reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.28 - Hospital to consult with designated caregiver.

26:2H-5.28 Hospital to consult with designated caregiver.
5. a. As soon as possible prior to a patient's discharge from a hospital to the patient's residence, the hospital shall consult with the designated caregiver and issue a discharge plan that describes a patient's after-care assistance needs, if any, at the patient's residence. The consultation and issuance of a discharge plan shall occur on a schedule that takes into consideration the severity of the patient's condition, the setting in which care is to be delivered, and the urgency of the need for caregiver services. 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. At a minimum, the discharge plan shall include:
(1) The name and contact information of the caregiver designated under this act;
(2) A description of all after-care assistance tasks necessary to maintain the patient's ability to reside at home; and
(3) Contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient's discharge plan, and contact information for a hospital employee who can respond to questions about the discharge plan after the instruction provided pursuant to subsection b. of this section.
b. The hospital issuing the discharge plan must provide caregivers with instructions in all after-care assistance tasks described in the discharge plan. Training and instructions for caregivers may be conducted in person or through video technology, at the discretion of the caregiver. Any training or instructions provided to a caregiver shall be provided in non-technical language, to the extent possible. At a minimum, this instruction shall include:
(1) A live or recorded demonstration of the tasks performed by an individual designated by the hospital, who is authorized to perform the after-care assistance task, and is able to perform the demonstration in a culturally-competent manner and in accordance with the hospital's requirements to provide language access services under State and federal law;
(2) An opportunity for the caregiver to ask questions about the after-care assistance tasks; and
(3) Answers to the caregiver's questions provided in a culturally-competent manner and in accordance with the hospital's requirements to provide language access services under State and federal law.
c. Any instruction required under this act shall be documented in the patient's medical record, including, at a minimum, the date, time, and contents of the instruction.
L.2014, c.68, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.29 - Construction of act relative to advance care directive.

26:2H-5.29 Construction of act relative to advance care directive.
6. a. Nothing in this act shall be construed to interfere with the rights of an agent operating under a valid advance directive pursuant to the provisions of the "New Jersey Advance Directives for Health Care Act," P.L.1991, c.201 (C.26:2H-53 et al.), the "New Jersey Advance Directives for Mental Health Care Act," P.L.2005, c.233 (C.26:2H-102 et al.), or the "Practitioner Orders for Life-Sustaining Treatment Act," P.L.2011, c.145 (C.26:2H-129 et al.).
b. A patient may designate a caregiver in an advance directive.
L.2014, c.68, s.6; amended 2019, c.218, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.30 - Construction of act relative to private right of action against hospital.

26:2H-5.30 Construction of act relative to private right of action against hospital.
7. a. Nothing in this act shall be construed to create a private right of action against a hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual relationship.
b. A hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual relationship shall not be held liable, in any way, for the services rendered or not rendered by the caregiver to the patient at the patient's residence.
c. Nothing in this act shall be construed to obviate the obligation of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or any other entity issuing health benefits plans to provide coverage required under a health benefits plan.
d. (1) A caregiver shall not be reimbursed by any government or commercial payer for after-care assistance that is provided pursuant to this act.
(2) Nothing in this act shall be construed to impact, impede, or otherwise disrupt or reduce the reimbursement obligations of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or any other entity issuing health benefits plans.
L.2014, c.68, s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.31 - Discharge, transfer of patient unaffected.

26:2H-5.31 Discharge, transfer of patient unaffected.
8. Nothing in this act shall delay the discharge of a patient, or the transfer of a patient from a hospital to another facility.
L.2014, c.68, s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.32 - Rules, regulations.

26:2H-5.32 Rules, regulations.
9. The Department 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 including, but not limited to, regulations to further define the content and scope of any instructions provided to caregivers.
L.2014, c.68, s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.33 - Definitions relative to actions by health care facilities.

26:2H-5.33 Definitions relative to actions by health care facilities.
26. a. As used in this section:
"Health care facility" or "facility" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"Health care professional" means a person licensed to practice a health care profession pursuant to Title 45 of the Revised Statutes.
b. (1) The existing policies and procedures utilized by a health care facility shall, to the maximum extent possible, govern the taking of any action by a health care professional pursuant to sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.) on the premises owned by, or under the direct control of, the facility, except as otherwise prescribed by regulation of the Commissioner of Health pursuant to paragraph (4) of this subsection.
(2) Any action taken by a health care facility to participate in P.L.2019, c.59 (C.26:16-1 et al.) shall be voluntary on the part of the facility.
(3) A health care facility shall not be subject to a licensure enforcement action by the Department of Health for any action taken in compliance with the provisions of P.L.2019, c.59 (C.26:16-1 et al.).
(4) The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to implement the provisions of sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.), concerning their application to a health care facility and any action taken by a health care professional on the premises owned by, or under the direct control of, the facility.
(5) The provisions of this subsection shall not preclude a health care facility or health care professional from providing to a patient any health care services to which the provisions of sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.) do not apply.
L.2019, c.59, s.26.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.34 - Notation in medical record of increased risk of symptoms caused by a dementia related disorder; definitions.

26:2H-5.34 Notation in medical record of increased risk of symptoms caused by a dementia related disorder; definitions.
1. a. A hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall require a health care professional or appropriate staff member to include a notation in a patient's medical record indicating that the patient has an increased risk of confusion, agitation, behavioral problems, and wandering due to a dementia related disorder, if such notation is requested by the patient's caregiver. The notation may be included in the patient's medical record at the time the patient is admitted to the hospital or to the hospital emergency department or when the patient is examined by a health care professional, and shall be prominently displayed in the medical record. A notation made pursuant to this section shall also be included by the hospital on the patient's universal transfer form, and, where practicable, shall be additionally communicated electronically to any licensed health care facility to which the patient may be admitted upon discharge by the hospital.
b. As used in this section:
"Caregiver" means a relative, spouse, partner, friend, or neighbor who has a significant relationship to the patient;
"Dementia" means a chronic or persistent disorder of the mental processes due to organic brain disease, for which no curative treatment is available, and marked by memory disorders, changes in personality, deterioration in personal care, impaired reasoning ability, and disorientation; and
"Health care professional" means a physician, physician assistant, or advanced practice nurse, who is acting within the scope of the professional's practice and is licensed or whose professional practice is otherwise regulated pursuant to Title 45 of the Revised Statutes.
L.2019, c.392, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.35 - Determination by general acute care hospital if patient is homeless or a military veteran.

26:2H-5.35 Determination by general acute care hospital if patient is homeless or a military veteran.
1. A general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall, as part of the patient intake process, inquire as to whether the individual who is to receive services from the hospital is homeless or is a military veteran. In the event that the individual responds in the affirmative, the hospital shall provide the individual with information concerning special services and resources that are available to the individual based on the individual's status as homeless or as a military veteran. Each general acute care hospital licensed in this State shall establish standard protocols and procedures for making inquiries and providing information as required by this section.
L.2019, c.463, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5.36 - Evidence-based cultural competency training program for general acute care hospital staff, direct contact with patients.

26:2H-5.36 Evidence-based cultural competency training program for general acute care hospital staff, direct contact with patients.
1. a. Each general acute care hospital that collects data concerning patient race, ethnicity, sexual orientation, or gender identity for any reason shall implement an evidence-based cultural competency training program for all staff members employed by or working under the supervision of the general acute hospital who have direct contact with patients and are responsible for collecting race and ethnicity, sexual orientation, and gender identity information from patients.
b. Each cultural competency training program implemented pursuant to subsection a. of this section shall include training on how to collect race, ethnicity, sexual orientation, and gender identity in a culturally competent and sensitive manner. This may include the following topics:
(1) common terminology for race and ethnicity, sexual orientation, and gender identity data;
(2) information on the relationship between patient health and collecting race and ethnicity, sexual orientation, and gender identity data;
(3) information on how race and ethnicity, sexual orientation, and gender identity data will be used;
(4) information on how to navigate discomfort in patients and staff when asking patients for their race and ethnicity, sexual orientation, and gender identity information; and
(5) information on how to create an inclusive and affirming environment for all patients.
c. Each staff member who is employed by or working under the supervision of the general acute care hospital, has direct contact with patients, and is responsible for collecting race and ethnicity, sexual orientation, and gender identity information from patients, shall:
(1) complete the cultural competency training program implemented pursuant to subsection a. of this section at such times and intervals as the hospital shall require; and
(2) complete a cultural competency refresher course at least once biennially if completion of the course is deemed necessary by the hospital.
L.2021, c.454, s.1; amended 2022, c.44, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7a - Exemptions from certificate of need requirement.

26:2H-7a Exemptions from certificate of need requirement.
19. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, the following are exempt from the certificate of need requirement:
Community-based primary care centers;
Outpatient drug and alcohol services;
Hospital-based medical detoxification for drugs and alcohol;
Ambulance and invalid coach services;
Mental health services which are non-bed related outpatient services;
Full service diagnostic catheterization services, primary angioplasty services, and elective angioplasty services in accordance with a license issued under section 2 of P.L.2021, c.18 (C.26:2H-7.23);
Residential health care facility services;
Dementia care homes;
Capital improvements and renovations to health care facilities;
Additions of medical/surgical, adult intensive care and adult critical care beds in hospitals;
Inpatient special psychiatric beds used solely for services for patients with co-occurring mental health and substance use disorders;
Replacement of existing major moveable equipment;
Inpatient operating rooms;
Alternate family care programs;
Hospital-based subacute care;
Ambulatory care facilities;
Comprehensive outpatient rehabilitation services;
Special child health clinics;
New technology in accordance with the provisions of section 18 of P.L.1998, c.43 (C.26:2H-7d);
Transfer of ownership interest except in the case of an acute care hospital;
Change of site for approved certificate of need within the same county;
Additions to vehicles or hours of operation of a mobile intensive care unit;
Relocation or replacement of a health care facility within the same county, except for an acute care hospital;
Continuing care retirement communities authorized pursuant to P.L.1986, c.103 (C.52:27D-330 et seq.);
Magnetic resonance imaging;
Adult day health care facilities;
Pediatric day health care facilities;
Chronic or acute renal dialysis facilities; and
Transfer of ownership of a hospital to an authority in accordance with P.L.2006, c.46 (C.30:9-23.15 et al.).
L.1992, c.160, 19; amended 1998, c.43, s.7. 2006, c.46, s.10; 2015, c.125, s.2; 2017, c.94; 2021, c.18, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7c - Exemptions from certificate of need requirement.

26:2H-7c Exemptions from certificate of need requirement.
16. a. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, 20 months after the effective date of P.L.1998, c.43 the following shall be exempt from the certificate of need requirement:
Extracorporeal shock wave lithotripter;
Hyperbaric chamber;
Positron emission tomography;
Residential drug and alcohol services;
Ambulatory surgical facilities;
Basic obstetric and pediatric services and birth centers, including additions of basic obstetric and pediatric beds in hospitals; and
Linear accelerator, including Cobalt 60 unit.
b. Notwithstanding the provisions of subsection a. of this section to the contrary, if the Commissioner of Health determines that Department of Health licensing standards for a health care service or facility listed in subsection a. of this section have been adopted by regulation of the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner may exempt the health care service or facility from the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) prior to the 20-month period established in subsection a. of this section.
The commissioner shall publish notice of any exemptions established pursuant to this subsection in the New Jersey Register and provide for 45 days' public notice prior to the effective date of the exemption.
c. In the case of any health care service or facility that is not exempted from the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) pursuant to this section or section 19 of P.L.1992, c.160 (C.26:2H-7a) and is not subject to expedited review, the commissioner shall publish a call schedule for the initiation of the services or facilities within 90 days of the date of enactment of this act. In the event that the commissioner determines that there is insufficient need to support the initiation of the service or facility, the commissioner is authorized to cancel the call. The commissioner shall provide public notice of the cancellation at least 45 days prior to the scheduled call date.
L.1998, c.43, s.16; amended 2012, c.17, s.170.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7d - Certain health care equipment exempt.

26:2H-7d Certain health care equipment exempt.
18. Notwithstanding the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.) to the contrary, health care equipment which involves new technology that is not identified in N.J.A.C.8:33 et seq., shall not be subject to certificate of need requirements and may be initiated in the State in accordance with the requirements of this section.
a. The new technology shall be directly related to a health care service for which the provider is already licensed and has obtained a certificate of need, when required.
b. The provider shall notify the Commissioner of Health about the intent to initiate the new technology at least 60 days prior to the date the provider will begin use of the technology.
c. The new technology shall have pre-market approval from the federal Food and Drug Administration.
d. The provider shall use the new technology in accordance with guidelines approved by The Joint Commission until such time as the Department of Health has adopted licensing standards for the new technology. The provider shall be required to comply with the department's licensing standards for the new technology upon adoption of the standards.
e. The provider shall agree to submit to the department appropriate patient information and other data concerning use of the new technology to assist the department in establishing licensing standards. The provider shall submit the information and other data on a quarterly basis until such time as licensing standards are adopted for the new technology.
f. The commissioner may suspend a provider's use of the new technology if he determines that the provider is not in compliance with the requirements of this section.
L.1998, c.43, s.18; amended 2012, c.17, s.171.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.1 - Exemption; land acquired prior to effective date of act

26:2H-7.1. Exemption; land acquired prior to effective date of act
Any nonprofit entity chartered by the State of New Jersey as a nonprofit corporation pursuant to Title 15 of the Revised Statutes, which had been so chartered and had acquired land for the purpose of constructing a hospital prior to the effective date of the act to which this act is a supplement, and when the land so acquired by such nonprofit corporation is located within a municipality that has provided an appropriation for the construction of a health care facility as authorized by P.L.1954, c. 266 (C. 44:5-10.2), then the proposed hospital of such nonprofit corporation shall be exempt from the requirement of section 7 of P.L.1971, c. 136 (C. 26:2H-7) relating to a certificate of need.
L.1978, c. 107, s. 1, eff. Aug. 22, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.2 - Exemption from certificate of need.

26:2H-7.2 Exemption from certificate of need.
1. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, a nursing home which proposes to increase the total number of licensed beds contained therein by not more than 10 beds or 10% of its licensed bed capacity, whichever is less, within a period of five years is exempt from the requirement of obtaining a certificate of need if the nursing home is in compliance with all State regulations governing its operations. No licensed bed that is added by a nursing home in accordance with the requirements of this section, and no licensed bed that is part of an unimplemented certificate of need, may be sold or transferred to any other nursing home except upon application for and receipt of a certificate of need as provided by P.L.1971, c.136 (C.26:2H-1 et seq.). A nursing home that has removed beds from its license within the preceding five years shall not be eligible to increase its licensed bed capacity under the provisions of this section.
L.1987, c.322, s.1; amended 2021, c.95, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.3 - Nursing homes exempt from certificate of need requirement.

26:2H-7.3 Nursing homes exempt from certificate of need requirement.
1. a. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, a nursing home which is affiliated with a well established religious body or denomination and reserves at least 65% of its licensed bed capacity for patients who are members of that religious body or denomination is exempt from the requirement of obtaining a certificate of need if the nursing home is in compliance with all State regulations governing its licensure.
b. A nursing home which is exempt from the certificate of need requirement pursuant to subsection a. of this section shall be required to meet the Statewide average for the percentage of beds that are to be reserved for patients who are eligible for medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
L.1993,c.140.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.4 - Findings, declarations

26:2H-7.4. Findings, declarations
1. The Legislature finds and declares that it is in the public interest for the State to facilitate the development of an effective and efficient spectrum of quality health care services; and that the conversion of existing hospital bed capacity to a less intensive and more appropriate level of care for post-acute care patients in order to create subacute care units will ensure an optimal quality of care, promote continuity of care and avoid the duplication of existing health care facility bed capacity through costly new construction.
L.1996,c.102,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.5 - Definitions regarding subacute care units

26:2H-7.5. Definitions regarding subacute care units
2. As used in this act:
"Commissioner" means the Commissioner of Health.
"Hospital" means an acute care general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"Subacute care" means a comprehensive in-patient program for patients who have had an acute illness, injury or exacerbation of a disease process, have a determined course of treatment prescribed, and do not require intensive diagnostic or intensive invasive procedures, but the patient's condition requires physician direction, intensive nursing care, frequent recurrent patient assessment and review of the clinical course and treatment plan for a period of time, significant use of ancillary medical services and an interdisciplinary approach using professional teams of physicians, nurses and other relevant professional disciplines to deliver complex clinical interventions.
"Subacute care unit" means a unit located within a hospital which utilizes licensed long-term care beds to provide subacute care for patients.
L.1996,c.102,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.6 - Requirements for subacute care unit.

26:2H-7.6 Requirements for subacute care unit.
3. a. A hospital which proposes to utilize a portion of its licensed bed capacity for the purpose of establishing a subacute care unit shall be subject to the following requirements:
(1) the subacute care unit's beds shall be licensed by the Department of Health as long-term care beds and shall meet all applicable State licensing and federal certification requirements, including the physical requirements for skilled nursing beds under the federal Medicare program established pursuant to Pub.L.89-97 (42 U.S.C.s.1395 et seq.), with reasonable waiver provisions as determined by the commissioner or the federal Centers for Medicare & Medicaid Services, as appropriate;
(2) the maximum length of stay in the unit shall not exceed eight days;
(3) the unit shall be certified to participate in the Medicare program as a skilled nursing facility;
(4) the unit shall be comprised of not more than 7% of the hospital's licensed medical-surgical bed capacity or 12 beds, whichever is greater;
(5) the hospital's licensed medical-surgical bed capacity shall be reduced, by the commissioner, by the number of beds used to establish a subacute care unit under the provisions of this section. Long-term care beds in a hospital's subacute care unit shall not be transferred to, or combined with, a subacute care unit in another hospital. Bed limitations for a hospital shall include both conversions of existing acute care beds and any purchases or other acquisitions or rentals of beds to be used by a hospital for the provision of subacute care under this act;
(6) (Deleted by amendment, P.L.1998, c.43).
(7) the hospital shall be subject to the fee for the filing of an application for a license for long-term care beds and any renewal thereof as established by the Department of Health pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12).
b. Subacute care shall not be covered by the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). The long-term care beds in a subacute care unit shall not be included in long-term care bed inventories for certificate of need review purposes.
L.1996, c.102, s.3; amended 1998, c.43, s.8; 2012, c.17, s.172.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.8 - Licensure requirements; quarterly reports

26:2H-7.8. Licensure requirements; quarterly reports
5. a. A subacute care unit shall be subject only to existing State long-term care facility licensure requirements and federal regulations governing Medicare participation.
b. A hospital that has or converts beds for subacute care shall file with the Department of Health quarterly reports showing each patient admitted to the subacute care unit during the quarter by diagnosis, the patient's length of stay in the unit, and any other information required by the department by regulation.
L.1996,c.102,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.14 - Construction of act.

26:2H-7.14 Construction of act.
5. Nothing in this act shall be construed to limit the existing authority of the Attorney General, the Commissioner of Health, or any other government official or entity or the court to review, approve or disapprove conditions related to an acquisition, transaction, or disposition under current law.
L.2000, c.143, s.5; amended 2012, c.17, s.174.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.15 - Definitions relative to assisted living.

26:2H-7.15 Definitions relative to assisted living.
1. As used in this act:
"Assisted living" means a coordinated array of supportive personal and health services, available 24 hours per day, which promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity, and homelike surroundings to residents who have been assessed to need these services, including residents who require formal long-term care.
"Assisted living program" means the provision of or arrangement for meals and assisted living services, when needed, to the residents of publicly subsidized housing, which because of any federal, State, or local housing laws, rules, regulations, or requirements cannot become licensed as an assisted living residence.
"Assisted living residence" means a facility licensed by the Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor. Apartment units shall offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
"Commissioner" means the Commissioner of Health.
L.2002, c.25, s.1; amended 2012, c.17, s.175.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.16 - Evaluation of applicant prior to approval of certificate of need.

26:2H-7.16 Evaluation of applicant prior to approval of certificate of need.
2. Prior to approval of a certificate of need pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7) for an assisted living residence or program, the commissioner shall evaluate the background of an applicant for a certificate of need to ensure, at a minimum, that the applicant is:
a. of good moral character;
b. economically capable of constructing or expanding, as appropriate, and maintaining an assisted living residence or program, as applicable;
c. capable of successfully providing assisted living services that meet or surpass the licensing standards for assisted living residences or programs, as applicable, as set by the commissioner;
d. capable of demonstrating an acceptable track record, if appropriate, of the applicant's past and current compliance with State licensure requirements, applicable federal requirements and State certificate of need requirements pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7); and
e. capable of demonstrating an acceptable track record of the applicant's past and current compliance with State licensure or applicable federal or State requirements for, and the financial success of, any health care-related or other business activity that involves construction, operation or management of the activity.
L.2002,c.25,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.19 - Applicant to assume cost of criminal history record background check.

26:2H-7.19 Applicant to assume cost of criminal history record background check.
5. The applicant for certification as an assisted living administrator or a certified assisted living administrator, as the case may be, shall assume the cost of the criminal history record background check conducted pursuant to this act.
L.2002,c.25,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.20 - Fine for false sworn statement.

26:2H-7.20 Fine for false sworn statement.
6. A person submitting a false sworn statement pursuant to section 4 of this act shall be subject to a fine of not more than $1,000, which may be assessed by the commissioner.
L.2002,c.25,s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.21 - Rules, regulations.

26:2H-7.21 Rules, regulations.
8. 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.2002, c.25, s.8; amended 2012, c.17, s.176.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.22 - Definitions relative to hospital licensure to perform certain cardiac procedures.

26:2H-7.22 Definitions relative to hospital licensure to perform certain cardiac procedures.
1. As used in P.L.2021, c.18 (C.26:2H-7.22 et al.):
"Angioplasty" or "percutaneous coronary intervention" means the mechanical reopening of an occluded vessel in the heart or corona using a balloon-tipped catheter.
"Applicant hospital" means a general hospital that has entered into a collaboration agreement with a cardiac surgery center licensed in New Jersey.
"Application" means all information required by the commissioner of an applicant hospital to determine compliance with P.L.2021, c.18 (C.26:2H-7.22 et al.).
"C-PORT-E study" means the Atlantic Cardiovascular Patient Outcomes Research Team Elective Angioplasty Study clinical trial.
"Collaboration agreement" means an agreement between a licensed cardiac surgery center and a general hospital that includes:
(1) written protocols for enrolled patients who require transfer to, and receipt at, a cardiac surgery center's operating room within one hour of the determination of the need for such transfer, including the emergency transfer of patients who require an intra-aortic balloon pump;
(2) regular consultation between the two hospitals on individual cases, including use of technology to share case information in a rapid manner; and
(3) evidence of adequate cardiac surgery on-call backup.
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Elective angioplasty" means an angioplasty or percutaneous coronary intervention performed on a non-emergent basis.
"Full service adult diagnostic cardiac catheterization facility" means an acute care general hospital that provides invasive cardiac diagnostic services to adult patients without cardiac surgery backup, is equipped with laboratories, and performs at least 250 cardiac catheterizations each year.
"Primary angioplasty" means an angioplasty or percutaneous coronary intervention performed on an acute or emergent basis.
L.2021, c.18, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.24 - Information furnished to patient by hospital.

26:2H-7.24 Information furnished to patient by hospital.
3. Prior to performing any procedure authorized under a license issued pursuant to section 2 of P.L.2021, c.18 (C.26:2H-7.23) the applicant hospital shall furnish the following information to the patient and afford the patient the opportunity to review and consider such information before being asked to consent in writing to the procedure:
a. notice included with the informed consent form that the procedure is not being performed at a licensed cardiac surgery center, and in the event that the patient requires emergency cardiac surgery, the patient will be transferred to a licensed cardiac surgery center; and
b. details concerning the applicant hospital's plan and protocols for transferring patients who require emergency cardiac surgery, including the name and location of the cardiac surgery center with which the applicant hospital has entered into a collaboration agreement.
The applicant hospital shall, upon request, furnish the patient with a written copy of the hospital's transfer protocols, including transportation and associated charges for transportation, and a summary of the collaboration agreement.
L.2021, c.18, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-7.27 - Notice to departments prior to selling, transferring ownership.

26:2H-7.27 Notice to departments prior to selling, transferring ownership.
4. a. Prior to selling or transferring ownership of the land or other real property on which a nursing home is located, the prospective new owner shall submit notice to the Department of Health and the Department of Human Services, which notice shall include the following items:
(1) the sale or transfer of real property fee established by the Department of Health;
(2) a cover letter stating the applicant's intent to purchase the land or other real property on which a nursing home is located, and identification of the nursing home by name, address, and county;
(3) a description of the proposed transaction, including:
(a) identification of the current owners of the land or other real property on which a nursing home is located;
(b) identification of 100 percent of the proposed new owners, including the names and addresses of all principals and interested parties; and
(c) if applicable, a copy of an organizational chart, including parent corporations and wholly-owned subsidiaries;
(4) a copy of the agreement of sale or transfer, the proposed terms of the lease, rent, or use agreement with the nursing home and, if applicable, a copy of any management agreements; and
(5) an attestation by the new owners of the land or other real property that they will lease, rent, or authorize use of the land or other real property by the nursing home at a rate that is consistent with the fair market value for the lease, rent, or use of similar facilities in the same market area.
b. A summary of the notice submitted pursuant to subsection a. of this section, including the names of the prospective new owners, shall be made available on the Department of Health's Internet website.
c. Nursing homes shall report to the Department of Health their rates or average rates for the lease, rent, or use of land or other real property in a manner determined by the department. The department shall post the rates or average rates for the lease, rent, or use of land or other real property reported by nursing homes on its Internet website.
L.2021, c.95, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-8 - Requirements for certificate of need

26:2H-8. Requirements for certificate of need
8. No certificate of need shall be issued unless the action proposed in the application for such certificate is necessary to provide required health care in the area to be served, can be economically accomplished and maintained, will not have an adverse economic or financial impact on the delivery of health care services in the region or Statewide, and will contribute to the orderly development of adequate and effective health care services. In making such determinations there shall be taken into consideration (a) the availability of facilities or services which may serve as alternatives or substitutes, (b) the need for special equipment and services in the area, (c) the possible economies and improvement in services to be anticipated from the operation of joint central services, (d) the adequacy of financial resources and sources of present and future revenues, (e) the availability of sufficient manpower in the several professional disciplines, and (f) such other factors as may be established by regulation. The State Health Plan may also be considered in determining whether to approve a certificate of need application.
In the case of an application by a health care facility established or operated by any recognized religious body or denomination the needs of the members of such religious body or denomination for care and treatment in accordance with their religious or ethical convictions may be considered to be a public need.
L.1971,c.136,s.8; amended 1971,c.138; 1991,c.187,s.31; 1992,c.31,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-9 - Issuance of certificate of need.

26:2H-9 Issuance of certificate of need.
9. Certificates of need shall be issued by the commissioner in accordance with the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.) and based upon criteria and standards therefor promulgated by the commissioner. The commissioner may approve or deny an application for a certificate of need. If an application is denied, the applicant may request a hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Requests for a hearing shall be made to the Department of Health and Senior Services within 30 days of receipt of notification of the commissioner's action. The department shall arrange within 60 days of a request, for a hearing and after such hearing the commissioner or his designee shall furnish the applicant in writing the hearing examiner's recommendations and reasons therefor. The commissioner within 30 days of receiving all appropriate hearing records shall make his determination, which shall be a final agency decision.
L.1971,c.136,s.9; amended 1978, c.83, s.6; 1991, c.187, s.32; 1992, c.31, s.3; 1998, c.43, s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-10 - Application for certificate of need; fee.

26:2H-10 Application for certificate of need; fee.
10. Application for a certificate of need shall be made to the department, and shall be in such form and contain such information as the department may prescribe. The department shall charge a nonreturnable fee for the filing of an application for a certificate of need. The minimum fee for the filing of an application shall be $7,500. For a project whose total cost is greater than $1 million, the fee shall be $7,500 plus 0.25% of the total project cost. Upon determination that an application is complete, copies thereof shall be referred by the department to the State Health Planning Board for review, when applicable.
The board shall provide adequate mechanisms for full consideration of each application submitted to the board and for developing recommendations thereon. Such recommendations, whether favorable or unfavorable, shall be forwarded to the commissioner within 90 days of the date of referral of the application. A copy of the recommendations made shall be forwarded to the applicant.
Recommendations concerning certificates of need shall be governed and based upon the principles and considerations set forth in section 8 of P.L.1971, c.136 (C:26:2H-8).
No member, officer or employee of the State Health Planning Board shall be subject to civil action in any court as the result of any act done or failure to act, or of any statement made or opinion given, while discharging his duties under this act as such member, officer, or employee, provided he acted in good faith with reasonable care and upon proper cause.
L.1971,c.136,s.10; amended 1978, c.83, s.7; 1991, c.187, s.36; 1997, c.392; 1998, c.43, s.10; 2003, c.117, s.10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-11.1 - Requirements for applicants for certificate of need, initial licensure for certain facilities.

26:2H-11.1 Requirements for applicants for certificate of need, initial licensure for certain facilities.
1. In the case of an application for a certificate of need or initial licensure, as applicable, for a narcotic and drug abuse treatment center to be located within 500 feet from any building in this State used for the instruction of children between the ages of five and 18 years, the applicant shall notify the governing body of the municipality within which the applicant proposes to locate the treatment center of the applicant's intention to apply for the certificate of need or licensure and the proposed location of the center. Documentation of the notice shall be filed with the certificate of need or license application. The Commissioner of Health is hereby authorized to adopt reasonable rules and regulations, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. For the purposes of this act, the definition of "narcotic and drug abuse treatment center" shall be identical to the definition in subsection (a) of section 2 of P.L.1970, c.334 (C.26:2G-22). This act shall not apply to any narcotic and drug abuse treatment center for which an application was filed prior to the effective date of this act.
L.1982, c.149, s.1; amended 1998, c.43, s.11; 2012, c.17, s.177.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-12a - Requirements for licensure of mental health programs

26:2H-12a. Requirements for licensure of mental health programs
5. A license issued to a mental health program by the Commissioner of Human Services pursuant to P.L.1995, c.321 (C.30:9A-18 et al.) shall be deemed to satisfy the requirements for licensure of a health care facility by the Department of Health pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12) for those mental health programs, and for payment by a purchaser of health care services pursuant to section 18 of P.L.1971, c.136 (C.26:2H-18).
L.1995,c.321,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-12b - Religious accommodation regarding admission procedures at licensed health care facilities.

26:2H-12b Religious accommodation regarding admission procedures at licensed health care facilities.
1. No patient or family member of a patient shall be required to sign admission papers to a health care facility, as defined in section 2 of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-2), during such times as the patient's or family member's religious beliefs prohibit them from signing the papers.
L.2007,c.216.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-12.1 - Health care facility to provide privileges for podiatrists, psychologists

26:2H-12.1. Health care facility to provide privileges for podiatrists, psychologists
1. a. Any health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), which provides medical or surgical care, shall provide for the use of the facility by, and appropriate privileges for, duly licensed podiatrists and psychologists. Use of the facility and privileges of a podiatrist or psychologist shall be subject to nondiscriminatory rules and regulations governing such use or privileges established by the governing body of the facility for persons licensed as physicians and surgeons pursuant to R.S.45:9-6 and dentists pursuant to R.S.45:6-19.
b. Nothing in this act shall be construed to require a hospital to grant admitting privileges to a psychologist or to permit the exercise of those privileges granted by the hospital without appropriate collaboration with the attending physician of the patient who is receiving or will receive care or treatment from the psychologist.
L.1983,c.28,s.1; amended 1995,c.310.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-12.2 - Repealed by L.2005,c.83,s.20, amended by L.2005,c.259,s.34 to change "podiatry" to "podiatric medicine."

26:2H-12.2. Repealed by L.2005,c.83,s.20, amended by L.2005,c.259,s.34 to change "podiatry" to "podiatric medicine."