reglab/housing_qa huggingface dataset:
NJ Rev Stat § 26:2H-113 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-113 - Instruction directive legally operative, conditions.

26:2H-113 Instruction directive legally operative, conditions.  12. a. If the patient has executed an instruction directive but has not designated a mental health care representative, or if neither the designated mental health care representative or any alternate designee is able or available to serve, the instruction directive shall be legally operative. If the instruction directive provides clear and unambiguous guidance under the circumstances, it shall be honored in accordance with its specific terms by a legally appointed guardian, if any, family member, mental health care professional and psychiatric facility involved with the patient's mental health care, and any other person acting on the patient's behalf, except as provided in subsection c. of this section. b. If the instruction directive is, in the exercise of reasonable judgment, not specific to the patient's mental health condition and the treatment alternatives, the responsible mental health care professional, in consultation with a legally appointed guardian, if any, family member, or other person acting on the patient's behalf, shall exercise reasonable judgment to effectuate the wishes of the patient, giving full weight to the terms, intent and spirit of the instruction directive.  c. Departure from the specific provisions of the instruction directive shall be permitted only if the responsible mental health care professional determines that compliance with those terms or provisions would: (1) violate the accepted standard of mental health care or treatment under the circumstances of the patient's mental health condition; (2) require the use of a form of care or treatment that is not available to the mental health care professional responsible for the provision of mental health services to the patient; (3) violate a court order or provision of statutory law; or (4) endanger the life or health of the patient or another person.  L.2005,c.233,s.12.
NJ Rev Stat § 26:2H-114 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-114 - Additional rights, responsibilities of psychiatric facility.

26:2H-114 Additional rights, responsibilities of psychiatric facility.  13. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or any other law, a psychiatric facility shall have the following responsibilities: a. A psychiatric facility shall adopt such policies and practices as are necessary to provide for routine inquiry, at the time of admission, and at such other times as are appropriate under the circumstances, concerning the existence and location of an advance directive for mental health care. b. A psychiatric facility shall adopt such policies and practices as are necessary to provide appropriate informational materials concerning advance directives for mental health care to all interested patients and their families and mental health care representatives, and to assist patients interested in discussing and executing an advance directive for mental health care.  c. In situations in which a transfer of care is necessary, including a transfer for the purpose of effectuating a patient's wishes pursuant to an advance directive for mental health care, a psychiatric facility shall, in consultation with the responsible mental health care professional, take all reasonable steps to effect the appropriate, respectful and timely transfer of the patient to the care of an alternative mental health care professional or psychiatric facility, as necessary, and shall assure that the patient is not abandoned or treated disrespectfully. In those circumstances, a psychiatric facility shall assure the timely transfer of the patient's medical records, including a copy of the patient's advance directive for mental health care.  d. A psychiatric facility shall establish procedures and practices for dispute resolution in accordance with section 14 of this act.  e. A psychiatric facility shall adopt such policies and practices as are necessary to: inform mental health care professionals of their rights and responsibilities under this act; assure that those rights and responsibilities are understood; and provide a forum for discussion and consultation regarding the requirements of this act.  L.2005,c.233,s.13.
NJ Rev Stat § 26:2H-115 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-115 - Procedures, practices for resolving disagreements.

26:2H-115 Procedures, practices for resolving disagreements.  14. a. In the event of disagreement among the patient, mental health care representative and responsible mental health care professional concerning the patient's decision-making capacity or the appropriate interpretation and application of the provisions of an advance directive for mental health care to the patient's course of treatment, the parties may seek to resolve the disagreement by means of procedures and practices established by the psychiatric facility, including but not limited to, consultation with an institutional ethics committee, or with a person designated by the psychiatric facility for this purpose, or may seek resolution by a court of competent jurisdiction.  b. A mental health care professional involved in the patient's care, other than the responsible mental health care professional, or an administrator of a psychiatric facility may also invoke the dispute resolution process established by the psychiatric facility to seek to resolve a disagreement concerning the patient's decision-making capacity or the appropriate interpretation and application of the provisions of an advance directive for mental health care.  L.2005,c.233,s.14.
NJ Rev Stat § 26:2H-116 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-116 - Construction of act; severability.

26:2H-116 Construction of act; severability.  15. The provisions of this act shall not be construed to supersede any court order relating to, or the provisions of any other statute governing, commitment or admission to a psychiatric facility or the provision of mental health care, including, but not limited to, P.L.1987, c.116 (C.30:4-27.1 et seq.). Any conflict between a court order or the provisions of another statute and the provisions of an advance directive for mental health care, which renders those provisions of the advance directive invalid, shall not be deemed to invalidate any other provisions of the advance directive that do not conflict with the court order or statute.  L.2005,c.233,s.15.
NJ Rev Stat § 26:2H-117 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-117 - Rules, regulations relative to psychiatric facilities operated by the Department of Health.

26:2H-117 Rules, regulations relative to psychiatric facilities operated by the Department of Health.  16. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health, in consultation with the Commissioner of Human Services, shall adopt rules and regulations, with respect to psychiatric facilities licensed by the Department of Health, to:  a. provide for the annual reporting by those psychiatric facilities to the Department of Health, and the gathering of such additional data, as is reasonably necessary to oversee and evaluate the implementation of this act; except that the commissioner shall seek to minimize the burdens of record-keeping imposed by the rules and regulations and ensure the appropriate confidentiality of patient records; and b. require those psychiatric facilities to adopt policies and practices designed to:  (1) make routine inquiry, at the time of admission and at such other times as are appropriate under the circumstances, concerning the existence and location of an advance directive for mental health care; (2) provide appropriate informational materials concerning advance directives for mental health care, including information about the registry of advance directives for mental health care established or designated pursuant to section 17 of this act, to all interested patients and their families and mental health care representatives, and to assist patients interested in discussing and executing an advance directive for mental health care, as well as to encourage declarants to periodically review their advance directives for mental health care as needed;  (3) inform mental health care professionals of their rights and responsibilities under this act, to assure that the rights and responsibilities are understood, and to provide a forum for discussion and consultation regarding the requirements of this act; and  (4) otherwise comply with the provisions of this act. L.2005, c.233, s.16; amended 2012, c.17, s.249.
NJ Rev Stat § 26:2H-118 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-118 - Joint evaluation, report to Governor, Legislature.

26:2H-118 Joint evaluation, report to Governor, Legislature.  18. The Department of Health and the Department of Human Services shall jointly evaluate the implementation of this act and report to the Governor and the Legislature, including recommendations for any changes deemed necessary, within five years after the effective date of this act. L.2005, c.233, s.18; amended 2012, c.17, s.250.
NJ Rev Stat § 26:2H-119 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-119 - Immunity from criminal, civil liability.

26:2H-119 Immunity from criminal, civil liability.  19. a. A mental 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 for mental health care. b. A mental health care professional shall not be subject to criminal or civil liability, or to discipline by the psychiatric facility or the respective State licensing board for professional misconduct, for any actions performed to carry out the terms of an advance directive for mental health care in good faith and in accordance with: the provisions of this act; any rules and regulations adopted by the Commissioner of Health or the Commissioner of Human Services pursuant to this act; and accepted professional standards. c. A psychiatric facility 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 for mental health care. L.2005, c.233, s.19; amended 2012, c.17, s.251.
NJ Rev Stat § 26:2H-120 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-120 - Construction of act with advance directive for health care.

26:2H-120 Construction of act with advance directive for health care.  20. Nothing in this act shall be construed to impair the legal force and effect of an advance directive for health care executed pursuant to P.L.1991, c.201 (C.26:2H-53 et seq.) either prior to or after the enactment of this act.  L.2005,c.233,s.20.
NJ Rev Stat § 26:2H-121 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-121 - Absence of directive, no presumption created.

26:2H-121 Absence of directive, no presumption created.  21. The absence of an advance directive for mental health care 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 shall not apply to persons who have not executed an advance directive for mental health care. L.2005,c.233,s.21.
NJ Rev Stat § 26:2H-122 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-122 - Existing rights, obligations unaffected under health insurance programs.

26:2H-122 Existing rights, obligations unaffected under health insurance programs.  22. The execution of an advance directive for mental health care 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 provider, and no health benefits plan, insurer or governmental authority, shall exclude from health care services or deny coverage to any individual because that individual has executed or has not executed an advance directive for mental health care. The execution, or non-execution, of an advance directive for mental health care shall not be made a condition of coverage under any policy of health insurance, life insurance or annuity, or governmental benefits program. L.2005,c.233,s.22.
NJ Rev Stat § 26:2H-123 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-123 - Validity of directive executed out-of-State.

26:2H-123 Validity of directive executed out-of-State.  23. An advance directive for mental health care 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 the purposes of this act. An advance directive for mental health care 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 the purposes of this act. L.2005,c.233,s.23.
NJ Rev Stat § 26:2H-124 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-124 - Priority of provisions of act.

26:2H-124 Priority of provisions of act.  24. a. (1) To the extent that any of the provisions of this act are inconsistent with P.L.2000, c.109 (C.46:2B-8.1 et seq.) concerning the designation of a mental health care representative, the provisions of this act shall have priority over those of P.L.2000, c.109. (2) Durable powers of attorney for health care executed pursuant to P.L.2000, c.109 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. b. Nothing in this act shall be construed to impair the rights of emancipated minors under existing law. L.2005,c.233,s.24.
NJ Rev Stat § 26:2H-125 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-125 - Intentional disregard for act, professional misconduct; fines; fourth degree crime for certain acts relative to advance directives.

26:2H-125 Intentional disregard for act, professional misconduct; fines; fourth degree crime for certain acts relative to advance directives.  25. a. A mental 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 psychiatric facility 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 of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). c. It shall be a crime of the fourth degree for a person to: (1) willfully conceal, cancel, deface, obliterate or withhold personal knowledge of an advance directive for mental health care, or a modification, revocation or suspension thereof, without the declarant's consent; (2) falsify or forge an advance directive for mental health care of another person, or a modification, revocation or suspension thereof; (3) coerce or fraudulently induce the execution of an advance directive for mental health care, or a modification, revocation or suspension, thereof; or (4) require or prohibit the execution of an advance directive for mental health care, or a modification, revocation or suspension 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. d. The sanctions provided in this section shall not be construed to repeal any sanctions applicable under other law.  L.2005,c.233,s.25.
NJ Rev Stat § 26:2H-126 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-126 - Notification to residents of closing, relocation of nursing home, assisted living facility; exceptions.

26:2H-126 Notification to residents of closing, relocation of nursing home, assisted living facility; exceptions.  1. a. Except as provided in subsection b. of this section, at least 60 days prior to the proposed date of the closing or relocation of a nursing home or assisted living residence licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), the nursing home or assisted living administrator shall notify, in writing, a resident of the facility, the resident's legal representative, if applicable, and the Department of Health of the closing or relocation of the facility. b. The Commissioner of Health may waive the 60-day notice requirement in subsection a. of this section if the commissioner determines that an emergency situation warrants a more immediate closure or relocation of the nursing home or assisted living residence. In the case of such an emergency situation, the administrator of the facility shall notify, in writing, a resident, the resident's legal representative, if applicable, and the Department of Health of the closure or relocation as soon as practicable. As used in this section, an "emergency situation" may include: the suspension or revocation of the facility license by the commissioner; decertification of the facility by the federal Medicare program established pursuant to Title XVIII of the "Social Security Act," Pub.L.89-97 (42 U.S.C. s.1395 et seq.), or the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); or any other event as prescribed by regulation of the commissioner. L.2006, c.75, s.1; amended 2012, c.17, s.252.
NJ Rev Stat § 26:2H-127 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-127 - Assisted living facility, refund of deposit, certain circumstances.

26:2H-127 Assisted living facility, refund of deposit, certain circumstances.  1. a. An assisted living facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that requires a new resident, as a condition of admission to the facility, to pay a one-time security deposit, which is in addition to the regular monthly rental and services charges, shall provide that the deposit plus interest earned on the deposit is refundable to the resident or other designated person upon the resident's vacating the facility if the resident provides the facility with 30 days' notice that the resident intends to vacate the facility. b. The facility may deduct an amount not to exceed one percent per annum of the amount of the invested or deposited security deposit for the cost of servicing and processing an account containing a security deposit. L.2009, c.55, s.1; amended 2012, c.17, s.253.
NJ Rev Stat § 26:2H-129 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-129 - Short title.

26:2H-129 Short title.  1. Sections 1 through 13 of this act shall be known and may be cited as the "Practitioner Orders for Life-Sustaining Treatment Act." L.2011, c.145, s.1; amended 2019, c.218, s.2.
NJ Rev Stat § 26:2H-132 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-132 - Encouragement of public awareness, understanding of POLST form.

26:2H-132 Encouragement of public awareness, understanding of POLST form.  4. It shall be the public policy of this State to encourage public awareness and understanding of the Practitioner Orders for Life-Sustaining Treatment form as a means of enabling patients in this State to indicate their preferences for health care through the use of a completed POLST form as a complementary measure to the use of an advance directive, or in lieu of an advance directive if the patient has not executed such a document, in accordance with the provisions of this act. L.2011, c.145, s.4; amended 2019, c.218, s.5.
NJ Rev Stat § 26:2H-132.1 (2021)
2021 New Jersey Revised Statutes|Title 26 - Health and Vital Statistics|Section 26:2H-132.1 - End-of-life care public awareness campaign.

26:2H-132.1 End-of-life care public awareness campaign.  1. a. The Commissioner of Health shall establish a public awareness campaign to foster community-wide discussions and to promote early conversations about advance care planning and patient preferences to improve decision-making in relation to end-of-life care. b. The commissioner, in establishing the public awareness campaign, shall develop outreach efforts and provide information and educational materials to the general public on various end-of-life care topics including, but not limited to: (1) how to effectively conduct advance care planning conversations with family members, friends, caregivers, healthcare providers, and other individuals involved in a patient's care, regarding personal goals, preferences, and the type of care desired during the final stages of the patient's life ; (2) how community leaders and members can appropriately, and in an ethnically, culturally, and linguistically sensitive way, facilitate community-wide discussions regarding advance care planning and end-of-life care; (3) definitions, procedures, and other information related to advance directives, established pursuant to P.L.1991, c.201 (C.26:2H-53 et seq.);  (4) the differences between the two types of advance directives, namely proxy directives and instructive directives; (5) the importance of having an advance directive, or advance directives, and the differences between advance directives and Physician Orders for Life-Sustaining Treatment (POLST) forms; (6) definitions, procedures, and other information related to POLST forms, established pursuant to P.L.2011, c.145 (C.26:2H-129 et seq.); (7) standardized and approved definitions of, and differences between, palliative care, hospice care, comfort care, and other end-of-life-care terms; and (8) any other topics or matters related to advance care planning and end-of-life care as the commissioner may deem necessary. c. Information provided under the public awareness campaign shall be disseminated using ethnically, culturally, and linguistically appropriate means, in a manner that demonstrates respect for individual dignity and sensitivity for ethnic, cultural, and linguistic differences. Where feasible and appropriate, the information shall be made available in a variety of languages. d. As necessary, the commissioner shall partner with, and expand upon, community-based initiatives and training programs that educate the general public on advance care planning and end-of-life care. L.2019, c.315, s.1.