast Cancer Diagnosis and Treatment are Saving Lives

COMPILED BY MILES Z. EPSTEIN, EDITOR, COMMERCE

HOSPITALS AND PHYSICIANS ARE diagnosing and treating breast cancer with new technologies and pharmaceuticals, saving lives and helping breast cancer patients navigate the path to remission, recovery and health. As March is Women’s History Month, COMMERCE asked some of New Jersey’s top hospitals and doctors to discuss state-of-the-art patient care and how modern medicine is advancing to meet the challenge posed by this complicated disease. In addition, this section features healthcare reports from accounting firms, banks, colleges and universities, and law firms that support, finance and train these healing places.

Englewood Health By Rachelle Leong, M.D., Breast Surgeon

One major development has been in the localization devices we use for surgery. Some breast cancers will present with calcifications that cannot be felt but can be seen on a mammography. In some of these cases, a microscopic clip is placed post-biopsy. For many years we placed a Kopans wire in the breast on the day of surgery, which required patients to return to radiology for an additional procedure before coming to the operating room. Now we use various localization devices for surgery, including Faxitron RFIDs and other kinds of nuclear seeds, which can be placed into the area of concern at the time of biopsy, allowing patients to skip an additional procedure and the discomfort of the wire on the day of surgery; they can just come straight to the operating room. This not only saves time for patients and medical staff, but also limits the risk and anxiety of having an additional procedure on the day of surgery—and is much more discreet than walking to the operating room with a wire sticking out of the breast.

Hackensack University Medical Center, John Theurer Cancer Center By Deena Mary Atieh Graham, M.D., Breast & Gyn Oncologist

We expect approvals for new medications for HER2+ breast cancer, which impacts many women. Two promising new agents are Tucatinib, which shows effectiveness with brain metastases, and ENHERTU, an alternative for patients who haven’t had success with other therapies. Next generation sequencing is helping us better understand the genetic makeup of cancer cells and target treatments to certain mutations within cancer cells. Piqray is a great example of targeted treatment—recently developed for patients with PIK3CA mutations. Combining immuno-therapy with chemotherapy offers benefits to patients with Triple-negative breast cancer, one of the more aggressive forms of breast cancer, stimulating the immune system and killing cancer cells.

Hackensack University Medical Center, John Theurer Cancer Center By Donna M. McNamara, M.D.

The 2019 San Antonio Breast Cancer Symposium discussed several life-saving, targeted, promising treatments. Patients with advanced breast cancer responded well to genomic testing PlasmaMATCH trial, which performs next generation sequencing to provide targeted therapies. Patients with HER2+ metastatic breast cancer responded well to a DESTINY trial, which directly kills cancer with fewer side effects. The targeted pill Tucatinib seems effective in treating HER2+ cancer that has spread to the brain. The study KEYNOTE-522 used immunotherapy on Triple-negative breast cancer and found patients on Keytrude had a higher response rate. Piqray is another new targeted agent effectively treating patients with ER+/PR+HER2- breast cancer that have a PIK3CA gene mutation.

Holy Name Medical Center By Jean T. Jordan, MPA, VP, Oncology Services, Patricia Lynch Cancer Center

Holy Name’s Breast Center is a comfort-ing environment where patients can have all their breast care needs met during one appointment. Our state-of-the-art technology includes 3D tomosyn-thesis mammograms, which are up to 40% better than 2D digital mammograms at finding breast cancer; and Contrast Enhanced Spectral Mammography, which often replaces breast MRI to diagnose breast cancer. Our teams of breast cancer specialists at the Patricia Lynch Cancer Center provide the most effective treatments, including surgery, radiation therapy, chemotherapy, targeted therapies and hormonal therapy. Oncolo-plastic surgery has enabled women with large tumors to have safe breast-conserving surgery, while still allowing for an excellent cosmetic appearance. For patients who undergo mastectomy, options include surgery that preserves the nipples and other skin. For reconstruction, through the microsurgical expertise of our plastic surgeons, options include the use of implants or the patient’s own skin from other parts of her body. Patients who have locally advanced disease in the armpit lymph nodes may be candidates for less aggressive surgery that will avoid lymphedema, a painful swelling of the arm. Certain types of breast cancer can be treated with targeted therapies, which block the growth and spread of cancer. PARP inhibitors, medications that interfere with the growth of cancer-ous cells, may be recommended for patients who carry BRCA gene mutations. Our Institute for Clinical Research is participating in clinical trials that harness a patient’s immune system to fight cancer.

Rutgers Cancer Institute of New Jersey By Deborah Toppmeyer, M.D., Chief Medical Officer; and Director of the Stacy Goldstein Breast Cancer Center and LIFE Center

Advances in breast cancer treatment stem from a greater understanding of the unique molecular signatures of the different breast cancer subclasses that has informed the discovery and development of multiple new targeted therapies. The natural history of one such subclass, the HER2 overexpressing subclass, has changed dramatically owing to multiple HER2 targeted therapies now available to treat both early-stage and metastatic disease. Two new agents have joined the HER2 clinical armamentarium and the studies leading to their approval, HER2Climb and Destiny, were recently presented at the San Antonio Breast Cancer Symposium. These unique agents target the cancer cell differently: tucatinib is a small molecule that is highly selective for HER2; and trastuzumab deruxtecan is a HER2 targeted antibody-drug conjugate. Clinical trials testing these drugs demonstrated significant activity in patients with HER2 positive breast cancer who had received multiple prior therapies. These targeted agents provide new options for patients whose tumors have developed resistance to current treatments.

Rutgers Cancer Institute of New Jersey contributes to advances in breast cancer treatment through clinical trials, which are also accessible through RWJBarnabas Health facilities as a result of our partnership. Through translational research, our aim is to further improve effectiveness and reduce toxicity of breast cancer therapy.

Trinitas Regional Medical Center By Clarissa Henson, M.D., Chair of Radiation Oncology

Trinitas is the first cancer treatment facility in New Jersey to offer breast cancer patients AccuBoost radiotherapy technology, an image-guided, non-invasive adaptive breast brachytherapy treatment. AccuBoost uses real-time, image-guidance via mammography to localize the treatment. On average, when using the current standard of care, only 51 percent of the treatment area receives 90 percent of the dose. AccuBoost takes the guesswork out of radiation therapy by allowing doctors to see the site where cancer was removed and target the radiation by accurately identifying the tumor bed and precisely positioning the applicators to avoid undue exposure to the skin, heart and lungs. AccuBoost allows patients to see the area that is being treated in real-time. This new technology is informative for patients and involves them in their care.

Valley-Mount Sinai Comprehensive Cancer Care By Eleonora Teplinsky, M.D., Head, Breast Medical Oncology; and Clinical Assistant Professor, Medicine, Icahn School of Medicine at Mount Sinai

There have been a number of breakthroughs, advances, and new medications for the treatment of breast cancer in all breast cancer subtypes (hormone receptor positive, HER2 positive, and triple negative breast cancer). These promising new drugs, some of which already have U.S. Food and Drug Administration approval, include tucatinib, trastuzumab deruxtecan, atezolizumab and alpelisib. One of the most promising areas of research is circulating tumor DNA and circulating tumor cells, which are biomarkers of disease that can be detected in the blood. We hope that these will play an important role in risk stratification and as predictors of recurrence in the future, but more research into this is still needed and is ongoing. We understand that there is no one treatment that is right for every woman, and a personalized and individualized approach to care is the best way to manage a diagnosis of breast cancer. Specifically, we are continuing to learn which patients need intensification of treatment and which patients benefit from de-escalation of care. Finally, there is increasing research on ways to reduce the risk of breast cancer and breast cancer recurrence through lifestyle choices, such as diet, exercise and alcohol use.

This section features healthcare reports from accounting firms, banks, colleges and universities and law firms that provide support services and staffing for medical facilities and practices.

ACCOUNTING

Sax, LLP By Susan E. Reed, CPA, CFP, Partner-in-Charge, Healthcare Industry Services Group

One of our healthcare clients has been repeatedly approached by investment bankers and private equity to consider merger opportunities. With the multiples being offered, it was something they wanted to pursue. When they considered potential candidates, we assisted by addressing some major pre-merger considerations to put them in the best position possible. This included: (1) What are the goals of the merger? If it is to become larger, then the appropriate merger candidates would be other groups in your specialty. If it is to become more diversified, then the appropriate candidate would add a specialist to the group. (2) Under-stand the culture. To ensure synergies will be achieved, all parties are going to need to learn to compromise. Doing due diligence on merger partners extends beyond the numbers. You need to understand how the potential partners run their practice. (3) Analyze the financial benefits and potential costs. While we expect being bigger brings more bargaining power, it also brings potential burdens. These include complying with FMLA, costs of technology, upgrading staff and developing a management structure. Armed with this information, our client was able to narrow down the large playing field to focus on several strategic partners.

SobelCo By Monica H. Kaden, MBA, ASA, ABV, CHFP, Director, Business Valuations; and Leader, Healthcare Practice

We were recently asked to offer essential advice to two healthcare clients who were considering being purchased by private equity groups. As more physician practices are being rolled up, the medical landscape is becoming filled with, and shaped by, large super groups, especially for practices that focus on dermatology, urology, ophthalmology and dental where these takeovers are prevalent. When two dermatology clients were approached with offer letters, they asked me to assess the details of the deal, including the proposed purchase price and future compensation. Drawing on my previous experiences in the healthcare area, I was able to review the facts and provide an objective perspective that added value for the clients. Based on a historical analysis of our clients’ existing compensation and taking into consideration the alleviation of most administrative duties, we determined the deals were advantageous. Eliminating many of the daily, non-medical burdens such as human resources, federal compliance and billing, combined with a reasonable purchase price and fair compensation going forward, made the deals proposed worthwhile for both our clients—despite their differences, as one was a solo practitioner and the other was a multi-physician practice. Both clients elected to be purchased based on our evaluations of their situations.

Withum By Domenic Segalla, Leader, Healthcare Advisory Team

One of our large medical center clients needed healthcare advisory services to improve their overall workflow and patient satisfaction. The CEO of the medical center voiced that they wanted to expand their Oncology services as well as make certain they were properly billing all services to ensure compliance and proper reimbursement. Withum’s Advisory Team had the necessary experience, resources and tools to perform a review of billing and coding processes with an outcome of additional revenue. Overall, the client’s needs were fulfilled as they continue to expand services for their patients.

BANKING

TD Bank By Dan Croft, Head, Healthcare Practice Solutions Group

The Healthcare Practice Solutions Group (HPSG) at TD Bank helps dentists, veterinarians, physicians and eyecare professionals with their unique financial needs and challenges throughout every stage of their practice life cycle including, but not limited to, practice acquisitions, equipment purchases, practice expansion, relocation or remodeling as well as practice-related commercial real estate purchases and refinances. The HPSG team provides tailored financing solutions for each stage of these professionals’ careers and practices by offering lending solutions up to $20 million with 100 percent practice financing plus working capital, working capital lines of credit, loans specifically designed to match the professional’s need, and personal banking with a full suite of services including medical professional residential mortgages. As the healthcare industry continues to consolidate, the HPSG also offers financing solutions for entrepreneurs owning multi-location group practices. Recently, the team provided an approximately $1 million loan, financing 100 percent of the request, for a veterinary facility expansion project in Gloucester County, New Jersey.

Valley Bank By Josephine Savastano, Executive Vice President, Chief Lending Officer

Valley has long been a trusted partner of the healthcare industry, providing a large variety of products to meet the overall needs of our customers, which include skilled nursing, ambulatory/outpatient facilities, physician/dental groups, assisted living, not-for profit organizations, and acute care centers among other sectors. The bank offers a wide range of products, which span from depository and treasury services to customized lending solutions to help healthcare professionals meet the challenges they face today. We understand those challenges in our specialized banking group and are devoted to helping our customers strategize to meet their goals in a timely manner. One recent example was a portfolio acquisition for more than $80 million, where the financing package included a Bridge-to-HUD loan, improvement loans for the facilities, equipment financing and working capital. This acquisition was in several states with varying regulatory requirements, and we were able to provide advice and flexibility in the structure to allow for the ramp-up of reimbursements, as well as providing a full complement of depository needs to meet the company’s full solution. By taking the time to understand the customer’s key objectives, we were able to help them achieve their goals.

HIGHER EDUCATION

County College of Morris By Patrick Enright, Vice President of Professional Studies and Applied Sciences

A recognized leader in the education of healthcare professionals, County College of Morris (CCM) is committed to addressing the rapidly growing needs of New Jersey’s healthcare industry. Through our programs, individuals at various life stages are offered a wide range of opportunities to pursue rewarding careers in healthcare. Currently, CCM is the major provider of nurses, radiologists and respiratory therapists in Morris County. In addition to our degree programs, we offer certificate programs through our Center for Workforce Development in such areas as alcohol and drug counseling, medical billing and coding, and nursing aides. In response to the growing and changing needs for skilled healthcare professionals, CCM also is the process of adding new programs in diagnostic medical sonography and paramedic science, while others are also under discussion.

Montclair State University By Dr. Janice Smolowitz, DNP, RN, ANP-BC, Dean, School of Nursing

Montclair State University’s School of Nursing now offers a Master’s Direct Entry (MDE) program for the Master of Science in Nursing degree for graduates with bachelor’s degrees in non-nursing disciplines. This innovative, 18-month program prepares successful graduates to take the RN licensure exam. MSU values the unique perspective these students bring to nursing. Building on their existing skills and knowledge, the school is committed to preparing these students to become licensed registered nurses with advanced knowledge in Care Coordination and Transition Management. MSU understands the needs of adult learners as they transition to a new career and are excited to be part of their journey to becoming licensed registered nurses. As a public university, Montclair State is among the most affordable options in the state. The first cohort of our Master’s Direct Entry students will start summer 2020.

Stockton University By Dr. Amy Beth Glass, Director, Graduate Studies

Stockton University’s healthcare programs target the present and future needs of New Jersey residents. In fall 2020, we begin a new MBA in Healthcare Administration & Leadership targeting professionals in the industry. That program joins Master of Science degrees in Counseling, Communication Disorders, Nursing and Occupational Therapy, and doctorate programs in Nursing Practice and Physical Therapy. Post-Masters Certificate Programs include Family Nurse Practitioner and Adult-Gerontology Primary Care Nurse Practitioner. Stockton’s Communication Disorders Program includes a Hispanic Emphasis Specialization and a Speech and Hearing Clinic that provides affordable services to area residents. Stockton’s School of Health Sciences offers undergraduate degrees in nursing, exercise science, health science, biology, biochemistry and public health. An Accelerated BSN Program allows individuals with a bachelor’s degree to rapidly earn their BS in nursing. The university also has dual degree programs with the Rutgers School of Pharmacy, the Rowan School of Osteopathic Medicine and Thomas Jefferson University.

William Paterson University By Dr. Venkat Sharma, Dean

We offer bachelor’s and master’s degrees in biotechnology and exercise science, and bachelor’s degrees in biology, public health and health studies. We also offer bachelor’s and master’s degrees in nursing, post-master’s certification as an adult/ gerontology or family nurse practitioner, and the “doctor of nursing practice”—the highest-level clinical degree in nursing. Our master’s degree in communication disorders and sciences prepares students for careers as speech-language pathologists in schools, medical settings and private practice. Graduates meet the academic and clinical education standards required for the Certificate of Clinical Competence in Speech-Language Pathology and New Jersey licensing/certification requirements. Students gain clinical experience in our campus Speech and Hearing Clinic providing diagnostic and treatment services to the community. Our doctorate in clinical psychology prepares students for clinical practice and research positions. We are excited about our new adult degree completion program in health studies offered through our School of Continuing and Professional Education along with numerous non-credit nationally recognized industry-specific healthcare certifications and courses approved for continuing education for speech pathologists and nurses. All our programs are supported by state-of-the- art laboratories and clinical spaces.

LAW

Fox Rothschild LLP By Elizabeth G. Litten, Esq., Partner, HIPAA Privacy & Security Officer

Companies serving healthcare providers or health plans often create or receive data that is protected health information under HIPAA. These companies are deemed “business associates” that also must comply with the HIPAA Security Rule, Breach Notification Rule and most of the Privacy Rule. If a business associate experiences a security incident or breach, it must report the incident and may be required to perform a risk assessment or take other action based on the terms of each of its business associate agreements (BAA), which can vary significantly. Our firm understands these challenges and has created the BAA Matrix and HIPAA Incident Tracker to aid business associate clients in tracking these obligations. We developed proprietary technology that prompts attorney review and input to identify and catalogue key terms from each BAA (the BAA Matrix). This information is then accessed by another tool that allows users to input information related to a security incident or breach (the HIPAA Incident Tracker). The Tracker was developed using HIPAA regulatory requirements and guidance documents to capture information required for both HIPAA and BAA compliance. The firm’s business associate clients can now quickly create an incident response plan that spells out when reporting is required and whether additional action must be taken.

Gibbons P.C. By Barry Liss, Esq., Healthcare Team Leader

We were approached by a large, multi-specialty, multi-site physician practice that was nearing the end of a long-term exclusive professional services agreement with a medical group that was affiliated with a large hospital system. The multi-specialty practice desired to extend the exclusive agreement, enhance its integration into the other medical practice and, ultimately, become fully integrated with the hospital. The problem involved structuring the transaction so it complied with a range of complex healthcare regulatory requirements while still achieving the client’s goal of leading to

a fully clinically integrated result. The problem was resolved by extending the existing exclusive professional services agreement and then, upon its expiration, automatically transitioning the client’s group to full employment arrangements with the medical group affiliated with the hospital. During the extension period the client retained complete autonomy over its practice and, under the negotiated employment arrangement, the client continued to have a meaningful role in clinical and managerial matters.

Harwood Lloyd, LLC By David Meinhard, Esq. Counsel

A healthcare practice made up of a number of psychologists and other healthcare providers was closing, with the providers opening up new practices. The client requested guidance on how to ensure they were in compliance with the HIPAA privacy rule, as well as state and other federal laws related to transferring medical records. I gathered the facts to understand the client’s practices related to the way they maintained paper and electronic files, who their Electronic Medical Records (EMR) vendor was, and their privacy policy language. A thorough review of the various laws was done to provide the guidance, as there are inconsistencies between HIPAA and the state privacy obligations of the five different types of healthcare providers in the practice. Some of the healthcare services included substance use disorder counseling, which brought in to play more stringent and less well-known laws regarding that subset of records. An action plan was provided on the steps to take, including notices to be sent to their patients, circumstances where written patient authorizations were required, and the need to ensure that their contracts with third parties accessing or holding their patient information (including off-site storage) were reviewed and modified. This guidance enabled the practice to move forward in a manner that complied with patient privacy laws.

NPZ Law Group, P.C. By David H. Nachman, Esq., U.S. Managing Attorney

Our immigration lawyers represent highly skilled foreign workers such as doctors, researchers and scientists with regard to their temporary and permanent U.S. business immigration law issues. Last month, we assisted a foreign-born doctor in obtaining her J-1Visa Waiver through the CONRAD Program. They also secured a work visa for her because she is willing to work in a medically underserved area in New Jersey. Under the J-1 Visa Waiver program, the doctor signed a three-year contract to work in a medically underserved area. In return, she was able to waive her two-year home physical residence requirement.  NPZ assists foreign medical graduates to attain place-ment(s) in medically underserved areas at federal- and state-funded clinics in Newark and Camden. The 212(E) Waiver Process helps highly skilled foreign medical professionals stay and work legally in the United States while improving the quality of medical care delivery in medically underserved communities in both New Jersey and throughout the United States.

Sills Cummis & Gross P.C. By Lori M. Waldron, Esq., Co-Chair, Life Sciences Practice Group

In 2019, one of my firm’s life sciences clients was deep into its research and development of a novel drug product that has the potential to significantly improve the health of many patients. In order to maximize the likelihood of clinical and commercial success, our client desired to strengthen the intellectual property position of the proposed product by obtaining a patent license from a third-party for a proprietary drug delivery technology. One problem with the proposed license, however, was that the licensor was requiring overly burdensome upfront, milestone and other license fees. If our client paid these amounts, it would have to significantly reduce the funds allocated to its ongoing R&D work. This would jeopardize the projected timeline leading up to commercial launch and ultimately reduce profits. We were able to help our client overcome this problem by developing and proposing a set of rather creative financial terms. The licensor was able to appreciate the uniqueness of our proposal and see the upside potential for both parties. After quite a bit of negotiating and number crunching, the two companies signed a win-win licensing deal.

Rounding Analytical Data to Determine Compliance with Remediation Standards

COMPILED BY JOHN JOSEPH PARKER, CONTRIBUTING EDITOR

THE NEW JERSEY DEPARTMENT of Environmental Protection (NJDEP) has been receiving an increasing number of inquiries regarding rounding analytical data as a method to determine compliance with remediation standards. The NJDEP does not have an official policy regarding rounding as a method of compliance. It should also be noted that current laws and rules regarding remediation do not address rounding as a method of compliance.

The NJDEP has determined that this issue is best addressed by amending the “Technical Guidance for the Attainment of Remediation Standards and Site-Specific Criteria,” and will be reconvening the stakeholder committee to discuss the rounding issue.

Until the technical guidance is revised, rounding of analytical data should be handled in the following manner. For analytical data associated with Immediate Environmental Concern and Vapor Concern cases, rounding should not be conducted. This is consistent with a long-standing practice used by the Site Remediation and Waste Management Program (SRWMP) Immediate Concern Unit.

For all other analytical data, the LSRP, keeping in mind that highest priority in the performance of professional services shall be the protection of public health and safety and the environment, should use their independent professional judgment in determining if rounding of analytical data is appropriate. If analytical data are rounded, the technical justification for doing so must be contained in the appropriate document submittal.

Cleaning Up the Ringwood, NJ, Mines/Landfill Superfund Site

The U.S. Environmental Protection Agency (USEPA) is proposing a cleanup plan to address ground water and mine water contamination at the Ringwood Mines/Landfill Superfund Site in Ringwood, New Jersey.

The USEPA’s proposed plan to address contaminants in ground water at the site provides for the installation of wells near the Peters Mine Pit and Peters Mine Pit Airshaft, perpendicular to the direction of ground water flow, to introduce an oxygen-releasing compound into the aquifer to enhance the breakdown of contaminants.

“The USEPA has been closely engaged with the community through public information sessions and Community Advisory Group meetings,” says USEPA Regional Administrator Pete Lopez. “These critical engagements with community stakeholders have provided the USEPA with significant insight into the concerns of the local community, which will be considered by the USEPA as we work to select a final remedy for the site.”

The USEPA’s proposed plan also addresses contaminants in mine water in the Peters Mine Pit Airshaft by adding granular activated carbon and resin into the Peters Mine Pit Airshaft to treat contaminants. The Peters Mine Pit Airshaft would then be closed using conventional mine shaft closure technology. The specific technology will be determined during the design of the cleanup.

With these combined actions, the USEPA expects to address an ongoing source of ground water contamination and help the aquifer to recover. This plan also provides for long-term ground water and surface water monitoring to ensure the protection of drinking water resources.

Throughout the cleanup, the USEPA will monitor the progress and, after the remedy has been fully implemented, conduct a review of the cleanup at least every five years to ensure its effectiveness. Under the proposed plan, the estimated cost of cleanup is approximately $3.4 million.

The 500-acre Ringwood Mines/Landfill Site is in a historic iron mining district in the Borough of Ringwood, New Jersey. The site, which is in a forested area with about 50 private homes, includes abandoned mine shafts and pits, an inactive landfill and other disposal areas.

During the late 1960s and early 1970s, areas of the site were used to dispose of waste materials, including paint sludge and waste in drums, from Ford’s automobile assembly plant in Mahwah, New Jersey. Sampling of the paint sludge showed that it contained lead, arsenic, chromium and other contaminants.

The site was originally added to the Superfund list of hazardous waste sites in 1983. It was removed from the Superfund list in 1994 based on a finding that all appropriate cleanup actions had been taken. In 1995, 1998 and 2004, additional areas of paint sludge were discovered at the site, prompting further cleanup actions. The USEPA restored the site to the Superfund list in 2006 due to this discovery of additional contaminated materials.

Between 1984 and 1988, Ford, with USEPA oversight, conducted an investigation of the nature and extent of contamination at the site. Ford excavated and disposed of the paint sludge found, and monitored ground water and surface water on a long-term basis.

In 1987-1988, 7,000 cubic yards of paint sludge and soil were removed from the site. Approximately 600 cubic yards of paint sludge, and 54 intact and crushed drums were removed in 1990. Since December 2004, approximately 53,528 tons of additional paint sludge, drum remnants and associated soil from the Peter’s Mine Pit Area, the O’Connor Disposal Area and 16 other disposal areas within the site were removed and disposed of properly at permitted facilities.

The USEPA’s cleanup of the land- based contamination in three areas of the site is in the pre-construction phase. It contains the following elements to address contamination in three areas of the site:

Peter’s Mine Pit—Contaminated soil and material will be removed from the opening and the pit will be capped.

Cannon Mine Pit—The mine pit will be capped.

O’Connor Disposal Area—The area will be capped, and the Borough of Ringwood plans to build a recycling center on this area of the site.

Protecting America’s Vital Surface Waters

In commemoration of the USEPA’s 50th anniversary, the agency is celebrating progress that has been made in protecting America’s surface waters to improve these ecosystems and help protect public health.

“The USEPA is proud of the significant progress we have made in protecting and restoring our nation’s waters, particularly our surface waters,” says USEPA Assistant Administrator for Water Dave Ross. “Many of our lakes, rivers and streams that were once severely contaminated now support healthy aquatic ecosystems and the surrounding communities. Working with the agency’s federal, state, local, tribal and water sector partners, we continue driving progress that protects the environment and human health.”

The USEPA’s Hypoxia Task Force is a group of 12 states, a tribal representative and five federal agencies that work collaboratively to combat the nation’s largest hypoxic (low-oxygen) aquatic zone, which is located in the northern Gulf of Mexico. Reducing excess nutrients across a subcontinental watershed where millions of people live—and the land supports a prospering nation— is an enormous job that will take years to accomplish.

The U.S. Department of Agriculture (USDA) is making $17.5 million available in 2020 to support conservation investments by agriculture producers through its Mississippi River Basin Healthy Watersheds Initiative, and more than $38 million to support producers in 300 small watersheds across the nation, including many watersheds in the Mississippi River Basin.

The USEPA welcomes USDA’s commitment to helping producers improve water quality, restore wetlands and enhance wildlife habitat, while ensuring the economic viability and productivity of agricultural lands.

Additionally, the USEPA houses a wide range of programs that are making progress protecting America’s surface waters. For example, the USEPA’s Section 319 Program has helped restore 832 impaired waterbodies, including helping to partially or fully restore 250,000 acres of lakes and ponds as well as 10,000 miles of rivers and streams, since 2005 by providing funds to states, tribes and territories to help address nonpoint sources of pollution.

Additionally, the USEPA’s National Estuary Program, with its partners, has protected and restored more than 2 million acres of estuary habitat since 2000. The agency has also helped restore approximately 4,316 acres of land and wetlands since 2013 through investing nearly $4.1 million into 193 community-based, Five-Star and Urban Waters Restoration Grant Program projects.