reglab/housing_qa huggingface dataset:
NJ Rev Stat § 26:2H-73 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-73 - Immunities

26:2H-73. Immunities  21. a. A health care representative shall not be subject to criminal or civil liability for any actions performed in good faith and in accordance with the provisions of this act to carry out the terms of an advance directive.  b. A health care professional shall not be subject to criminal or civil liability or to discipline by the health care institution or the respective State licensing board for professional misconduct for any actions performed in good faith and in accordance with the provisions of this act, any rules and regulations established by the Department of Health pursuant to this act, and accepted professional standards to carry out the terms of an advance directive.  c. A health care institution shall not be subject to criminal or civil liability for any actions performed in good faith and in accordance with the provisions of this act to carry out the terms of an advance directive.  L.1991,c.201,s.21.
NJ Rev Stat § 26:2H-74 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-74 - Absence of advance directive, act not applicable

26:2H-74. Absence of advance directive, act not applicable  22. The absence of an advance directive shall create no presumption with respect to a patient's wishes regarding the provision, withholding or withdrawing of any form of health care. The provisions of this act do not apply to persons who have not executed an advance directive.  L.1991,c.201,s.22.
NJ Rev Stat § 26:2H-75 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-75 - Advance directive shall not affect insurance, benefits coverage

26:2H-75. Advance directive shall not affect insurance, benefits coverage  23. The execution of an advance directive pursuant to this act shall not in any manner affect, impair or modify the terms of, or rights or obligations created under, any existing policy of health insurance, life insurance or annuity, or governmental benefits program. No health care practitioner or other health care provider, and no health service plan, insurer, or governmental authority, shall deny coverage or exclude from the benefits of service any individual because that individual has executed or has not executed an advance directive. The execution, or non-execution, of an advance directive shall not be made a condition of coverage under any policy of health insurance, life insurance or annuity, or governmental benefits program.  L.1991,c.201,s.23.
NJ Rev Stat § 26:2H-76 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-76 - Advance directive executed in other jurisdictions, validity

26:2H-76. Advance directive executed in other jurisdictions, validity  24. An advance directive executed under the laws of another state in compliance with the laws of that state or the State of New Jersey is validly executed for purposes of this act. An advance directive executed in a foreign country in compliance with the laws of that country or the State of New Jersey, and not contrary to the public policy of this State, is validly executed for purposes of this act.  L.1991,c.201,s.24.
NJ Rev Stat § 26:2H-77 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-77 - Applicability of other law

26:2H-77. Applicability of other law  25. a. The withholding or withdrawing of life-sustaining treatment pursuant to section 15 of this act, when performed in good faith, and in accordance with the terms of an advance directive and the provisions of this act, shall not constitute homicide, suicide, assisted suicide, or active euthanasia.  b. To the extent any of the provisions of this act are inconsistent with P.L.1971, c.373 (C.46:2B-8 et seq.) concerning the designation of a health care representative, the provisions of this act shall have priority over those of P.L.1971, c.373 (C.46:2B-8 et seq.).  Durable powers of attorney for health care executed pursuant to P.L.1971, c.373 (C.46:2B-8 et seq.) prior to the effective date of this act shall have the same legal force and effect as if they had been executed in accordance with the provisions of this act.  c. Nothing in this act shall be construed to impair the rights of emancipated minors under existing law.  L.1991,c.201,s.25.
NJ Rev Stat § 26:2H-78 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-78 - Violations, penalties

26:2H-78. Violations, penalties  28. a. A health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline for professional misconduct pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).  b. A health care institution that intentionally fails to act in accordance with the requirements of this act shall be subject to a fine of not more than $1,000 for each offense. For the purposes of this subsection, each violation shall constitute a separate offense. Penalties for violations of this act shall be recovered in a summary civil proceeding, brought in the name of the State in a court of competent jurisdiction pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).  c. The following acts constitute crimes: (1) To willfully conceal, cancel, deface, obliterate or withhold personal knowledge of an advance directive or a modification or revocation thereof, without the declarant's consent, is a crime of the fourth degree.  (2) To falsify or forge an advance directive or a modification or revocation thereof of another individual is a crime of the fourth degree.  (3) To coerce or fraudulently induce the execution of an advance directive or a modification or revocation thereof is a crime of the fourth degree.  (4) To require or prohibit the execution of an advance directive or a modification or revocation thereof as a condition of coverage under any policy of health insurance, life insurance or annuity, or governmental benefits program, or as a condition of the provision of health care is a crime of the fourth degree.  d. Commission of any of the acts identified in paragraphs (1), (2), or (3) of subsection c., resulting in the involuntary earlier death of a patient, shall constitute a crime of the fourth degree.  e. The sanctions provided in this section shall not be construed to repeal any sanctions applicable under other law.  L.1991,c.201,s.28.
NJ Rev Stat § 26:2H-79 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-79 - Definitions relative to hospices

26:2H-79. Definitions relative to hospices  1. As used in this act, "hospice care program" means a coordinated program of home, outpatient, and inpatient care and services that is operated by a public agency or private organization, or subdivision of either of these entities, and that provides care and services to hospice patients and to hospice patients' families, through a medically directed interdisciplinary team, under interdisciplinary plans of care in order to meet the physical, psychological, social, spiritual, and other special needs that are experienced during the final stages of illness, dying, and bereavement. A hospice care program shall provide the following care and services: a. Nursing care by or under the supervision of a registered professional nurse; b. Physical, occupational, or speech or language therapy; c. Medical social services by a certified or licensed social worker under the direction of a physician; d. Services of a certified home health aide; e. Medical supplies, including drugs and biologicals, and the use of medical appliances related to terminal diagnosis; f. Physician's services; g. Short-term inpatient care, including both palliative and respite care and procedures; h. Spiritual and other counseling for hospice patients and hospice patients' families; i. Services of volunteers under the direction of the provider of the hospice care program; and j. Bereavement services for hospice patients' families. L.1997,c.78,s.1.
NJ Rev Stat § 26:2H-80 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-80 - Licensing of hospice care program

26:2H-80. Licensing of hospice care program  2. a. A hospice care program shall not operate in this State unless it possesses a valid license issued by the Department of Health and Senior Services pursuant to this act. No public agency or private organization shall assume, represent itself as or use the word "hospice" or any modification or derivative thereof, unless the agency or organization is licensed pursuant to this act. b. Application for a license for a hospice care program shall be made upon forms prescribed by the department. The department shall charge such nonrefundable fees for the filing of an application for a license and any renewal thereof, as it shall from time to time fix in regulations, except the amount of this fee shall not exceed $2,000. The application shall contain the name of the hospice care program and such other information as the department may require. c. The department shall only issue a license to a hospice care program that provides written documentation that it is certified for participation in the federal Medicare program established pursuant to the federal Social Security Act, Pub. L. 89-97 (42 U.S.C. s.1395 et seq.). d. A nursing home licensed pursuant to the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.) that does not hold itself out to be a hospice, does not hold itself out as providing a hospice care program, does not use the term hospice to describe or refer to its activities or facilities, and does not provide all of the services enumerated in section 1 of this act is not subject to the licensing provisions of this act. e. A hospice care program licensed pursuant to this act shall not be subject to the certificate of need requirements of P.L.1971, c.136 (C.26:2H-1 et al.). L.1997,c.78,s.2.
NJ Rev Stat § 26:2H-81 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-81 - Rules, regulations.

26:2H-81 Rules, regulations.  3. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the provisions of this act. L.1997, c.78, s.3; amended 2012, c.17, s.239.
NJ Rev Stat § 26:2H-81.2 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-81.2 - Rules, regulations.

26:2H-81.2 Rules, regulations.  2. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. L.2017, c.135, s.2.
NJ Rev Stat § 26:2H-85 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-85 - Assumption of cost of background checks.

26:2H-85 Assumption of cost of background checks.  4. The Department of Health shall assume the cost of the criminal history record background check conducted on an applicant for nurse aide or personal care assistant certification, or a certified nurse aide or personal care assistant, as the case may be, pursuant to sections 2 through 6 and section 14 of P.L.1997, c.100 (C.26:2H-83 through 87 and C.53:1-20.9a). L.1997, c.100, s.4; amended 1997, c.284, s.4; 2000, c.20, s.3; 2012, c.17, s.242.
NJ Rev Stat § 26:2H-86 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-86 - Rules, regulations.

26:2H-86 Rules, regulations.  5. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt rules and regulations necessary to implement the provisions of sections 1 through 4 and section 6 of P.L.1997, c.100 (C.26:2H-82 through C.26:2H-85 and C.26:2H-87). L.1997, c.100, s.5; amended 2012, c.17, s.243.
NJ Rev Stat § 26:2H-87 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-87 - False statement; fine.

26:2H-87 False statement; fine.  6. Any person submitting a false sworn statement pursuant to section 3 of P.L.1997, c.100 (C.26:2H-84) shall be subject to a fine of not more than $1,000, which may be assessed by the Commissioner of Health. L.1997, c.100, s.6; amended 1997, c.284, s.5; 2012, c.17, s.244.
NJ Rev Stat § 26:2H-87.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-87.1 - Certification application requirements of a nurse aide from another state or United States territory

26:2H-87.1. Certification application requirements of a nurse aide from another state or United States territory  1. An individual certified as a nurse aide by another state or territory of the United States may apply to have that certification entered on the registry established and maintained by the Department of Health pursuant to section 3 of P.L.1997, c.100 (C.26:2H-84), provided that: a. the Department of Health receives documentation from the other state or territory that the applicant holds a current, valid certification as a nurse aide in the state or territory; b. the applicant has not been convicted of any crimes and has no documented findings of abuse, neglect, or misappropriation of resident property in the other state or territory; c. the applicant complies with the criminal history record background check requirements set forth under P.L.1997, c.100 (C.26:2H-83 et al.); and d. (1) the applicant has completed within the preceding 24 months the amount of continuing education hours required by regulation for a nurse aide; or (2) the applicant has the equivalent of at least two years of full time employment in the other state or territory as a nurse aide and the most recent date of such employment is within the 24-month period immediately preceding the date of the application. The Department of Health shall require an individual applying for a certification to be entered on the registry on the basis of work experience pursuant to this paragraph to complete the clinical skills competency examination and the written and oral competency examination, required by the Department pursuant to regulation, to verify the individual meets New Jersey's training and competency requirements. L.2019, c.18, s.1.
NJ Rev Stat § 26:2H-87.2 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-87.2 - Rules, regulations

26:2H-87.2. Rules, regulations  2. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement the provisions of this act. L.2019, c.18, s.2.
NJ Rev Stat § 26:2H-88 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-88 - Definitions relative to PACE program.

26:2H-88 Definitions relative to PACE program.  1. As used in this act: "Medicaid" means the program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). "Medicare" means the program established pursuant to Pub.L.89-97 (42 U.S.C. s.1395 et seq.). "PACE" means the "Program of All-Inclusive Care for the Elderly," operated by a public, private, nonprofit, or proprietary entity, as permitted by federal law. The program is a comprehensive health and social services delivery system that integrates acute and long-term care services. PACE is a capitated program which provides services to disabled and frail elderly persons who are certified by the State as nursing home eligible to maximize their autonomy and continued independence. L.1997, c.296, s.1; amended 2015, c.152, s.1.
NJ Rev Stat § 26:2H-89 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-89 - PACE program operation.

26:2H-89 PACE program operation.  2. A PACE program shall operate in the State only in accordance with a contract with the Department of Human Services pursuant to the provisions of P.L.1997, c.296 and P.L.2015, c.152. A contract entered into on or after the effective date of P.L.2015, c.152 shall require, at a minimum, that a provider of services under the PACE program submit to the department, on a monthly basis, the expenditure details of the encounters which a person enrolled in one of the programs has had with the program. The department shall utilize these details to analyze capitated rates and help ensure the efficient utilization of services from the program. The program shall not be subject to the requirements of P.L.1973, c.337 (C.26:2J-1 et seq.). L.1997, c.296, s.2; amended 2012, c.17, s.245; 2015, c.152, s.2.
NJ Rev Stat § 26:2H-90 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-90 - Cash reserves, demonstration.

26:2H-90 Cash reserves, demonstration.  3. A PACE or Pre-PACE program shall, at the time of entering into the initial contract and at each renewal thereof, demonstrate cash reserves to cover expenses in the event of insolvency. a. The cash reserves, at a minimum, shall equal the sum of: (1) One month's total capitation revenue; and (2) One month's average payment to subcontractors. b. The program may demonstrate cash reserves to cover expenses of insolvency with one or more of the following: reasonable and sufficient net worth, insolvency insurance, letters of credit or parental guarantees. L.1997,c.296,s.3.
NJ Rev Stat § 26:2H-91 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-91 - Enrollment, disenrollment terms.

26:2H-91 Enrollment, disenrollment terms.  4. A PACE or Pre-PACE program shall provide full disclosure regarding the terms of enrollment and the option to disenroll at any time to all persons who seek to participate or are participants in the program. L.1997,c.296,s.4.
NJ Rev Stat § 26:2H-91.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-91.1 - Participation eligibility for PACE program.

26:2H-91.1 Participation eligibility for PACE program.  1. a. A person who applies to participate in the PACE program shall notify and provide to the PACE program provider valid proof of the person's date of birth upon enrollment in the PACE program.  b. The PACE program provider shall notify and provide to each enrollee in the PACE program, three months prior to the date on which the enrollee will be 65 years of age, contact and eligibility information for the Medicare program and any other information the PACE program provider shall deem necessary to ensure that enrollees in the PACE program have sufficient information to allow them to apply for Medicare coverage.  c. As used in this section, the definitions of section 1 of P.L.1997, c.296 (C.26:2H-88) shall apply.  L.2015, c.151, s.1.
NJ Rev Stat § 26:2H-91.2 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-91.2 - Rules, regulations.

26:2H-91.2 Rules, regulations.  2. The Commissioner of Human Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.  L.2015, c.151, s.2.
NJ Rev Stat § 26:2H-92 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-92 - Short title.

26:2H-92 Short title.  1. This act shall be known and may be cited as the "Nursing Home Quality of Care Improvement Fund Act." L.2003,c.105,s.1.
NJ Rev Stat § 26:2H-93 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-93 - Findings, declarations relative to nursing home quality of care.

26:2H-93 Findings, declarations relative to nursing home quality of care.  2. The Legislature finds and declares that: a. It is in the public interest of this State for its nursing home industry to continue to provide high-quality services to those frail and vulnerable citizens who critically need nursing home care; b. Presently, New Jersey has the lowest Medicaid reimbursement rate in the region for nursing home services provided; c. Additional reductions in federal funding, together with the current budget crisis facing the State, are likely to deepen the nursing home industry's funding shortfall; d. This funding crisis leads directly to caregiver staffing problems, high staff turnover, reduced staffing levels, and, in turn, a diminution in the quality of nursing care services; e. By establishing an appropriate assessment on nursing homes, in accordance with federal regulations set forth at 42 C.F.R. s.433.68(f), additional funding will be made available to improve the quality of care by increasing Medicaid reimbursement for services delivered to those senior citizens and other persons residing in New Jersey nursing homes; f. It is, therefore, appropriate to establish a "Nursing Home Quality of Care Improvement Fund" by using investment contributions from nursing home providers to attract federal matching funds; and g. This innovative approach would allow New Jersey to improve nursing home services by using available federal dollars in the best manner possible. L.2003,c.105,s.2.
NJ Rev Stat § 26:2H-94 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-94 - Definitions relative to nursing home quality of care.

26:2H-94 Definitions relative to nursing home quality of care.  3. As used in this act: "Commissioner" means the Commissioner of Human Services. "Department" means the Department of Human Services. "Director" means the Director of the Division of Taxation in the Department of the Treasury. "Fund" means the "Nursing Home Quality of Care Improvement Fund" established pursuant to this act. "Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). "Nursing home" means a long-term care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), as well as the distinct part of another health care facility or continuing care retirement community that is licensed to provide skilled nursing care services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). For the purposes of this act, nursing home shall not include: an acute care hospital; assisted living facility; comprehensive personal care home; residential health care facility; adult day health care facility; alternate family care program; adult family care program; home health care agency; State psychiatric hospital; county health care facility, including, but not limited to, county geriatric center, county nursing home or other county long-term care facility; the New Jersey Firemen's Home; or a health care facility operated by the Department of Military and Veterans' Affairs. L.2003, c.105, s.3; amended 2004, c.41, s.1; 2012, c.17, s.246.