reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-139 - Intentional failure to act, penalties, degree of crime.

26:2H-139 Intentional failure to act, penalties, degree of crime.
11. a. A health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline for professional misconduct pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).
b. A health care institution that intentionally fails to act in accordance with the requirements of this act shall be liable to a civil penalty of not more than $1,000 for each offense. For the purposes of this subsection, each violation shall constitute a separate offense. The civil penalty shall be collected in a summary proceeding, brought in the name of the State in a court of competent jurisdiction pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. An emergency care provider subject to regulation by the Department of Health who intentionally fails to act in accordance with the requirements of this act is subject to such disciplinary measures as the commissioner deems necessary and within his statutory authority to impose.
d. A person who commits any of the following acts is guilty of a crime of the fourth degree:
(1) willfully concealing, canceling, defacing, obliterating, or withholding personal knowledge of a completed POLST form or a modification or revocation thereof, without the patient's consent;
(2) falsifying or forging a completed POLST form or a modification or revocation thereof of another person;
(3) coercing or fraudulently inducing the completion of a POLST form or a modification or revocation thereof; or
(4) requiring or prohibiting the completion of a POLST form or a modification or revocation thereof as a condition of coverage under any policy of health or life insurance or an annuity, or a public benefits program, or as a condition of the provision of health care.
e. The commission of an act identified in paragraph (1), (2), or (3) of subsection d. of this section, which results in the involuntary earlier death of a patient, shall constitute a crime of the first degree.
f. The provisions of this section shall not be construed to repeal any sanctions applicable under any other law.
L.2011, c.145, s.11; amended 2012, c.17, s.257.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-140 - Ensurance of compliance.

26:2H-140 Ensurance of compliance.
12. The commissioner may take such actions to ensure compliance with the provisions of sections 1 through 11 of this act by the patient safety organization designated pursuant to section 5 of this act, by any health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), and by any emergency care provider subject to regulation by the department, as the commissioner deems necessary and within his statutory authority to effectuate the purposes of this act.
L.2011, c.145, s.12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-142 - Findings, declarations relative to children's sudden cardiac events.

26:2H-142 Findings, declarations relative to children's sudden cardiac events.
2. The Legislature finds and declares that:
a. A great deal of information is needed by schools and communities throughout New Jersey in order to improve the survival of children who experience sudden cardiac events;
b. The collection of relevant data and the documentation of sudden cardiac event outcomes are essential for policymakers and health care professionals to determine the most effective allocation of personnel, training, equipment, and resources to save the greatest number of lives; and
c. It is in the public interest to implement such measures as are necessary to provide for the collection of children's sudden cardiac event data and to establish a Statewide database that will inform the efforts of schools, families, policymakers, and health care professionals to improve children's sudden cardiac event prevention and survival.
L.2013, c.143, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-143 - Definitions relative to children's sudden cardiac events.

26:2H-143 Definitions relative to children's sudden cardiac events.
3. As used in this act:
"Child" means a child who is under 19 years of age.
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Health care professional" means a physician or registered professional nurse licensed to practice in this State.
"Registry" means the Children's Sudden Cardiac Events Registry established pursuant to this act.
"Sudden cardiac event" means a death or aborted death due to a cardiac arrhythmia resulting in loss of consciousness requiring cardiopulmonary resuscitation, defibrillation, or other advanced life support measures to regain normal heart function.
L.2013, c.143,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-144 - Report to department.

26:2H-144 Report to department.
4. a. A health care professional who makes the diagnosis of a sudden cardiac event in a child, or who makes the actual determination and pronouncement of death for a child, as applicable, shall report the sudden cardiac event to the department on a form and in a manner prescribed by the commissioner.
b. The report shall be in writing and shall include the name and address of the health care professional submitting the report, the name, age, and address of the child, and other pertinent information as may be required by the commissioner; except that, if the child's parent or guardian objects to the reporting of the child's condition for any reason, the report shall not include any information that could be used to identify the child.
c. The commissioner shall specify procedures for the health care professional to inform the child's parent or guardian of the requirements of subsections a. and b. of this section and the purpose served by including this information in the registry, as well as the parent's or guardian's right to refuse to permit the reporting of any information that could be used to identify the child.
L.2013, c.143, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-145 - Children's Sudden Cardiac Events Registry.

26:2H-145 Children's Sudden Cardiac Events Registry.
5. a. The department shall establish and maintain an up-to-date Children's Sudden Cardiac Events Registry, which shall include a record of all sudden cardiac events that are reported pursuant to this act and any other information that the department deems relevant and appropriate in order to effectuate the purposes of this act.
b. The reports made pursuant to this act shall be used only by the department and other agencies as may be designated by the commissioner, and shall not otherwise be divulged or made public so as to disclose the identity of any person to whom they relate. To that end, the reports shall not be included under materials available to public inspections pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).
c. A health care professional providing information to the department pursuant to this act shall not be deemed to be, or held liable for, divulging confidential information.
d. Nothing in this act shall be construed to compel a child to submit to medical or health examination or supervision by the department.
L.2013, c.143,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-146 - Children's Sudden Cardiac Events Review Board.

26:2H-146 Children's Sudden Cardiac Events Review Board.
6. a. The commissioner shall establish the Children's Sudden Cardiac Events Review Board in the department.
(1) The purpose of the board shall be to review and evaluate the information reported to the department pursuant to this act, and to study any other data, which the board shall seek and as may be made available to it to supplement the reported information, with respect to children diagnosed with cardiac conditions or reported to have had a sudden cardiac event in this State.
(2) The board shall make note of such factors as the age, gender, and ethnicity of each child, and the location of each sudden cardiac event, in its review of any information received by the board.
(3) The board may share its findings with other recognized entities that collect nationwide data on sudden cardiac events, except that the board shall not disclose to any person or entity outside the department any information that could be used to identify a child.
b. The board shall consist of 11 members as follows:
(1) the commissioner and the Commissioners of Children and Families and Education, or their designees, who shall serve ex officio; and
(2) eight public members to be appointed by the commissioner as follows: one person who represents the American Heart Association; one person who represents the American Academy of Pediatrics, New Jersey Chapter; one person who represents the American College of Cardiology; one person who represents the New Jersey State School Nurses Association; one person who represents the New Jersey State Interscholastic Athletic Association; one person who represents the Hypertrophic Cardiomyopathy Association; one person who represents the Athletic Trainers' Society of New Jersey; and one person who represents the New Jersey Academy of Family Physicians.
c. The public members of the board shall serve for a term of three years, except that of the public members first appointed, four shall serve for a term of two years, and four shall serve for a term of three years. The public members shall serve without compensation but shall be eligible for reimbursement for the necessary and reasonable expenses incurred in the performance of their official duties, within the limits of funds appropriated or otherwise made available for this purpose. Vacancies in the membership of the board shall be filled in the same manner as the original appointments were made.
d. The public members shall select from among themselves an individual to serve as chairperson of the board, who shall be responsible for the coordination of all activities of the board and shall provide the technical assistance needed to execute the duties of the board.
e. The board shall be entitled to call to its assistance and avail itself of the services of employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for the purposes of carrying out its responsibilities.
L.2013, c.143,s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-147 - Rules, regulations.

26:2H-147 Rules, regulations.
7. The commissioner, 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.2013, c.143,s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-148 - Definitions relative to dementia care homes.

26:2H-148 Definitions relative to dementia care homes.
17. As used in sections 18 through 26 of P.L.2015, c.125 (C.26:2H-149 et seq.):
"Alzheimer's disease and related disorders" means a form of dementia characterized by a general loss of intellectual abilities of sufficient severity to interfere with social or occupational functioning.
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"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.
"Dementia care home" means a community residential facility which: (1) provides services to residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia; (2) is subject to the licensure authority of the Department of Health as a health care facility pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); (3) and meets the requirements of section 19 of P.L.2015, c.125 (C.26:2H-150).
L.2015, c.125, s.17.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-149 - DOH responsible for licensure, inspections, standards relative to dementia homes.

26:2H-149 DOH responsible for licensure, inspections, standards relative to dementia homes.
18. a. (1) Notwithstanding any law, rule, or regulation to the contrary, commencing on or after the effective date of P.L.2015, c.125 (C.55:13B-5.1 et al.) and subject to the provisions of subsection b. of this section, the Department of Health shall be responsible for licensure, inspections, and the establishment and enforcement of standards with respect to each community residential facility in the State that provides services to residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia, which shall be thereafter known as a dementia care home.
(2) The department shall be empowered to exercise such authority with respect to a dementia care home as the department is granted with respect to any other health care facility licensed by the department, pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) and any rules and regulations adopted pursuant thereto, and in accordance with the provisions of P.L.2015, c.125 (C.55:13B-5.1 et al.).
b. The department shall establish and enter into an inter-agency agreement with the Department of Community Affairs as necessary for the purposes of subsection a. of this section.
c. (1) Whenever any reference is made in any law, rule, regulation, order, contract, document, or judicial or administrative proceeding to rooming and boarding houses for residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia, the same shall be deemed to mean or refer to "dementia care homes."
(2) Whenever the term "Department of Community Affairs" appears or any reference is made thereto in any law, rule, regulation, order, contract, document, or judicial or administrative proceeding pertaining to rooming and boarding houses for residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia, the same shall be deemed to mean or refer to the "Department of Health."
d. A dementia care home that is operating as a rooming or boarding house that provides services to residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia, on the effective date of P.L.2015, c.125 (C.55:13B-5.1 et al.) shall be granted provisional licensure by the department for a period of one year following the effective date. At the end of that period, the department shall issue a license to the facility pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) or make continued licensure subject to such actions by the facility as the commissioner determines necessary to effectuate the purposes of P.L.1971, c.136 and P.L.2015, c.125 (C.55:13B-5.1 et al.).
L.2015, c.125, s.18.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-150 - Dementia care home.

26:2H-150 Dementia care home.
19. a. A dementia care home shall be a facility, whether in single or multiple dwellings, whether public or private, whether incorporated or unincorporated, whether for profit or nonprofit, operated at the direction of or under the management of an individual or individuals, corporation, partnership, society, or association, which furnishes food and shelter to four or more persons 18 years of age or older who are unrelated to the operator of the facility, and which provides dietary services, recreational activities, supervision of self-administration of medications, supervision of and assistance in activities of daily living and assistance in obtaining health services to any one or more of such persons, in addition to such facilities, services, activities, and assistance as the Commissioner of Health may prescribe by regulation that are designed to meet the specific needs of residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia. A dementia care home shall not include: a community residence for the developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2); a facility or living arrangement operated by, or under contract with, a State department or agency, upon the written authorization of the commissioner; or a privately operated establishment licensed pursuant to chapter 11 of Title 30 of the Revised Statutes.
b. A resident of a dementia care home shall be a person with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia, as prescribed by regulation of the commissioner, who is: 18 years of age or older; ambulant with or without assistive devices; certified by a licensed physician to be free from communicable disease and not in need of skilled nursing care; and, except in the case of a person 65 years of age or over, in need of dietary services, supervision of self-administration of medications, supervision of and assistance in activities of daily living, or assistance in obtaining health care services. A resident of a dementia care home shall not be given skilled nursing care while a resident, except that the provisions of this subsection shall not be construed to prevent: care of residents in emergencies or during temporary illness for a period of one week or less; or a licensed physician from ordering nursing or other health care services for the resident.
L.2015, c.125, s.19.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-151 - Licensure required for dementia care home; violations, civil penalty.

26:2H-151 Licensure required for dementia care home; violations, civil penalty.
20. a. (1) A person shall not operate a dementia care home, or offer, advertise, or hold out a facility as a dementia care home, hold out a building as available for occupancy by dementia care home residents, or apply for any necessary construction or planning approvals related to the establishment of a dementia care home, without a valid license having been issued by the department for the operation of that facility in accordance with the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.) and P.L.2015, c.125 (C.55:13B-5.1 et al.).
(2) A person shall not offer, advertise, or hold out a dementia care home as another type of health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
(3) A person found to be in violation of paragraph (1) or (2) of this subsection shall be liable for a civil penalty for each building so operated in accordance with the provisions of section 25 of P.L.2015, c.125 (C.26:2H-156).
b. Notwithstanding the provisions of any municipal ordinance to the contrary, a dementia care home shall meet such requirements as the commissioner shall establish by regulation for the posting of visible signs in its local community that identify the location of the facility.
L.2015, c.125, s.20.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-152 - Standards for dementia care homes.

26:2H-152 Standards for dementia care homes.
21. The commissioner shall establish standards to ensure that each dementia care home is constructed and operated in such a manner as will protect the health, safety, and welfare of its residents and at the same time preserve and promote a homelike atmosphere appropriate to these facilities, including, but not limited to, standards to provide for the following:
a. Safety from fire;
b. Safety from structural, mechanical, plumbing, and electrical deficiencies;
c. Adequate light and ventilation;
d. Physical security;
e. Protection from harassment, fraud, and eviction without due cause;
f. Clean and reasonably comfortable surroundings;
g. Adequate personal and financial services rendered in the facility;
h. Disclosure of owner identification information;
i. Maintenance of orderly and sufficient financial and occupancy records;
j. Referral of residents, by the operator, to social service and health care providers for needed services;
k. Assurance that no constitutional, civil, or legal right will be denied solely by reason of residence in a dementia care home;
l. Reasonable access for employees of public and private agencies, and reasonable access for other citizens upon receiving the consent of the resident to be visited by them;
m. Opportunity for each resident to live with as much independence, autonomy, and interaction with the surrounding community as the resident is capable of doing; and
n. Assurance that the needs of residents of a dementia care home will be met, which shall include, at a minimum, the following:
(1) staffing levels, which shall ensure that the ratio of direct care staff to residents in the facility is equal to or higher than that which existed on the date of enactment of P.L.2015, c.125 (C.55:13B-5.1 et al.);
(2) staff qualifications and training;
(3) special dietary needs of residents;
(4) special supervision requirements relating to the individual needs of residents;
(5) building safety requirements appropriate to the needs of residents, including the requirement to maintain the operation 24 hours a day, seven days a week, of window, door, and any other locks or security system designed to prevent the elopement of a resident;
(6) special health monitoring of residents by qualified, licensed health care professionals, including a requirement that a medical assessment by a physician be performed on a resident with special needs as described in this subsection, as determined necessary by the commissioner, prior to admission and on a quarterly basis thereafter, to ensure that the facility is appropriate to the needs of the resident; and
(7) criteria for discharging residents which shall be set forth in the admission agreement, which shall be provided to the resident or the resident's representative prior to or upon admission. The commissioner may revoke the license of any provider who violates the criteria for discharging residents.
L.2015, c.125, s.21.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-153 - Waiver of certain requirements for certain facilities.

26:2H-153 Waiver of certain requirements for certain facilities.
22. a. Notwithstanding the provisions of any other law or regulation to the contrary, the commissioner may grant, to a dementia care home that is operating as a rooming or boarding house that provides services to residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia, on the effective date of P.L.2015, c.125 (C.55:13B-5.1 et al.), a temporary or permanent waiver of one or more requirements established by regulation of the commissioner for health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that the commissioner has determined are otherwise applicable to the dementia care home, if the dementia care home can demonstrate to the satisfaction of the commissioner that:
(1) the granting of the waiver would not pose a threat to the health, safety, or welfare of its residents; and
(2) the failure to grant such a waiver would pose a serious financial hardship to the facility.
b. A dementia care home that is seeking a waiver pursuant to subsection a. of this section shall apply for the waiver on a form and in a manner prescribed by the commissioner.
L.2015, c.125, s.22.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-154 - Rights of dementia care home residents.

26:2H-154 Rights of dementia care home residents.
23. a. Every resident of a dementia care home facility shall have the right:
(1) To manage the resident's own financial affairs;
(2) To wear the resident's own clothing;
(3) To determine the resident's own dress, hair style, or other personal effects according to individual preference;
(4) To retain and use the resident's personal property in the resident's immediate living quarters, so as to maintain individuality and personal dignity, except where the facility can demonstrate that it would be unsafe, impractical to do so, or infringe upon the rights of others, and that mere convenience is not the facility's motive to restrict this right;
(5) To receive and send unopened correspondence;
(6) To unaccompanied access to a telephone at a reasonable hour and to a private phone at the resident's expense;
(7) To privacy;
(8) To retain the services of the resident's own personal physician at the resident's own expense or under a health care plan and to confidentiality and privacy concerning the resident's medical condition and treatment;
(9) To unrestricted communication, including personal visitation with any person of the resident's choice, at any reasonable hour;
(10) To make contacts with the community and to achieve the highest level of independence, autonomy, and interaction with the community of which the resident is capable;
(11) To present grievances on behalf of the resident or others to the operator, State governmental agencies, or other persons without threat of reprisal in any form or manner;
(12) To a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident;
(13) To refuse to perform services for the facility, except as contracted for by the resident and the operator;
(14) To practice the religion of the resident's choice, or to abstain from religious practice; and
(15) To not be deprived of any constitutional, civil, or legal right solely by reason of residence in a dementia care home.
b. The operator of a dementia care home shall ensure that a written notice of the rights set forth in subsection a. of this section is given to every resident upon admittance to the facility and to each resident upon request. The operator shall also post this notice in a conspicuous public place in the facility. This notice shall include the name, address, and telephone numbers of the Office of the Ombudsman for the Institutionalized Elderly, county welfare agency, and county office on aging.
c. A person or resident whose rights as set forth in subsection a. of this section are violated shall have a cause of action against any person committing the violation. The action may be brought in any court of competent jurisdiction to enforce those rights and to recover actual and punitive damages for their violation. A plaintiff who prevails in the action shall be entitled to recover reasonable attorney's fees and costs of the action.
L.2015, c.125, s.23.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-155 - Provision of health care services.

26:2H-155 Provision of health care services.
24. A person who operates a dementia care home on or after the effective date of P.L.2015, c.125 (C.55:13B-5.1 et al.) shall not provide health care services in that facility. Nothing in this section shall be construed to prohibit a licensed health care professional, who is acting within the scope of that person's license, from providing health care services to a resident of a dementia care home.
L.2015, c.125, s.24.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-156 - Violations, penalties.

26:2H-156 Violations, penalties.
25. A person or entity found to be in violation of the provisions of P.L.2015, c.125 (C.55:13B-5.1 et al.), or any rules or regulations adopted by the commissioner pursuant thereto with respect to the operation of a dementia care home, shall be subject to a penalty as provided for in section 13 or 14 of P.L.1971, c.136 (C.26:2H-13 or 26:2H-14).
L.2015, c.125, s.25.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-157 - Rules, regulations.

26:2H-157 Rules, regulations.
26. The commissioner and the Commissioner of Community Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt, notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioners deem necessary to effectuate the purposes of P.L.2015, c.125 (C.55:13B-5.1 et al.), which shall be effective for a period not to exceed 12 months following the effective date of P.L.2015, c.125. The regulations shall thereafter be amended, adopted, or readopted, in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.), as the commissioner or the Commissioner of Community Affairs determine necessary to effectuate the purposes of P.L.2015, c.125 (C.55:13B-5.1 et al.).
L.2015, c.125, s.26.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-158 - Findings, declarations relative to a newborn home nurse visitation program.

26:2H-158 Findings, declarations relative to a newborn home nurse visitation program.
1. The Legislature finds and declares that:
a. The weeks following birth are a critical period for the person who has given birth and the infant, setting the stage for long-term health and well-being;
b. During this period, the person who has given birth is adapting to multiple physical, social, and psychological changes, while simultaneously recovering from childbirth, adjusting to changing hormones, and learning to feed and care for a newborn;
c. Like prenatal care, the postpartum health care visit that typically occurs six weeks after childbirth is considered important to a new parent's health; however, for people who have given birth, the six-week postpartum visit punctuates a period devoid of formal or informal support for a parent who has recently given birth;
d. Additionally, according to the American College of Obstetricians and Gynecologists, as many as 40 percent of people who have given birth do not attend a postpartum visit in the United States;
e. During the time immediately following delivery, health care providers are uniquely qualified to enable a person who has given birth to access the clinical and social resources the person needs to successfully navigate the transition from pregnancy to parenthood;
f. Research also indicates that postpartum education and care lead to lower rates of morbidity and mortality in persons who have given birth, as many of the risk factors for post-delivery complications, such as hemorrhaging or a pulmonary embolism, may not be identifiable before a person who has given birth is discharged following the birth;
g. Such data demonstrate the wide ranging benefits to persons who have given birth, children, and families when a person who has given birth and the infant receive support from the medical community within days after delivering a child; and
h. It is, therefore, in the public interest for the Legislature to remove barriers regarding access to postpartum care and to establish the infrastructure for people who have given birth in New Jersey to receive one cost-free home nurse visit in which a registered nurse provides the necessary physical, social, and emotional support critical to recovery following childbirth.
L.2021, c.187, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-160 - Resource guide.

26:2H-160 Resource guide.
3. The Department of Children and Families, in consultation with the Department of Health, shall prepare a resource guide that provides information on the newborn home nurse visitation program established pursuant to section 2 of P.L.2021, c.187 (C.26:2H-159) and the services available to pregnant persons, persons who have recently given birth, and the parent or parents of a newborn infant born in this State. The resource guide shall be distributed at the time parents of a newborn infant are informed of the newborn home nurse visitation program and of their right to schedule a home nurse visit.
L.2021, c.187, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-161 - Collection, analysis of data.

26:2H-161 Collection, analysis of data.
4. a. The Department of Children and Families shall collect and analyze data about the newborn home nurse visitation program established pursuant to P.L.2021, c.187 (C.26:2H-158 et al.). The data shall be used to evaluate, measure, and improve the effectiveness of the program in achieving its purpose of supporting healthy child development and strengthening families.
b. The Department of Children and Families shall work with other State departments and agencies, health insurance carriers that offer health benefit plans in the State, hospitals and birthing facilities, local public health authorities, maternal child health consortia, early childhood home visitation programs, community-based organizations, and social service providers, to develop protocols concerning the timely sharing of data collected pursuant to subsection a. of this section, including the sharing of data with the primary care providers of parents participating in the newborn home nurse visitation program.
c. The Department of Children and Families may contract with a third-party vendor with expertise in the model utilized by the program to assist with the analysis and evaluation of data collected pursuant to this section. In the event of such a contract, the department shall facilitate the sharing of data with the third party, in accordance with State and federal law.
L.2021, c.187, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-162 - Rules, regulations.

26:2H-162 Rules, regulations.
15. a. The Departments of Banking and Insurance, Children and Families, and Human Services shall adopt rules and regulations as shall be necessary to implement the provisions of this act, which rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months and shall thereafter be adopted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
b. The Commissioner of Banking and Insurance, in consultation with the Commissioner of the Department of Children and Families, shall have the authority to permit carriers to use an in-network provider that meets the requirements of the program, or contract with a vendor or provider selected by the program, to provide home visitation.
L.2021, c.187, s.15.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-164 - Definitions.

26:2H-164 Definitions.
2. As used in this act:
"Carrier," "covered person," and "health benefits plan," shall have the same meaning as provided for those terms under section 2 of P.L.1997, c.192 (C.26:2S-2).
"Department" means the Department of Health.
"Federal acute Hospital Care at Home Program" or "federal program" means the program established by the federal Centers for Medicare and Medicaid Services under 42 U.S.C. Section 1320b-5 and extended by 42 U.S.C 1395cc-7, or any successor program established by an act of Congress or the federal Centers for Medicare and Medicaid Services.
"Hospital" means an acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"State program" means the hospital at home program established by the department pursuant to section 3 of this act.
L.2023, c.163, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-165 - Hospital at Home, hospital, permitted, acute care services, Department of Health.

26:2H-165 Hospital at Home, hospital, permitted, acute care services, Department of Health.
3. a. Notwithstanding any provision of law to the contrary, the department shall establish a State program to permit a hospital to provide acute care services to an individual outside of the hospital's licensed facility and within a private residence designated by the individual. The program shall be established in a manner that is consistent with the provisions of the federal Acute Hospital Care at Home Program and shall remain in effect for such time as the federal Acute Hospital Care at Home Program remains in effect.
b. Any hospital issued a waiver to operate, or otherwise approved to participate in, the federal Acute Hospital Care at Home Program shall be permitted to operate under the federal program to the extent permitted under the federal program for such time as the federal program remains in effect.
L.2023, c.163, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-166 - NJ FamilyCare, Medicaid, coverage, acute hospital care services, same basis as within hospital.

26:2H-166 NJ FamilyCare, Medicaid, coverage, acute hospital care services, same basis as within hospital.
4. The NJ FamilyCare and Medicaid programs, and any carrier that offers a health benefits plan in this State, shall provide coverage for acute hospital care services delivered to a covered person through the program established pursuant to section 3 of this act, on the same basis as when services are delivered within the facilities of a hospital. Reimbursement payments under this section shall be established pursuant to the contract between the carrier and the hospital and shall be provided to the hospital, facility, or organization providing the services or the individual practitioner who delivered the reimbursable services, or to the agency, facility, or organization that employs or contracts with the individual practitioner who delivered the reimbursable services, as appropriate. Carriers shall not utilize more stringent utilization management criteria than apply when those services are provided within the facilities of a hospital.
L.2023, c.163, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-167 - Acute care services, person outside hospital, private residence, carrier credentialed.

26:2H-167 Acute care services, person outside hospital, private residence, carrier credentialed.
5. Licensed health care providers providing acute care services to a covered person outside the hospital's licensed space and within a private residence designated by the covered person shall be credentialed by a carrier as a condition of the services being deemed to be network services.
L.2023, c.163, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-168 - Commissioner, Human Services, State plan amendments, waivers, implementation.

26:2H-168 Commissioner, Human Services, State plan amendments, waivers, implementation.
6. The Commissioner of Human Services shall apply for any State plan amendments or waivers as may be necessary to implement the provisions of this act and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.
L.2023, c.163, s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-169 - Rules, regulations, Commissioners, Health, Human Services.

26:2H-169 Rules, regulations, Commissioners, Health, Human Services.
7. The Commissioners of Health and Human Services shall jointly or separately adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), if necessary to effectuate the provisions of this act. The Commissioners of Health and Human Services shall jointly or separately waive any rules or regulations if necessary to implement the provisions of this act.
L.2023, c.163, s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2I-1 - Declaration of serious public emergency relative to health care facilities

26:2I-1. Declaration of serious public emergency relative to health care facilities
1. It is hereby declared that a serious public emergency exists affecting the health, safety and welfare of the people of the State resulting from the fact that many health care facilities throughout the State are no longer adequate to meet the needs of modern health care. Inadequate and outmoded facilities deny to the people of the State the benefits of health care of the highest quality, efficiently and promptly provided at a reasonable cost. As a result, health care providers are restructuring their organizations, facilities and operations in order to develop integrated health care delivery systems capable of providing a full range of health care services in the most cost-effective manner.
It is the purpose of this act to ensure that all health care institutions have access to financial resources to improve the health and welfare of the citizens of the State. It is hereby declared to be the policy of the State to encourage the provision of modern, well-equipped health care facilities, and such provision is hereby declared to be a public use and purpose.
It is also the purpose of this act to provide assistance in the restructuring of the health care system of the State and to aid in the termination of the provision of hospital acute care services at such locations as may no longer be useful or necessary for this purpose.
L.1972,c.29,s.1; amended 1997, c.435, s.2; 2000, c.98, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2I-5.1 - Authority financing not required.

26:2I-5.1 Authority financing not required.
21. The provisions of P.L.1972, c.29 (C.26:2I-1 et seq.) shall not be construed to require a health care organization as defined in section 3 of P.L.1972, c.29 (C.26:2I-3) which is seeking to finance a project, to obtain financing from the New Jersey Health Care Facilities Financing Authority.
L.1997,c.435,s.21.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2I-5.2 - HCFFA, EDA powers relative to for profit projects.

26:2I-5.2 HCFFA, EDA powers relative to for profit projects.
22. Notwithstanding the provisions of P.L.1972, c.29 (C.26:2I-1 et seq.) to the contrary, nothing in that act shall be construed to provide the New Jersey Health Care Facilities Financing Authority with greater authority to finance a project undertaken by a for-profit health care organization than the New Jersey Economic Development Authority has under P.L.1974, c.80 (C.34:1B-1 et seq.).
L.1997,c.435,s.22.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2I-5.3 - Prevailing wage rate for workers employed on projects with New Jersey Health Care Facilities Financing Authority involvement.

26:2I-5.3 Prevailing wage rate for workers employed on projects with New Jersey Health Care Facilities Financing Authority involvement.
9. Each worker employed in the construction or rehabilitation of facilities undertaken in connection with loans, loan guarantees, expenditures, investments, tax exemptions or other incentives or financial assistance approved, provided, authorized, facilitated or administered by the New Jersey Health Care Facilities Financing Authority, or undertaken to fulfill any condition of receiving any of the incentives or financial assistance, shall be paid not less than the prevailing wage rate for the worker's craft or trade, as determined by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.).
The Commissioner of Labor and Workforce Development shall determine the prevailing wage rate in the locality in which the construction or rehabilitation is to be performed for each craft, trade or classification of worker employed in the construction or rehabilitation, as if the construction or rehabilitation is "public work" as defined in section 2 of P.L.1963, c.150 (C.34:11-56.26).
L.2004,c.127,s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2I-5.4 - Exercise of rights, powers or duties.

26:2I-5.4 Exercise of rights, powers or duties.
10. For the purpose of implementing the provisions of sections 9 through 11 of this act, the Commissioner of Labor and Workforce Development shall, and a worker employed in the performance of work subject to this act or the employer or any designated representative of the worker may, exercise all rights, powers or duties granted or imposed upon them by P.L.1963, c.150 (C.34:11-56.25 et seq.).
L.2004,c.127,s.10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2I-5.5 - Prevailing wage rules, regulations, adoption by New Jersey Health Care Financing Authority.

26:2I-5.5 Prevailing wage rules, regulations, adoption by New Jersey Health Care Financing Authority.
11. The New Jersey Health Care Facilities Financing Authority shall, in consultation with the Commissioner of Labor and Workforce Development, adopt rules and regulations, consistent with the rules and regulations adopted by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.), requiring that not less than the prevailing wage be paid to workers employed in the construction or rehabilitation of facilities undertaken in connection with loans, loan guarantees, expenditures, investments, incentives or other financial assistance provided, authorized or administered by the authority. The prevailing wage rate shall be the rate determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.).
L.2004,c.127,s.11.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2I-5.6 - Inapplicability of C.26:2I-5.3 through C.26:2I-5.5.

26:2I-5.6 Inapplicability of C.26:2I-5.3 through C.26:2I-5.5.
12. The provisions of sections 9 through 11 of this act shall not apply to construction and rehabilitation of facilities conducted entirely under contracts entered into prior to the effective date of this act or to the refinancing of the outstanding debt on projects in which all construction or rehabilitation of facilities was conducted under contracts entered into prior to the effective date of this act.
L.2004,c.127,s.12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2I-7.1 - Payments, contracts to implement payment, for hospital asset transformation program

26:2I-7.1. Payments, contracts to implement payment, for hospital asset transformation program
6. a. In each fiscal year, the State Treasurer shall pay from the General Fund to the authority, in accordance with a contract between the State Treasurer and the authority as provided in subsection b. of this section, an amount equivalent to the amount due to be paid in that fiscal year for the debt service on the bonds or refunding bonds issued by the authority pursuant to subsection g. of section 7 of P.L.1972, c.29 (C.26:2I-7) and any additional costs as authorized pursuant thereto, including any agreement securing or providing for the payment of the bonds or refunding bonds.
b. The State Treasurer and the authority are authorized to enter into one or more contracts to implement the payment arrangement provided for in subsection a. of this section. The contract shall provide for payment by the State Treasurer of the amounts required to be paid pursuant to subsection a. of this section and shall set forth the procedure for the transfer of monies for the purpose of making that payment. The contract shall contain such terms as are determined by the State Treasurer and the authority and shall include, but not be limited to, terms and conditions necessary and desirable to secure any bonds or refunding bonds issued by the authority pursuant to subsection g. of section 7 of P.L.1972, c.29 (C.26:2I-7); except that, notwithstanding any provision of any law, rule or regulation to the contrary, the State Treasurer shall pay the authority only such amounts as shall be determined by the contract and the incurrence of any obligation of the State under the contract, including any payment to be made from the General Fund pursuant thereto, shall be subject to and dependent upon appropriations made by the Legislature for the purposes of this section.
L.2000,c.98,s.6.