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2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.1 - Definitions

26:2H-14.1. Definitions
As used in this act:
a. "Department" means the State Department of Health.
b. "Heat emergency" means an indoor air temperature of 85 degrees Fahrenheit or higher for a continuous period of four hours or longer.
L.1984, c. 114, s. 1, eff. Aug. 3, 1984.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.2 - Heat emergency action plan.

26:2H-14.2 Heat emergency action plan.
2. a. Every nursing home as defined in section 2 of P.L.1976, c.120 (C.30:13-2) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), every residential health care facility as defined in section 1 of P.L.1953, c.212 (C.30:11A-1) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), and every dementia care home as defined in section 17 of P.L.2015, c.125 (C.26:2H-148) shall establish by written policy a heat emergency action plan which shall include those procedures to be followed in the event of a heat emergency in order to protect the health and welfare of its residents, and which shall be approved by the department. The department shall review a heat emergency action plan established pursuant to this act at least once in each year.
b. A health care facility included within the provisions of this act shall be required to notify the department immediately in the event of a heat emergency.
L.1984, c.114, s.2; amended 2015, c.125, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.4 - Air conditioning, heating required in certain facilities.

26:2H-14.4 Air conditioning, heating required in certain facilities.
2. a. A nursing home or residential health care facility included within the provisions of P.L.1984, c.114 (C.26:2H-14.1 et seq.) which is constructed or expanded after the effective date of P.L.1989, c.173 (C.26:2H-14.4 et al.), or a dementia care home included within the provisions of P.L.1984, c.114 (C.26:2H-14.1 et seq.) which is constructed or expanded after the effective date of P.L.2015, c.125 (C.55:13B-5.1 et al.), shall be equipped with air conditioning and heating in all areas used by patients or residents, and the air conditioning and heating shall be operated so that the temperature in these areas does not exceed 81 degrees Fahrenheit or fall under 65 degrees Fahrenheit. All areas used by patients or residents shall be maintained within a temperature range from 65 to 81 degrees Fahrenheit, except in rooms:
(1) designated for activities requiring physical exertion; or
(2) where residents can individually control the temperature in their own living units, independent from other areas.
b. A nursing home, or a residential health care facility owned by a licensed health care facility and licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), may maintain a temperature in an area used by patients or residents that does not fall within the range provided pursuant to subsection a. of this section, provided that the temperature is within a range permitted pursuant to applicable regulation of the Centers for Medicare and Medicaid Services.
L.1989, c.173, s.2; amended 2015, c.125, s.6; 2021, c.260, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.4a - Grant of waiver due to unusual events beyond control of facility.

26:2H-14.4a Grant of waiver due to unusual events beyond control of facility.
3. The Commissioner of Health may grant a waiver to a nursing home or residential health care facility in the case of any unusual event which results from natural or unnatural causes beyond the control of the facility, including, but not limited to, the declaration of a state of emergency or disaster by the State or by the federal government, which results in the inability of the facility to maintain the temperature guidelines detailed in section 3 of P.L.1984, c.114 (C.26:2H-14.3), or section 2 of P.L.1989, c.173 (C.26:2H-14.4).
L.2021, c.260, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.7 - Violations; cause of action

26:2H-14.7. Violations; cause of action
3. A person shall have a cause of action against the residential health care facility for any violation of this act. The Department of Health may maintain an action in the name of the State to enforce the provisions of this act and any rules and regulations promulgated pursuant to this act. The action to recover actual and punitive damages shall be brought in a court of competent jurisdiction. A plaintiff who prevails in an action shall be entitled to recover reasonable attorney's fees and costs of the action.
L.1993,c.282,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.9 - Findings, declarations relative to health care worker, patient safety.

26:2H-14.9 Findings, declarations relative to health care worker, patient safety.
2. The Legislature finds and declares that:
a. In New Jersey, nurses, nurse aides, orderlies and attendants, combined, have the highest number of nonfatal occupational injuries and illnesses involving days away from work of other occupations;
b. Chronic back pain and other job-related musculoskeletal disorders contribute significantly to the decision by nurses and other health care workers to leave their professions, which exacerbates the shortage of health care providers in this State;
c. Studies show that manual patient handling and movement negatively affect patient safety, quality of care and patient comfort, dignity and satisfaction;
d. The American Hospital Association has stated that work-related musculoskeletal disorders account for the largest proportion of workers' compensation costs in hospitals and long-term care facilities;
e. Studies demonstrate that assistive patient handling technology reduces workers' compensation and medical treatment costs for musculoskeletal disorders among health care workers, and that employers can recoup their initial investment in equipment and training within three years;
f. Therefore, it is appropriate public policy to minimize unassisted patient handling as set forth in this act.
L.2007, c.225, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.10 - Definitions relative to health care worker, patient safety.

26:2H-14.10 Definitions relative to health care worker, patient safety.
3. As used in this act:
"Assisted patient handling" means patient handling using: mechanical patient handling equipment including, but not limited to, electric beds, portable base and ceiling track-mounted full body sling lifts, stand assist lifts, and mechanized lateral transfer aids; and patient handling aids including, but not limited to, gait belts with handles, sliding boards and surface friction-reducing devices.
"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 developmental center and a State or county psychiatric hospital.
"Health care worker" means an individual who is employed by a covered health care facility whose job duties entail patient handling.
"Patient" means a patient or resident at a covered health care facility.
"Patient handling" means the lifting, transferring, repositioning, transporting or moving of a patient in a covered health care facility.
"Unassisted patient handling" means patient handling using a health care worker's body strength without the use of mechanical patient handling equipment or patient handling aids.
L.2007, c.225, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.12 - Safe patient handling committee.

26:2H-14.12 Safe patient handling committee.
5. a. Within 12 months of the effective date of this act:
(1) each covered health care facility shall establish a safe patient handling committee, which shall be responsible for all aspects of the development, implementation and periodic evaluation and revision of the facility's safe patient handling program, including the evaluation and selection of patient handling equipment and aids and other appropriate engineering controls;
(2) in the case of a health care system that owns or operates more than one covered health care facility or Department of Human Services facilities, the safe patient handling committee may be operated at the system or department level, provided that committee membership includes at least one health care worker from each facility, and a safe patient handling program is developed for each facility, taking into account the characteristics of the patients at the facility.
b. At least 50% of the members of the committee shall be health care workers who are representative of the different disciplines of health care workers employed at the facility or facilities, in the case of a health care system. In a facility or health care system where health care workers are represented by one or more collective bargaining agents, the management of the facility or system shall consult with the collective bargaining agents regarding the selection of the health care worker committee members.
The remaining members of the committee shall have experience, expertise, or responsibility relevant to the operation of a safe patient handling program.
c. The committee shall meet as needed, but no less than quarterly.
L.2007, c.225, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.13 - Certain retaliatory actions against health care worker prohibited.

26:2H-14.13 Certain retaliatory actions against health care worker prohibited.
6. A covered health care facility shall not take any retaliatory action against any health care worker because that worker refuses to perform a patient handling task due to a reasonable concern about worker or patient safety, or the lack of appropriate and available patient handling equipment or aids. In the event the health care worker refuses to perform a patient handling task pursuant to this section, the worker shall promptly notify his supervisor of the refusal and the reason therefor.
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.225, s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.14 - Violations, penalties.

26:2H-14.14 Violations, penalties.
7. 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 Department 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.225, s.7; amended 2012, c.17, s.212.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-14.15 - Rules, regulations.

26:2H-14.15 Rules, regulations.
8. 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.), within 12 months of the date of enactment of this act, to carry out the purposes of this act.
L.2007, c.225, s.8; amended 2012, c.17, s.213.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-15 - Representation as health care facility by unlicensed facility; inspection; penalties; cease and desist order.

26:2H-15 Representation as health care facility by unlicensed facility; inspection; penalties; cease and desist order.
15. Whenever a residential health care facility, boarding house or rooming house, not licensed hereunder, by public or private advertising or by other means holds out to the public that it is equipped to provide postoperative or convalescent care for persons with mental illness or intellectual disabilities or who are suffering or recovering from illness or injury, or who are chronically ill, or whenever there is reason to believe that any such facility or institution, not licensed hereunder, is violating any of the provisions of this act, then, and in such case, the department shall be permitted reasonable inspection of such premises for the purpose of ascertaining whether there is any violation of the provisions hereof. If any such residential health care facility, boarding house or rooming house, shall operate as a private mental hospital, convalescent home, private nursing home or private hospital in violation of the provisions of this act, then the same shall be liable to the penalties which are prescribed and capable of being assessed against health care facilities pursuant to this act.
Any person, firm, association, partnership or corporation, not licensed hereunder, but who holds out to the public by advertising or other means that the medical and nursing care contemplated by this act will be furnished to persons seeking admission as patients, shall cease and desist from such practice and shall be liable to a penalty of $100.00 for the first offense and $500.00 for each subsequent offense, such penalty to be recovered as provided for herein.
L.1971, c.136, s.15; amended 1979, c.496, ss.21,38; 2010, c.50, s.18.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-16 - Health Care Facilities Improvement Fund

26:2H-16. Health Care Facilities Improvement Fund
The penalties prescribed and authorized by this act shall be recovered in a summary civil proceeding, brought in the name of the State in the Superior Court pursuant to the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.).
The commissioner may, in his discretion and subject to rules and regulations, accept from any licensee an offer in compromise in such amount as may in his judgment be proper under the circumstances in lieu of any suspension of any license by the commissioner. In no case shall the penalty be compromised for a sum less than $250.00 for the first offense and $500.00 for the second and each subsequent offense; provided, however, that any penalty of less than $250.00 or $500.00, as the case may be, may be compromised for a lesser sum.
All penalties collected pursuant to this section shall be deposited in a special fund which is designated as the "Health Care Facilities Improvement Fund." The fund shall be dedicated for use by the commissioner to make corrections in a health care facility which is in violation of a licensure standard and in which the owner or operator is unable or unwilling to make the necessary corrections. The owner of the facility is required to repay the fund any monies plus interest at the prevailing rate that were expended by the State to correct the violation at the facility. If the owner fails to promptly reimburse the fund, the commissioner shall have a lien in the name of the State against the facility for the cost of the corrections plus interest and for any administrative cost incurred in filing the lien.
The department may maintain an action in the name of the State to enjoin any person, firm, partnership, association or corporation from continuing to conduct, manage or operate a health care facility without a license, or after suspension or revocation of license, or in violation of rules and regulations promulgated hereunder.
L. 1971, c. 136, s. 16. Amended by L. 1986, c. 96, s. 2, eff. Aug. 27, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18 - License, authorization required for receipt of reimbursement, grant-in-aid.

26:2H-18 License, authorization required for receipt of reimbursement, grant-in-aid.
18. a. No government agency and no health service corporation organized under the laws of the State and no other purchasers of health care services shall purchase, pay for or make reimbursement or grant-in-aid for any health care service provided by a health care facility unless at the time the service was provided, the health care facility possessed a valid license or was otherwise authorized to provide such service.
b. (Deleted by amendment, P.L.1992, c.160).
c. Payment by government agencies other than those made through the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.) for health services provided by health care facilities other than hospitals shall be at reasonable rates set by the commissioner based on financial elements approved by him; provided, however, that nothing herein shall be construed to prohibit the Commissioner of Human Services from contracting with the commissioner for the setting of rates by which health care facilities other than hospitals are reimbursed pursuant to the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.).
d. (Deleted by amendment, P.L.1992, c.160).
e. To establish and maintain a fair and equitable system for determining such payments, the commissioner shall require each health care facility to report such financial, statistical and patient information as may be required, in accordance with a uniform system of reporting established by him. The commissioner may propose regulations for approval by the board which assess penalties for failure to report such information within such time as may be prescribed therein.
L.1971,c.136,s.18; amended 1978, c.83, s.10; 1992, c.160, s.25; 1997, c.304.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18a - Designation of specialty acute care children's hospital for northern New Jersey

26:2H-18a. Designation of specialty acute care children's hospital for northern New Jersey
2. The Commissioner of Health shall designate Children's Hospital of New Jersey, a unit of United Hospitals Medical Center, as the State's specialty acute care children's hospital for northern New Jersey.
L.1985,c.306,s.2; amended 1992,c.181,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18c - Designation of specialty acute care children's hospital for southern New Jersey.

26:2H-18c Designation of specialty acute care children's hospital for southern New Jersey.
3. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Cooper University Hospital in the City of Camden as the State's specialty acute care children's hospital in southern New Jersey for the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, and Salem.
b. The designation by the Commissioner of Health pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of a written agreement between Cooper University Hospital and a majority of the acute care hospitals providing inpatient pediatric services which are located in the counties listed in subsection a. of this section.
The written agreement shall state that the other facility recognizes Cooper University Hospital as the State's specialty acute care children's hospital for the counties listed in subsection a. of this section and shall set forth the basis on which the other facility shall make referrals to Cooper University Hospital.
L.1987, c.299, s.3; amended 1992, c.181, s.3; 2005, c.116, s.2; 2012, c.17, s.214.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18d - Designation of specialty acute care children's hospital for central New Jersey.

26:2H-18d Designation of specialty acute care children's hospital for central New Jersey.
1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Robert Wood Johnson University Hospital/St. Peter's University Hospital in the City of New Brunswick as the State's specialty acute care children's hospital in central New Jersey for the counties of Hunterdon, Mercer, Middlesex, and Somerset.
b. The designation by the Commissioner of Health pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of a written agreement between Robert Wood Johnson University Hospital/St. Peter's University Hospital and a majority of the acute care hospitals providing inpatient pediatric services which are located in the counties listed in subsection a. of this section.
The written agreement shall state that the other facility recognizes Robert Wood Johnson University Hospital/St. Peter's University Hospital as the State's specialty acute care children's hospital for the counties listed in subsection a. of this section and shall set forth the basis on which the other facility shall make referrals to Robert Wood Johnson University Hospital/St. Peter's University Hospital.
L.1992, c.181, s.1; amended 2005, c.116, s.3; 2012, c.17, s.215.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18e - Designation of specialty acute care children's hospital for Bergen, Passaic, Sussex, and Warren counties.

26:2H-18e Designation of specialty acute care children's hospital for Bergen, Passaic, Sussex, and Warren counties.
1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate St. Joseph's Hospital and Medical Center in the City of Paterson as the State's specialty acute care children's hospital for the counties of Bergen, Passaic, Sussex, and Warren.
b. The designation by the Commissioner of Health pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of a written agreement between St. Joseph's Hospital and Medical Center and a majority of the acute care hospitals providing inpatient pediatric services which are located in the counties listed in subsection a. of this section.
The written agreement shall state that the other facility recognizes St. Joseph's Hospital and Medical Center as the State's specialty acute care children's hospital for the counties listed in subsection a. of this section and shall set forth the basis on which the other facility shall make referrals to St. Joseph's Hospital and Medical Center.
L.1993, c.374, s.1; amended 2003, c.98, s.3; 2012, c.17, s.216.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18f - Designation of specialty acute care children's hospital for Morris and Union counties.

26:2H-18f Designation of specialty acute care children's hospital for Morris and Union counties.
2. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Morristown Memorial Hospital as the State's specialty acute care children's hospital for Morris and Union counties.
b. The designation by the Commissioner of Health pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of written transfer agreements between Morristown Memorial Hospital and a majority of the acute care hospitals providing inpatient pediatric services which are located in Morris and Union counties.
The written agreement shall state that the other facility recognizes Morristown Memorial Hospital as the State's specialty acute care children's hospital for Morris and Union counties and shall set forth the basis on which the other facility shall make referrals to Morristown Memorial Hospital.
L.2003, c.98, s.2; amended 2012, c.17, s.217.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18g - Designation of acute care children's hospitals for Monmouth and Ocean counties.

26:2H-18g Designation of acute care children's hospitals for Monmouth and Ocean counties.
1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Jersey Shore University Medical Center and Monmouth Medical Center, each, as the State's specialty acute care children's hospitals for Monmouth and Ocean counties, subject to the commissioner's determination that each hospital meets all of the licensure criteria that apply to a children's hospital and has met and complied with all of the requirements to obtain State authorization to offer the component services that constitute a children's hospital. The commissioner's determination and the designation pursuant thereto shall be made separately for each hospital; and the commissioner's decision on the designation of each hospital shall be made independently of, and shall not be contingent upon, the decision on the designation of the other hospital.
b. The designation of each hospital by the Commissioner of Health pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of written transfer agreements, respectively, between: Jersey Shore University Medical Center and a majority of the acute care hospitals providing inpatient pediatric services located in Monmouth and Ocean counties; and Monmouth Medical Center and a majority of the acute care hospitals providing inpatient pediatric services located in Monmouth and Ocean counties.
The written agreement shall state that the other facility recognizes Jersey Shore University Medical Center and Monmouth Medical Center, as applicable, as the State's specialty acute care children's hospitals for Monmouth and Ocean counties and shall set forth the basis on which the other facility shall make referrals to Jersey Shore University Medical Center or Monmouth Medical Center, as applicable.
L.2005, c.116, s.1; amended 2012, c.17, s.218.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18h - Specialized care facilities for Huntington's Disease; rules, regulations.

26:2H-18h Specialized care facilities for Huntington's Disease; rules, regulations.
1. a. The Commissioner of Health may issue a nursing facility license for a facility that provides care for Huntington's Disease.
b. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations to effectuate the purposes of this act.
L.2011, c.208, s.1; amended 2012, c.17, s.219.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.2 - Annual fees

26:2H-18.2. Annual fees
The Department of Health, to effectuate the provisions and purposes of sections 10 and 11 of this act and to support the functions described therein, may charge health care facilities such reasonable annual fees as shall be provided by law.
L.1978, c. 83, s. 13, eff. July 20, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.24 - Findings, declarations

26:2H-18.24. Findings, declarations
The Legislature finds and declares that:
a. Access to quality health care shall not be denied to residents of the State because of their inability to pay for the care; there are many residents of the State, particularly those with incomes below the federal poverty level, who cannot pay for needed hospital care and in order to ensure that these persons have equal access to hospital care it is necessary to maintain a mechanism which will ensure payment of uncompensated hospital care; and to protect the fiscal solvency of the State's general hospitals, as provided for in P.L.1971, c.136 (C.26:2H-1 et al.), it is necessary that all payers of health care services share equally in the payment of uncompensated care on a Statewide basis.
b. The "New Jersey Uncompensated Care Trust Fund," created pursuant to P.L.1986, c.204, and continued pursuant to P.L.1989, c.1 (C.26:2H-18.4 et seq.), which law expired on December 31, 1990, by which hospitals were able to collect their reasonable cost of approved uncompensated care, resulted in unobstructed access to health care for residents without insurance who otherwise are unable to afford care.
c. Having received and thoroughly reviewed the reports issued by the Commissioner of Health and the Governor's Commission on Health Care Costs on uncompensated care, its economic implications and various means of financing uncompensated care, it is evident that provision for a trust fund is necessary, with modifications, to ensure access to hospital care for those who cannot afford to pay and the fiscal solvency of hospitals. At the same time, the State should take further actions to: provide more comprehensive Medicaid coverage for the medically indigent, reduce the rate of increase in health insurance premiums and explore and implement various initiatives to reduce the amount of uncompensated care in this State without impairing access to care.
L.1991,c.187,s.1; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.25 - Definitions

26:2H-18.25. Definitions
As used in sections 1 through 26 of P.L.1991, c.187 (C.26:2H-18.24 et al.):
"Assessment" means monies that are required to be remitted to the fund by hospitals pursuant to this act.
"Commission" means the Hospital Rate Setting Commission established pursuant to section 5 of P.L.1978, c.83 (C.26:2H-4.1).
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Disproportionate share hospital" means a hospital designated by the Commissioner of Human Services pursuant to Pub.L.89-97 (42 U.S.C. s.1396a et seq.).
"Fund" means the "New Jersey Health Care Trust Fund" established pursuant to this act.
"Hospital" means a general acute care hospital whose schedule of rates is approved by the commission pursuant to section 11 of P.L.1978, c.83 (C.26:2H-18.1).
"Medicaid" means the New Jersey Medical Assistance and Health Services Program in the Department of Human Services established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
"Payer" means a governmental or nongovernmental third party payer or any purchaser of hospital services whose hospital reimbursement rates are established by the commission pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), but shall not include the Medicaid program and the Medicare program established pursuant to Pub.L.89-97 (42 U.S.C. s.1395 et seq.), except as provided for in subsection a. of section 5 of this act.
"Uncompensated care" means inpatient and outpatient care provided to medically indigent persons and bad debts as defined by regulation of the department pursuant to P.L.1971, c.136 (C.26:2H-1 et al.).
L.1991,c.187,s.2; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.26 - Approval of hospital's rates by commission authorized

26:2H-18.26. Approval of hospital's rates by commission authorized
The commission is authorized to approve a hospital's rates to achieve an equitable collection and distribution mechanism among hospitals in the State for payment of uncompensated care pursuant to the provisions of this act.
L.1991,c.187,s.3; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.27 - "New Jersey Health Care Trust Fund" established

26:2H-18.27. "New Jersey Health Care Trust Fund" established
There is established the "New Jersey Health Care Trust Fund" in the Department of Health.
a. The fund shall be comprised of assessments remitted by hospitals pursuant to this act and any other monies appropriated thereto to carry out the purposes of this act.
The fund shall be a nonlapsing fund dedicated for use by the State: (1) to distribute payments for the cost of uncompensated care in the State, (2) to subsidize a pilot health insurance program for small business employees, (3) to fund the reasonable cost of administering the fund, (4) to fund the reasonable cost of preparing and disseminating health insurance information to employers pursuant to section 17 of P.L.1991, c.187 (C.26:2H-18.39) and (5) to fund primary health care provided by community health centers, on a pilot basis, pursuant to section 23 of P.L.1991, c.187 (C.26:2H-18.45); except that, monies remitted by hospitals pursuant to this act shall not be used for the purpose of subsidizing pilot health insurance programs for small business employees. Interest earned on monies deposited in the fund shall be credited to the fund.
b. The fund shall be administered by a person appointed by the commissioner.
The administrator of the fund is responsible for overseeing and coordinating the collection and disbursement of fund monies. The administrator is responsible for promptly informing the commission and the Commissioners of Health and Human Services if monies are not or are not reasonably expected to be collected or disbursed or if the fund's reserve as established in subsection c. of this section falls below the required level.
c. The fund shall maintain a reserve in an amount not to exceed $25 million. The commissioner shall adopt rules and regulations to govern the use of the reserve and to ensure the integrity of the fund, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.1991,c.187,s.4; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.28 - Determination of uniform Statewide uncompensated care add-on

26:2H-18.28. Determination of uniform Statewide uncompensated care add-on
5. a. For the periods beginning January or July of the hospitals' rate year, the department shall determine a uniform Statewide uncompensated care add-on. The commission shall approve the add-on before it is included in hospital rates.
The add-on shall be determined by dividing the Statewide amount of approved uncompensated care plus an amount adequate to fund the reasonable cost of administering the fund pursuant to subsection a. of section 4 of P.L.1991, c.187 (C.26:2H-18.27) and to maintain the reserve pursuant to subsection c. of section 4 of P.L.1991, c.187 (C.26:2H-18.27), by the Statewide amount of approved revenue for all payers and approved revenue for medically indigent persons less the Statewide amount of approved uncompensated care.
The Medicaid program shall provide its share of the uncompensated care add-on, as determined by the commission, through a direct contribution to the fund of an amount equal to the Medicaid program's State share of the uncompensated care add-on.
The add-on and any increases made to the add-on are an allowable cost and shall be included as part of the hospital's rates as established by the commission.
b. The amount of money raised by the uniform Statewide uncompensated care add-on, as a percentage of all governmental and nongovernmental approved revenue, shall not exceed 13%, except that the add-on shall not exceed 19.1%.
The commissioner shall establish the following target levels for the add-on: 16% by July 1, 1993, 13% by July 1, 1994 and 10% by July 1, 1995.
c. The uniform Statewide uncompensated care add-on for patients whose hospital bills are paid by a health maintenance organization or other payer which has negotiated a discounted rate of payment with the hospital shall be based on the full rate of reimbursement for the services provided by the hospital to the patient under the hospital reimbursement system established pursuant to P.L.1978, c.83, rather than on the discounted rate of payment.
d. No provision of this section shall be construed to preclude the commission from approving individual hospital rate increases for uncompensated care in addition to the add-on. Such increases, however, shall not be paid from the moneys in the Health Care Trust Fund.
L.1991,c.187,s.5; amended 1992,c.25,s.1; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.30 - Remission of mandatory assessment to fund by hospital

26:2H-18.30. Remission of mandatory assessment to fund by hospital
7. a. A hospital shall remit the mandatory assessment to the fund at the end of every month except that a hospital shall remit the first payment under this act by August 30, 1991.
b. If a hospital is delinquent in its payment of the mandatory assessment to the fund, the commission may, pursuant to rules and regulations adopted by the commissioner, remove from that hospital's schedule of rates the uniform Statewide uncompensated care add-on or levy a reasonable penalty on the hospital. The penalty shall be recovered in a summary civil proceeding brought in the name of the State in the Superior Court pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Penalties collected pursuant to this section shall be deposited in the fund established pursuant to this act.
c. A hospital authorized to receive payments from the Division of Medical Assistance and Health Services in the Department of Human Services pursuant to subsection b. of section 6 of P.L.1991, c.187 (C.26:2H-18.29), shall receive the payments on a monthly basis. The first payment shall be made within 45 days of the effective date of this section.
L.1991,c.187,s.7; amended 1992,c.25,s.2; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.32 - Designation of hospitals where county welfare agency employee will be stationed to determine Medicaid eligibility

26:2H-18.32. Designation of hospitals where county welfare agency employee will be stationed to determine Medicaid eligibility
9. The Commissioner of Health, in consultation with the Commissioner of Human Services, shall designate those hospitals at which an employee from the county welfare agency shall be stationed, on either a full or part-time basis, as appropriate, to perform eligibility determinations for the Medicaid program pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
A designated hospital shall reimburse the county welfare agency for the nonfederal share of costs associated with the county welfare agency employee, as certified by the Commissioner of Human Services. The Commissioner of Human Services shall bill the hospital quarterly for the nonfederal share of costs and reimburse the county welfare agency upon receipt of payment from the hospital.
L.1991,c.187,s.9; amended 1992,c.160,s.26.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.34 - Annual audit of hospital's uncompensated care

26:2H-18.34. Annual audit of hospital's uncompensated care
a. The department shall annually provide for an audit of each hospital's uncompensated care within a time frame established by rules and regulations adopted by the commissioner.
b. Prior to the department's final approval of the audit, the results of the audit shall be reviewed with the hospital. If a hospital disputes an audit adjustment, the hospital may appeal the adjustment to the commission. The commission shall resolve the dispute within 90 calendar days of the date on which the hospital appealed the adjustment.
c. Upon receipt and acceptance of the final audit, the commission, within 90 calendar days, shall adjust a hospital's schedule of rates so that the rates reflect the audit adjustment.
L.1991,c.187,s.12; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.35 - Reporting by hospitals of patient accounts referred to collection agency

26:2H-18.35. Reporting by hospitals of patient accounts referred to collection agency
The department shall, for the purpose of developing patient profiles, require a hospital to report the following information about any patient who was served on an inpatient basis or on any patient served on an outpatient basis with an account balance greater than $125, whose account has been referred to a collection agency or for legal action pursuant to paragraph (3) of subsection b. of section 10 of P.L.1989, c.1 (C.26:2H-18.13) or to paragraph (3) of subsection b. of section 11 of P.L.1991, c.187 (C.26:2H-18.33): the patient's age; sex; marital status; employment status and if employed, whether the employment is full or part-time; type of health insurance coverage, and if the patient is a child under 18 years of age who does not have health insurance coverage or a married person who does not have health insurance coverage, whether the child's parent or the married person's spouse, as the case may be, has health insurance coverage.
The hospital shall also include a copy of any billing information about the patient's account, at the point of write-off as a bad debt, which is provided to a collection agency or any other person for legal action, including whether the amount due and owing represents the patient or responsible party's failure to pay a full hospital bill, a partial hospital bill, or an insurance copayment or deductible.
The hospital shall provide the information to the department on a quarterly basis, on a form developed by the department, in consultation with the New Jersey Hospital Association.
L.1991,c.187,s.13; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.36 - Submission of information about income of persons whose income tax refund, homestead rebate was applied to patient account

26:2H-18.36. Submission of information about income of persons whose income tax refund, homestead rebate was applied to patient account
The Department of the Treasury shall compile and submit to the Department of Health information about the income of persons whose income tax refund or homestead rebate was applied to recover the amount due and owing on a patient's account pursuant to paragraph (4) of subsection b. of section 10 of P.L.1989, c.1 (C.26:2H-18.13) or to paragraph (4) of subsection b. of section 11 of P.L.1991, c.187 (C.26:2H-18.33).
The information compiled by the department shall identify the number of persons whose annual income for 1990 is: below $10,000; between $10,000 and $20,000; between $20,001 and $40,000; between $40,001 and $60,000; between $60,001 and $80,000; and greater than $80,000.
L.1991,c.187,s.14; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.37 - Quality control reviews of audits of hospital uncompensated care

26:2H-18.37. Quality control reviews of audits of hospital uncompensated care
The State Auditor shall conduct quality control reviews of the audits of hospital uncompensated care for calendar years 1989 and 1990 that are required pursuant to section 11 of P.L.1989, c.1 (C.26:2H-18.14). The State Auditor shall select a representative sample of hospital audits to complete the reviews, except that each year's review shall include, at a minimum, the audits from the 20 hospitals with the highest uncompensated care costs in the State.
The State Auditor shall report to the chairmen of the Senate Institutions, Health and Welfare and General Assembly Health and Human Services Committees and the Commissioner of Health on the results of the reviews and make any recommendations necessary to improve the system for monitoring compliance with the patient interview and collection procedures required pursuant to this act.
The Department of Health shall promptly provide the State Auditor with a copy of the completed audits of each hospital's uncompensated care for 1989, and the completed audits for 1990, as soon as they are available, for the purpose of conducting the reviews.
L.1991,c.187,s.15; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.38 - Adjustment of hospital's rate schedule to reflect services provided to certain emergency room patients

26:2H-18.38. Adjustment of hospital's rate schedule to reflect services provided to certain emergency room patients
The commission shall adjust a hospital's schedule of rates to ensure that services which are provided to emergency room patients who do not require those services on an emergency basis are reimbursed at a rate appropriate for primary care, according to regulations adopted by the commissioner. Nothing in this section shall be construed to restrict the right of the commission to increase a hospital's schedule of rates for required emergency services, except that the increase shall not be solely to offset a reduction in hospital revenue as a result of reduced rates for primary care provided in the emergency room.
Nothing in this section shall be construed to permit a hospital to refuse to provide emergency room services to a patient who does not require the services on an emergency basis.
L.1991,c.187,s.16; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.39 - Employers not providing health insurance required to provide employer assistance

26:2H-18.39. Employers not providing health insurance required to provide employer assistance
Any employer in this State who does not provide health insurance coverage to its employees is required to provide employer assistance and to inform all of its current and prospective employees about the importance of having health insurance coverage. The employer shall also make a good faith effort to assist any employee who wishes to purchase health insurance from a health insurance carrier.
For the purposes of this section, "employer assistance" means the dissemination to all current and prospective employees of information obtained from the department on health insurance products available in the State for employees and their dependents.
The department, in consultation with the Department of Insurance, shall prepare and have ready for dissemination to employers information on health insurance products available in the State.
L.1991,c.187,s.17; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.40 - Monies remaining in "Uncompensated Care Reduction - Pilot Program" account to subsidize pilot program for small business employees

26:2H-18.40. Monies remaining in "Uncompensated Care Reduction - Pilot Program" account to subsidize pilot program for small business employees
The monies remaining in the "Uncompensated Care Reduction--Pilot Program" account of the New Jersey Uncompensated Care Trust Fund established pursuant to P.L.1989, c.1 (C.26:2H-18.4 et seq.) on December 31, 1990 shall be used to subsidize or otherwise provide financial assistance for a health insurance pilot program for small business employees; except that the monies, and any interest earned thereon, shall remain in the account until such time as a law is enacted which establishes the health insurance pilot program for small business employees and which appropriates the monies in the account.
L.1991,c.187,s.18; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.41 - Hospital shall not advertise availability of uncompensated care

26:2H-18.41. Hospital shall not advertise availability of uncompensated care
A hospital shall not advertise by any means the availability of uncompensated care that is provided at the hospital pursuant to this act. Nothing in this section shall be construed to prohibit a hospital from advertising its requirement to provide charity care under the federal Hill-Burton program pursuant to 42 U.S.C. s. 291 et seq.
L.1991,c.187,s.19; per s.86 as amended by 1992, c.160, s.27, expired December 31, 1992.