Medical Malpractice Attorney Fee
The New Jersey Medical Care Access and Responsibility and Patients First Act (P.L. 2004, c.17) assesses an annual surcharge of $3 per employee for all employers who are subject to the New Jersey unemployment compensation law and annual $75 charges on all State licensed physicians, podiatrists, chiropractors, dentists, optometrists and attorneys. The Division of Taxation is responsible for collection of the annual $75 fee on attorneys only. The fee expires in three years. Fees will be collected in the years 2004, 2005 and 2006. The 2005 attorney fee assessment will be mailed by the Division in December 2005.
The fee applies to all attorneys licensed to practice law in New Jersey except those attorneys: (1) Constitutionally or statutorily barred from the practice of law; (2) That can show that they do not maintain a bona fide office in New Jersey for the practice of law; (3) Who have retired completely from the practice of law; (4) On full time duty in the armed forces, VISTA or the Peace Corps and not engaged in the practice of law; (5) Ineligible to practice law because they have not made their New Jersey Lawyers’ Fund for Client Protection payment; (6) Or newly admitted to the bar that have not practiced law for at least one year.
All revenues from the surcharges and fees are deposited into the Medical Malpractice Liability Insurance Premium Assistance Fund. The fund is administered by the New Jersey Department of Banking and Insurance and is used for a variety of health care purposes including providing relief towards the payment of medical malpractice liability insurance premiums to certain health care providers in this State and providing payments to hospitals as charity care subsidies.
Inquiries regarding payments made from the fund should be directed to the New Jersey Department of Banking and Insurance at (609) 777-9470. Inquiries regarding the Attorney Fee should be directed to the Regulatory Services Branch, Division of Taxation, (609) 292-5994.