“New” New Jersey Health Statute Enacted and Changes 2009 Law For Surgical Practices

“New” New Jersey Health Statute Enacted and Changes 2009 Law For Surgical Practices


In the last days of the administration of Governor Chris Christie, he signed a new law relating to “surgical 
practices” that will impact New Jersey providers.

A1935/S287 requires all “surgical practices” to be licensed by the New Jersey Department of Health and Senior Services (“DHSS”) as ambulatory surgical facilities within one year of the enactment of the statute.  A 2009 New Jersey law required that surgical practices be registered (but not licensed) by DHSS.  

The new statute did not change the definition of a surgical practice: 

  • no more than one room dedicated for use as an operating room which is specifically equipped to perform surgery;
  • has one or more post-anesthesia care units or a dedicated recovery area where the patient may be closely monitored and observed until discharged; and
  • is established by a physician or surgical practice solely for the physician/practice’s private medical practice.  

In addition to the licensure requirement, the surgical practice may be required to meet New Jersey’s physical plant and structural requirements.  A surgical practice that is required to be licensed is exempt from the New Jersey ambulatory care facility assessment unless the surgical practice expands to include any additional rooms dedicated for use as an operating room.  
Providers with surgical practices should regularly review the DHSS web site for additional information relating to the surgical practice licensure process. The new statute may create additional opportunities for licensed surgical practices in New Jersey to enter or refine business relationships with other physicians and health care systems.  
For more information about the Firm’s Health Law Practice, please contact the authors or the Saul Ewing Arnstein & Lehr attorney with whom you are regularly in contact.

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