reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5e - Adoption of policies for notifying family members of patient deaths by health care facilities.

26:2H-5e Adoption of policies for notifying family members of patient deaths by health care facilities.
1. A general or special hospital, nursing home or assisted living residence licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall, commencing no later than the 180th day after the effective date of this act and as prescribed by regulation of the Commissioner of Health, adopt and maintain written policies and procedures to delineate the responsibilities of its staff for prompt notification of a family member, guardian, or other designated person about a patient's death and confirmation and written documentation of that notification.
L.2004, c.90, s.1; amended 2012, c.17, s.157.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5f - Findings, declarations relative to staffing in certain health care facilities.

26:2H-5f Findings, declarations relative to staffing in certain health care facilities.
1. The Legislature finds and declares that hospital patients and nursing home residents, in the interest of being fully informed about the quality of health care provided at the facility where they are receiving health care services, are entitled to have access to the information that is required to be posted and otherwise provided to members of the public under this act about direct patient or resident care staffing levels at the facility.
L.2005,c.21,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5g - Compilation, posting of certain staffing information by health care facilities.

26:2H-5g Compilation, posting of certain staffing information by health care facilities.
2. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall compile, and shall post daily in the patient care area of each unit of the hospital and provide upon request to a member of the public, information detailing for each unit and for the end of the prevailing shift, as appropriate:
(1) the number of registered professional nurses providing direct patient care and the ratio of patients to registered professional nurses;
(2) the number of licensed practical nurses providing direct patient care and the ratio of patients to licensed practical nurses;
(3) the number of certified nurse aides providing direct patient care and the ratio of patients to certified nurse aides;
(4) the number of other licensed or registered health care professionals meeting State staffing requirements; and
(5) the methods used by the hospital for determining and adjusting direct patient care staffing levels.
b. (1) A nursing home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall compile, and shall include with the information about health care professionals who are directly responsible for resident care, which it is required under federal law to post in areas where this information can be viewed by residents and members of the public, information that details the ratio of these health care professionals to residents for that particular day on each shift.
(2) The nursing home shall also provide to a member of the public, upon request, the information that is posted in accordance with the provisions of paragraph (1) of this subsection.
c. The information that is posted pursuant to subsections a. and b. of this section shall be displayed in a manner that is visible and accessible to all patients or residents, as applicable, their families and caregivers in the facility, as determined by regulation of the Commissioner of Health and Senior Services and subject to the applicable requirements of federal law.
d. A general hospital and nursing home shall report the information compiled pursuant to subsection a. or b. of this section, respectively, to the commissioner on a monthly basis, on a form and in a manner prescribed by the commissioner. The commissioner shall make this information available to the public on a quarterly basis, accompanied by a written explanation, which the commissioner shall prepare in consultation with the Quality Improvement Advisory Committee established by the commissioner, to assist members of the public in interpreting the information reported pursuant to this section.
e. A general hospital or nursing home that fails to comply with the provisions of this act, or any rules or regulations adopted pursuant thereto, shall be subject to a penalty as determined by the commissioner pursuant to sections 13 and 16 of P.L.1971, c.136 (C.26:2H-13 and C.26:2H-16).
L.2005,c.21,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5h - Rules, regulations.

26:2H-5h Rules, regulations.
3. 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, in consultation with the Quality Improvement Advisory Committee established by the commissioner. The regulations shall include, but not be limited to, procedures for standardizing the reporting of information by general hospitals and nursing homes that is required pursuant to subsection d. of section 2 of this act.
L.2005, c.21, s.3; amended 2012, c.17, s.158.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5i - New Jersey Report Card of Hospital Maternity Care.

26:2H-5i New Jersey Report Card of Hospital Maternity Care.
1. The Commissioner of Health shall gather and compile information necessary to develop a New Jersey Report Card of Hospital Maternity Care, as provided for in this act. The report card, which shall be updated annually and made available on the website of the Department of Health, shall be designed to inform members of the public about maternity care provided in each general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), so that a member of the public is able to make an informed comparison.
L.2018, c.82, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5j - Information included on report card.

26:2H-5j Information included on report card.
2. For each hospital, the report card shall include:
a. the number of vaginal deliveries performed;
b. the number of cesarean deliveries performed; and
c. the rate of complications experienced by a patient receiving maternity care:
(1) for a vaginal delivery, which shall include the rate of maternal hemorrhage, laceration, infection, or other complication as prescribed by the Commissioner of Health; and
(2) for a cesarean delivery, which shall include the rate of maternal hemorrhage, infection, operative complication, or other complication as prescribed by the Commissioner of Health.
L.2018, c.82, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5k - Revision, addition of complications.

26:2H-5k Revision, addition of complications.
3. Notwithstanding the provisions of section 2 of this act to the contrary, the commissioner shall revise or add complications or other factors to be included in the report card based on maternal quality indicators as may be recommended by the American Congress of Obstetricians and Gynecologists.
L.2018, c.82, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5l - Contract for provision of home health care.

26:2H-5l Contract for provision of home health care.
1. Notwithstanding any provision of Title 26 of the Revised Statutes or any regulation promulgated thereunder to the contrary, a county or municipal government that is the licensed operator of a home health agency may contract with a non-governmental entity that is licensed as a home health care agency to provide direct services, administration, and financial services on behalf of the governmental home health care agency, provided that the governmental body that is the licensed operator retains ultimate control over key governance responsibilities. Any such contractual arrangement shall be subject to approval by the Department of Health. Nothing in this section shall be construed to supersede any applicable law or regulation concerning public bidding, licensure of non-governmental home health care agencies, or reimbursement for publicly funded health care programs.
L.2019, c.173, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5m - Rules, regulations.

26:2H-5m Rules, regulations.
2. The Commissioner of Health shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this act.
L.2019, c.173, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5o - Definitions relative to palliative, hospice care.

26:2H-5o Definitions relative to palliative, hospice care.
1. As used in this act:
"Appropriate" means consistent with applicable legal, health, and professional standards, the patient's clinical and other circumstances, and the patient's reasonably known wishes and beliefs.
"Hospice care" 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 includes: nursing care by or under the supervision of a registered professional nurse; physical, occupational, or speech or language therapy; medical social services by a certified or licensed social worker under the direction of a physician; services of a certified home health aide; medical supplies, including drugs and biologicals, and the use of medical appliances related to terminal diagnosis; physician's services; short-term inpatient care, including both palliative and respite care and procedures; spiritual and other counseling for hospice patients and hospice patients' families; services of volunteers under the direction of the provider of the hospice care program; and bereavement services for hospice patients' families.
"Medical care" means services provided, requested, or supervised by a physician, physician assistant, or advanced practice nurse.
"Palliative care" means patient-centered and family-centered medical care that optimizes quality of life by anticipating, preventing, and treating suffering caused by serious illness. Palliative care throughout the continuum of illness involves addressing physical, emotional, social, and spiritual needs and facilitating patient autonomy, access to information, and choice. Palliative care includes, but is not limited to: comprehensive pain and symptom management and discussion of treatment options appropriate to the patient, including hospice care, when appropriate.
"Serious illness" means any medical illness or physical injury or condition that substantially impacts quality of life for more than a short period of time. Serious illness includes, but is not limited to: cancer; heart, renal, or liver failure; lung disease; and Alzheimer's disease and related dementias.
L.2019, c.227, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5p - "Palliative Care and Hospice Care Consumer and Professional Information and Education Program."

26:2H-5p "Palliative Care and Hospice Care Consumer and Professional Information and Education Program."
2. a. There is established the "Palliative Care and Hospice Care Consumer and Professional Information and Education Program" in the Department of Health.
b. The purpose of the program is to maximize the effectiveness of palliative care and hospice care initiatives in the State by ensuring that comprehensive and accurate information and education about palliative care and hospice care are available to the public, to health care providers, and to health care facilities.
c. The Palliative Care and Hospice Care Advisory Council, established pursuant to section 4 of P.L.2019, c.227 (C.26:2H-5r) shall, in collaboration with the Cancer Institute of New Jersey, develop and implement the program established under this section, including developing and implementing any initiatives regarding palliative care and hospice care services and education that the council determines would further the purposes of this section.
L.2019, c.227, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5q - Provision of information to certain patients, residents and family members.

26:2H-5q Provision of information to certain patients, residents and family members.
3. a. Every hospital, nursing home, rehabilitation facility, and other facility which is identified by the Commissioner of Health to be appropriate and which is licensed in this State shall provide information about appropriate palliative care and hospice care services to patients and residents with a serious illness or, in the event the patient or resident lacks capacity to make health care decisions, to a family member or other person legally authorized to make health care decisions for the patient or resident.
b. If a hospital, nursing home, or facility fails to comply with the requirements of subsection a. of this section, the Commissioner of Health may require the hospital, nursing home, or facility to provide a plan of action to bring the hospital, nursing home, or facility into compliance.
c. In implementing the provisions of this section, the department shall:
(1) consult with the Palliative Care and Hospice Care Advisory Council established pursuant to section 4 of P.L.2019, c.227 (C.26:2H-5r); and
(2) take into account factors that may impact the ability of a hospital, nursing home, or facility to comply with the requirements of subsection a. of this section. These factors may include, but are not limited to: the size of the hospital, nursing home, or facility; access and proximity to palliative care and hospice care services, including the availability of palliative care and hospice care board-certified practitioners and related workforce staff; and geographic factors.
L.2019, c.227, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5s - Provision of palliative care services for patients treated in the emergency department.

26:2H-5s Provision of palliative care services for patients treated in the emergency department.
1. The emergency department of a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall develop and implement a plan to integrate the provision of palliative care services for patients treated in the emergency department for whom palliative care is appropriate. The plan shall include:
(1) the adoption of a standardized screening tool , as recommended by the Department of Health, for use by health care professionals in the emergency department to facilitate the identification of patients who present to the emergency department for acute symptom management, pain relief, or otherwise, who would benefit from palliative care services;
(2) the provision of patient-centered information , as developed by the Department of Health, concerning the benefits of palliative care, the conditions, diagnoses, and disease stage for which palliative care is generally appropriate, and referrals to providers of outpatient palliative care services, when appropriate; and
(3) consideration of the unique needs of patients with intellectual or developmental disabilities or behavioral health issues who present to the emergency department and for whom palliative care may be indicated.
L.2019, c.421, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.1 - Collection of information on costs and revenues; report to legislature

26:2H-5.1. Collection of information on costs and revenues; report to legislature
The Commissioner of the Department of Health shall, on a continuous basis, collect information concerning all costs and revenues of residential health care facilities licensed pursuant to P.L.1971, c. 136 (C. 26:2H-1 et seq.) so as to provide a means for the Legislature to determine whether it is advisable for the commissioner to set variable rates for payment to such facilities and whether payments for Supplemental Security Income under P.L.1973, c. 256 (C. 44:7-85 et seq.) for eligible residents of such facilities should be supplemented in accordance with any such rates.
One year following the effective date of this act, the commissioner shall submit a report to the Legislature's Joint Appropriations Committee and Standing Reference Committees on Institutions, Health and Welfare containing the information required herein to be collected.
To collect information concerning the costs and resources of residential health care facilities, the commissioner is authorized to conduct such field visits and audits as may be necessary, and the owners of such facilities shall submit such reports, audits and accountings of cost as the commissioner may require by regulation; provided, however, that such reports, audits and accountings shall be the minimum necessary to implement the provisions of this section.
L.1979, c. 496, s. 18.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.1c - Ambulatory care facility to use common billing form.

26:2H-5.1c Ambulatory care facility to use common billing form.
1. An ambulatory care facility licensed to provide surgical services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall use a common billing form, designated by the Commissioner of Health, for each patient when billing for health care services. The information provided on the billing form shall, to the extent applicable, be the same as that required of hospitals.
L.2009, c.263, s.1; amended 2012, c.17, s.161.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.1d - Identification numbers of physicians publicly available.

26:2H-5.1d Identification numbers of physicians publicly available.
2. The commissioner shall make publicly available the identification number for the physician or physicians, as applicable, that appear on hospital billing forms and billing forms of ambulatory care facilities licensed to provide surgical services, to the extent that doing so is consistent with the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191.
L.2009, c.263, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.1e - Quarterly report from ambulatory care facility; required information.

26:2H-5.1e Quarterly report from ambulatory care facility; required information.
3. a. An ambulatory care facility licensed to provide surgical services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be required to report quarterly to the Department of Health, in a form and manner prescribed by the commissioner:
(1) process quality indicators of infection control as selected by the commissioner in consultation with the Quality Improvement Advisory Committee within the department; and
(2) beginning 30 days after the adoption of regulations pursuant to this act, data on infection rates for the major site categories that define facility-associated infection locations, multiple infections, and device-related and non-device related infections, as selected by the commissioner in consultation with the Quality Improvement Advisory Committee within the department.
b. The information reported pursuant to this section shall be transmitted in such a manner as to not include identifying information about patients.
c. The commissioner shall promptly advise an ambulatory care facility in the event that the commissioner determines, based on information reported by the facility, that a change in facility practices or policy is necessary to improve performance in the prevention of facility-associated infection and quality of care provided at the facility.
d. The commissioner shall make available to members of the public, on the official Internet website of the department, the information reported pursuant to this section, in such a format as the commissioner deems appropriate to enable comparison among ambulatory care facilities with respect to the information.
e. In order to effectuate the purposes of this section, the commissioner, in consultation with the Quality Improvement Advisory Committee in the department, shall, by regulation: establish standard methods for identifying and reporting facility-associated infections; identify the major site categories for which infections shall be reported, taking into account the categories most likely to improve the delivery and outcome of health care in the State; and specify the methodology for presenting the data to the public, including procedures to adjust for differences in case mix and severity of infections among facilities.
L.2009, c.263, s.3; amended 2012, c.17, s.162.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.1f - Rules, regulations.

26:2H-5.1f Rules, regulations.
4. 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.2009, c.263, s.4; amended 2012, c.17, s.163.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.7 - State Health Planning Board established.

26:2H-5.7 State Health Planning Board established.
33. There is established in the Department of Health a State Health Planning Board. The members of the board shall include: the Commissioners of Health, Children and Families, and Human Services, or their designees, who shall serve as ex officio, nonvoting members; the chairmen of the Health Care Administration Board and the Public Health Council, or their designees, who shall serve as ex officio members; and nine public members appointed by the Governor with the advice and consent of the Senate, five of whom are consumers of health care services who are neither providers of health care services or persons with a fiduciary interest in a health care service.
Of the additional public members first appointed pursuant to P.L.1998, c.43, two shall serve for a term of two years and two shall serve for a term of three years. Following the expiration of the original terms, the public members shall serve for a term of four years and are eligible for reappointment. Public members serving on the board on the effective date of P.L.1998, c.43 shall continue to serve for the term of their appointment. Any vacancy shall be filled in the same manner as the original appointment, for the unexpired term. Public members shall continue to serve until their successors are appointed. The public members shall serve without compensation but may be reimbursed for reasonable expenses incurred in the performance of their duties, within the limits of funds available to the board.
a. A member or employee of the State Health Planning Board shall not, by reason of his performance of any duty, function, or activity required of, or authorized to be undertaken by the board, be held civilly or criminally liable if that person acted within the scope of his duty, function, or activity as a member or employee of the board, without gross negligence or malice toward any person affected thereby.
b. A member of the State Health Planning Board shall not vote on any matter before the board concerning an individual or entity with which the member has, or within the last 12 months has had, any substantial ownership, employment, medical staff, fiduciary, contractual, creditor, or consultative relationship. A member who has or has had such a relationship with an individual or entity involved in any matter before the board shall make a written disclosure of the relationship before any action is taken by the board with respect to the matter and shall make the relationship public in any meeting in which action on the matter is to be taken.
L.1991, c.187, s.33; amended 1998, c.43, s.4; 2006, c.47, s.108; 2012, c.17, s.164.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.8 - Review of application for certificate of need.

26:2H-5.8 Review of application for certificate of need.
34. a. (Deleted by amendment, P.L.1998, c.43).
b. The State Health Planning Board shall review applications for certificates of need and make recommendations to the Commissioner of Health.
c. In the case of an application for a certificate of need to transfer ownership of an existing general acute care hospital or to close or eliminate a health care facility or service that is subject to review by the State Health Planning Board, the State Health Planning Board shall hold at least one public hearing in the service area of the health care facility or service; except that, in the event the Attorney General or the Department of Health is required by State law to hold a public hearing on the transfer of ownership of the hospital, the State Health Planning Board shall not be required to hold a public hearing on the application for a certificate of need to transfer ownership of the hospital. The public hearing shall be held no later than 30 days after an application is deemed complete by the Commissioner of Health. Public notice of the hearing shall be provided at least two weeks in advance of the date of the hearing.
Notwithstanding the provisions of this subsection to the contrary, in the event that the commissioner determines that a proposed closure or elimination of a health care facility or service should be considered on an expedited basis in order to preserve the quality of health care provided to the community, the commissioner may reduce the period of time required for public notice of the hearing.
L.1991, c.187, s.34; amended 1992, c.31, s.1; 1999, c.43, s.5; 2012, c.17, s.165.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.10 - Findings, declarations relative to use of needles, sharp devices in health care facilities.

26:2H-5.10 Findings, declarations relative to use of needles, sharp devices in health care facilities.
1. The Legislature finds and declares that:
a. The use of conventional needles results in increased risk of HIV infection and hepatitis B and C to health care workers;
b. Each year, from 150 to 200 health care workers die and many suffer chronic and debilitating diseases due to needle stick injuries;
c. Equipment exists to prevent most injuries that result from needle stick injuries but overall concern with cutting health care costs has impeded the widespread use of advanced, safer technology; and
d. Newer, safer needle technology should be adopted in health care facilities.
L.1999,c.311,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.11 - Definitions relative to use of needles, sharp devices in health care facilities.

26:2H-5.11 Definitions relative to use of needles, sharp devices in health care facilities.
2. As used in this act:
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Needle stick injury" means the parenteral introduction into the body of a health care worker of blood or other potentially infectious material by a needle or other sharp device during the worker's performance of health care duties in a health care facility.
L.1999, c.311, s.2; amended 2012, c.17, s.166.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.12 - Integrated safety features required on needles, etc.; dentists, exempt, certain circumstances.

26:2H-5.12 Integrated safety features required on needles, etc.; dentists, exempt, certain circumstances.
3. a. No later than 12 months after the date of enactment of this act, the commissioner shall require that a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) use only needles and other sharp devices with integrated safety features, which needles and other sharp devices have been cleared or approved for marketing by the federal Food and Drug Administration and are commercially available for distribution.
b. By a date established by the commissioner by regulation, but no later than 36 months after the date of enactment of this act, the requirements of subsection a. of this section shall also apply to pre-filled syringes, as that term is defined by the commissioner by regulation pursuant to this act.
c. No later than six months after the date of enactment of this act, the commissioner shall develop evaluation criteria for use by an evaluation committee established pursuant to subsection a. of section 4 of this act in selecting needles and other sharp devices for use by a health care facility.
d. In the event that there is no cleared or approved for marketing product with integrated safety features for a specific patient use, the licensed health care facility shall continue to use the appropriate needle or other sharp device that is available, including any needle or other sharp device with non-integrated, add-on safety features, until such time as a product with integrated safety features is cleared or approved for marketing and is commercially available for that specific patient use.
e. No later than six months after the date of enactment of this act, the commissioner shall develop and make available to health care facilities a standardized form that shall be used by health care professionals and the health care facility's evaluation committee for applying for a waiver and in reviewing a request for a waiver, respectively, and for reporting the use of a needle or other sharp device without integrated safety features in an emergency situation by a health care professional, pursuant to the provisions of subsection d. of section 4 of this act.
f. Notwithstanding the provisions of this section to the contrary, a dentist who determines that use of a needle or other sharp device with integrated safety features potentially may have a negative impact on patient safety or the success of a specific medical procedure may use a needle or other sharp device without integrated safety features, without obtaining a waiver from the evaluation committee and without providing notification to the evaluation committee pursuant to section 4 of P.L.1999, c.311 (C.26:2H-5.13).
L.1999,c.311,s.3; amended 2005, c.278.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.13 - Responsibilities of health care facility.

26:2H-5.13 Responsibilities of health care facility.
4. A health care facility shall:
a. Establish an evaluation committee in which at least half of the members are direct-care health care workers who shall select needles and other sharp devices from each class of needle or other sharp device for which the commissioner has developed evaluation criteria pursuant to subsection c. of section 3 of this act;
b. Provide for education and training, as appropriate, in the use of designated needles and other sharp devices;
c. Develop a mechanism to continually review and evaluate newly introduced needles and other sharp devices available in the marketplace for use in a health care facility;
d. Establish a waiver procedure for health care professionals wherein a health care professional practicing at the health care facility may request the evaluation committee to grant the professional a waiver from the requirements of subsection a. or b. of section 3 of this act for a specific product that will be used for a specific medical procedure that shall be performed on a specific class of patients. The evaluation committee shall grant a waiver if it determines that use of a needle or other sharp device with integrated safety features potentially may have a negative impact on patient safety or the success of a specific medical procedure.
A health care professional may use a needle or other sharp device without integrated safety features in an emergency situation, without obtaining a waiver from the evaluation committee, if the professional determines that use of a needle or other sharp device with integrated safety features potentially may have a negative impact on patient safety or the success of a specific medical procedure, and the professional notifies the evaluation committee, in writing, within five days of the date the needle or other sharp device was used of the reasons why that needle or other sharp device was necessary.
The use of a needle or other sharp device that does not meet the requirements of subsection a. or b. of section 3 of this act shall be permitted under this act if it is used in accordance with the requirements of this subsection;
e. Record needle stick injuries in a Sharps Injury Log or an OSHA 200 Log, and shall include in the log a description of the injury, including the type and brand name of the needle or other sharp device involved in the injury; and
f. Report to the department quarterly, in a form and manner prescribed by the department: (1) all entries of an injury in a Sharps Injury Log or an OSHA 200 Log; and (2) all waivers granted to health care professionals and the reasons therefor, and all emergency uses by health care professionals of needles and other sharp devices without integrated safety features and the reasons therefor, pursuant to subsection d. of this section.
L.1999,c.311,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.14 - Review of health care facilities reports, recommendations.

26:2H-5.14 Review of health care facilities reports, recommendations.
5. The department shall review the reports submitted by health care facilities pursuant to section 4 of this act on a quarterly basis and shall make recommendations to the respective health care facility for reducing the incidence of needle stick injury, when appropriate.
L.1999,c.311,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.15 - Annual report to Legislature.

26:2H-5.15 Annual report to Legislature.
6. The commissioner shall report annually to the Senate and General Assembly Health Committees on the implementation of this act. The report shall include the number of needle stick injuries, the type and brand names of the needles or other sharp devices involved in the injuries, the number of waivers that were granted and the number of emergency uses of needles or other sharp devices without integrated safety features. The report shall include such recommendations for legislative action as the commissioner deems appropriate to ensure that the purposes of this act are realized.
L.1999,c.311,s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.16 - Rules, regulations.

26:2H-5.16 Rules, regulations.
7. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.413 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L.1999,c.311,s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.18 - Findings, declarations relative to prevention of violence against health care workers.

26:2H-5.18 Findings, declarations relative to prevention of violence against health care workers.
2. The Legislature finds and declares that:
a. Violence is an escalating problem in many health care settings in the State and across the nation, and although violence is an increasing problem for many workers, health care workers are at a particularly high risk;
b. According to the Bureau of Labor Statistics, the incidence of injury from nonfatal assaults of health service workers is significantly higher than that of other workers;
c. The actual incidence of violence is likely higher than reported for various reasons, including inadequate reporting mechanisms and because victims under-report incidents out of fear of reprisal, isolation and embarrassment;
d. Violence against health care workers exacts a significant toll on victims, their co-workers, patients, families and visitors;
e. Insurance claims, lost productivity, disruptions to operations, legal expenses and property damage are only a few of the negative effects that workplace violence has on health care facilities;
f. Preventing workplace violence is essential for creating a safe and therapeutic environment for patients;
g. Health care professionals who leave their occupations because of assaults or threats of assault contribute to the general shortage of health care professionals; and
h. It is possible to reduce and mitigate the effects of violence in health care settings through employer-based violence prevention programs.
L.2007,c.236,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.19 - Definitions relative to prevention of violence against health care workers.

26:2H-5.19 Definitions relative to prevention of violence against health care workers.
3. As used in this act:
"Covered health care facility" means a general or special hospital or nursing home licensed by the Department of Health and Senior Services pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), a State or county psychiatric hospital, or a State developmental center.
"Health care worker" means an individual who is employed by a covered health care facility.
"Violence" or "violent act" means any physical assault, or any physical or credible verbal threat of assault or harm against a health care worker.
L.2007,c.236,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.21 - Retaliatory action prohibited.

26:2H-5.21 Retaliatory action prohibited.
5. A covered health care facility shall not take any retaliatory action against any health care worker for reporting violent incidents. As used in this section, "retaliatory action" shall have the same meaning as provided in section 2 of P.L.1986, c.105 (C.34:19-2).
L.2007,c.236,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.22 - Violations, penalties.

26:2H-5.22 Violations, penalties.
6. A covered health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) that is in violation of the provisions of this act shall be subject to such penalties as the Commissioner of Health may determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14).
L.2007, c.236, s.6; amended 2012, c.17, s.167.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.23 - Rules, regulations.

26:2H-5.23 Rules, regulations.
7. The Commissioners of Health and 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 carry out the purposes of this act.
L.2007, c.236, s.7; amended 2012, c.17, s.168.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.23a - Health care facility, written notice, display, assault, health care professional, health care facility volunteer, employee.

26:2H-5.23a Health care facility, written notice, display, assault, health care professional, health care facility volunteer, employee.
6. a. As used in this section, "health care facility" means the same as defined in subsection b. of section 3 of P.L.2023, c.48 (C.2C:12-3.1).
b. A health care facility shall prominently display a written notice in a conspicuous public location that contains the following or substantially similar statement: "It is a crime to assault a health care professional, any volunteer working for a health care professional or working at a health care facility, any supportive services staff member working for a health care professional or working at a health care facility, or any employee of a health care professional or a health care facility while the health care professional, volunteer, supportive services staff member, or employee is performing official duties. Any person who assaults a health care professional, volunteer, supportive services staff member, or employee in violation of this prohibition shall be subject to a fine, imprisonment, or both under the New Jersey Code of Criminal Justice, N.J.S.2C:1-1 et seq."
c. The Commissioner of Health may adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this section.
L.2023, c.48, s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.24 - Findings, declarations relative to designated caregivers.

26:2H-5.24 Findings, declarations relative to designated caregivers.
1. The Legislature finds and declares that:
a. According to the American Association of Retired Professional's Public Policy Institute, at any given time, an estimated 1.75 million people in New Jersey provide varying degrees of unreimbursed care to adults with limitations in daily activities. The total value of the unpaid care to individuals in need of long-term services and supports amounts to an estimated $13 billion per year.
b. Caregivers are often members of the individual's immediate family, but friends and other community members also serve as caregivers. Although most caregivers are asked to assist an individual with basic activities of daily living, such as mobility, eating, and dressing, many are expected to perform complex tasks on a daily basis, such as administering multiple medications, providing wound care, and operating medical equipment.
c. Despite the vast importance of caregivers in the individual's day-to-day care, and despite the fact that 78 percent of caregivers report managing multiple medications, administering injections, and performing other health maintenance tasks, research has shown that many caregivers feel that they do not have the necessary skill set to perform the caregiving tasks they are asked to perform when a loved one is discharged from the hospital.
d. The federal Centers for Medicare & Medicaid Services (CMS) estimates that $17 billion in Medicare funds is spent each year on unnecessary hospital readmissions. Additionally, hospitals desire to avoid the imposition of new readmission penalties under the federal "Patient Protection and Affordable Care Act," Pub.L.111-148, as amended by the "Health Care and Education Reconciliation Act of 2010," Pub.L.111-152 (ACA).
e. In order to successfully address the challenges of a surging population of older adults and others who have significant needs for long-term services and supports, the State must develop methods to enable caregivers to continue to support their loved ones at home and in the community, and avoid costly hospital readmissions.
f. The New Jersey Hospital Association and hospitals in its Hospital Engagement Network have utilized transitional caregiver models to reduce readmissions by over 13 percent from January 2012 to December 2013, leading to 5,492 fewer patients being readmitted during that time, at a cost savings of over $52 million.
g. Therefore, it is the intent of the Legislature that this act enables caregivers to provide competent post-hospital care to their family and other loved ones, at minimal cost to the taxpayers of this State.
L.2014, c.68, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.25 - Definitions relative to designated caregivers.

26:2H-5.25 Definitions relative to designated caregivers.
2. As used in this act:
"After-care assistance" means any assistance provided by a caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharge, including, but not limited to: assisting with basic activities of daily living; instrumental activities of daily living; and other tasks as determined to be appropriate by the discharging physician or other health care professional licensed pursuant to Title 45 or Title 52 of the Revised Statutes.
"Caregiver" means any individual designated as a caregiver by a patient pursuant to this act who provides after-care assistance to a patient in the patient's residence. The term includes, but is not limited to, a relative, spouse, partner, friend, or neighbor who has a significant relationship with the patient.
"Discharge" means a patient's exit or release from a hospital to the patient's residence following any medical care or treatment rendered to the patient following an inpatient admission.
"Entry" means a patient's admission into a hospital for the purposes of receiving inpatient medical care.
"Hospital" means a general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"Residence" means the dwelling that the patient considers to be the patient's home. The term shall not include any rehabilitation facility, hospital, nursing home, assisted living facility, or group home licensed by the Department of Health.
L.2014, c.68, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.27 - Notification to designated caregiver of discharge, transfer.

26:2H-5.27 Notification to designated caregiver of discharge, transfer.
4. A hospital shall notify the patient's designated caregiver of the patient's discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patient's attending physician. In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient. The hospital shall promptly document the attempt in the patient's medical record.
L.2014, c.68, s.4.