reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.76 - Health Care Stabilization Fund.

26:2H-18.76 Health Care Stabilization Fund.
3. a. The Health Care Stabilization Fund is established as a nonlapsing, revolving fund in the Department of Health. The fund shall be administered by the Department of Health in consultation with the Department of the Treasury. The fund shall be comprised of revenues as are appropriated by the Legislature from time to time, along with any interest earned on monies in the fund.
b. Monies from the fund shall be disbursed solely as grants to qualifying licensed health care facilities pursuant to eligibility criteria, and subject to conditions, prescribed by the Commissioner of Health in accordance with the requirements of this act.
L.2008, c.33, s.3; amended 2012, c.17, s.236.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.77 - Awarding of grant to health care facility; factors considered.

26:2H-18.77 Awarding of grant to health care facility; factors considered.
4. The Commissioner of Health, in consultation with the State Treasurer and the New Jersey Health Care Facilities Financing Authority, may award a grant to a hospital or other licensed health care facility from the fund if the commissioner determines that, due to extraordinary circumstances, the grant is necessary to maintain access to essential health care services or referral sources, as appropriate. In determining whether to award a grant to a licensed health care facility, the commissioner shall consider whether, at a minimum, the following factors are present:
a. Extraordinary circumstances threaten access to essential health services for residents in a community;
b. Persons in a community will be without ready access to essential health care services in the absence of the award of a grant from the fund;
c. Funding is unavailable from other sources to preserve or provide essential health care services;
d. A grant from the fund is likely to stabilize access to the essential health care services;
e. There is a reasonable likelihood that the essential health care services will be sustainable upon the termination of the grant;
f. The proposed recipient of the grant agrees to conditions established by the commissioner for receipt of a grant; and
g. The hospital or other licensed health care facility serves a significant number of uninsured and underinsured persons.
L.2008, c.33, s.4; amended 2012, c.17, s.237.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.80 - Report to Governor, Legislature.

26:2H-18.80 Report to Governor, Legislature.
2. No later than August 1st of each year, the commissioner shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the vaccination percentage rates of health care workers for the prior influenza season.
L.2019, c.330, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-18.81 - Rules, regulations.

26:2H-18.81 Rules, regulations.
3. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as necessary to implement the provisions of this act.
L.2019, c.330, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-19 - Transfer of certain powers, functions and duties of state board of control, commissioner and department of institutions and agencies and its hospital licensing board

26:2H-19. Transfer of certain powers, functions and duties of state board of control, commissioner and department of institutions and agencies and its hospital licensing board
All of the functions, powers and duties of the State Board of Control, the Commissioner of Institutions and Agencies and the Department of Institutions and Agencies and its Hospital Licensing Board related to administration of law governing and concerning residential health care facilities, private mental hospitals, convalescent homes, private nursing homes and private hospitals, and relating to the planning, construction and licensing of health care facilities as defined in this act and the power to receive, allocate, expend, and authorize the expenditure of Federal moneys available for health care facility construction and renovation are hereby transferred and assigned to, assumed by and devolved upon the State Department of Health. To effectuate such transfer there shall also be transferred such officers and employees as are necessary, all appropriations or reappropriations, to the extent of remaining unexpended or unencumbered balances thereof, whether allocated or unallocated and whether obligated or unobligated, and all necessary books, papers, records and property. All rules, regulations, acts, determinations and decisions in force at the time of such transfer and proceedings or other such matters undertaken or commenced by or before the Department of Institutions and Agencies or the Hospital Licensing Board pertaining to the planning, construction, licensing and operation of such health care facilities, and the administration of Federal moneys for health care facility construction, and renovation pending at the time of such transfer, shall continue in force and effect until duly modified, abrogated or completed by the Department of Health.
L.1971, c. 136, s. 19. Amended by L.1979, c. 496, s. 22.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-20 - Transfer of certain employees of bureau of community institutions

26:2H-20. Transfer of certain employees of bureau of community institutions
Employees of the present Bureau of Community Institutions in the Department of Institutions and Agencies responsible for administration of laws governing and concerning residential health care facilities, private mental hospitals, convalescent homes, private nursing homes and private hospitals are hereby transferred to the State Department of Health. Persons so transferred shall be assigned such duties as the State Commissioner of Health shall determine.
L.1971, c. 136, s. 20. Amended by L.1979, c. 496, s. 23.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-21 - Transfer of certain functions of department of institutions and agencies and certain personnel of bureau of medical facilities construction and planning

26:2H-21. Transfer of certain functions of department of institutions and agencies and certain personnel of bureau of medical facilities construction and planning
All functions, powers, duties, records, and property of the Department of Institutions and Agencies, and personnel of the Bureau of Medical Facilities Construction and Planning relating to receipt of money from the Federal Government for the purpose of making payments for construction of hospitals, including public health centers and related facilities within the State, and for an inventory and survey in connection therewith under or pursuant to any Federal law providing for the payment of such moneys as established and authorized by the provisions of c. 83, P.L.1947 (C. 30:1-19 et seq.), are hereby transferred to the State Department of Health.
L.1971, c. 136, s. 21.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-22 - Abolition of hospital licensing board; transfer of powers, functions and duties to health care administration board

26:2H-22. Abolition of hospital licensing board; transfer of powers, functions and duties to health care administration board
The Hospital Licensing Board created pursuant to P.L.1947, c. 340, s. 7 (C. 30:11-6) is hereby abolished. Upon the establishment of the Health Care Administration Board, all the functions, powers and duties of the Hospital Licensing Board, transferred to and vested in the Department of Health pursuant to section 19 of this act, shall be assumed by and developed upon the Department of Health, to be exercised by the said Health Care Administration Board. Pending the appointment of members, establishment and convening of said Health Care Administration Board, all the functions, powers and duties thereof shall be exercised by the department.
L.1971, c. 136, s. 22.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-23 - Reference to state board of control, or department or commissioner of institutions and agencies deemed reference to department or commissioner of health

26:2H-23. Reference to state board of control, or department or commissioner of institutions and agencies deemed reference to department or commissioner of health
With respect to the functions, powers and duties of the State Board of Control, the Commissioner of Institutions and Agencies and the Department of Institutions and Agencies, which are herein transferred and vested in the Department of Health, whenever in any law, rule, regulation, contract, document or otherwise, reference is made to the State Board of Control or the Department of Institutions and Agencies the same shall be deemed to mean and refer to the Department of Health, and reference to the Commissioner of Institutions and Agencies in connection therewith shall be deemed to mean and refer to the Commissioner of Health.
L.1971, c. 136, s. 23.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-24 - Partial invalidity

26:2H-24. Partial invalidity
If any clause, sentence, paragraph, subsection or section of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subsection or section thereof directly involved in the controversy in which this judgment shall have been rendered.
L.1971, c. 136, s. 24.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-25 - Effect of act on rights under civil service, pension law or retirement system

26:2H-25. Effect of act on rights under civil service, pension law or retirement system
Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system.
L.1971, c. 136, s. 27.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-27 - Transfer of powers, functions and duties of state board of control of department of institutions and agencies pursuant to nursing home administrator's licensing to department of health

26:2H-27. Transfer of powers, functions and duties of state board of control of department of institutions and agencies pursuant to nursing home administrator's licensing to department of health
All of the powers, functions and duties heretofore exercised by the State Board of Control of the Department of Institutions and Agencies pursuant to P.L.1968, c. 356 (C. 30:11-11 et seq.), and all amendments thereto, are hereby transferred to and vested in the State Department of Health.
L.1972, c. 109, s. 1, eff. July 27, 1972.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-28 - Transfer of nursing home administrator's licensing board to state department of health

26:2H-28. Transfer of nursing home administrator's licensing board to state department of health
The Nursing Home Administrator's Licensing Board established by P.L.1968, c. 356 (C. 30:11-11 et seq.), and all amendments thereto, together with all of its powers, functions and duties incident thereto, is hereby transferred to and vested in the State Department of Health.
L.1972, c. 109, s. 2, eff. July 27, 1972.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-29 - Nursing home or convalescent home defined

26:2H-29. Nursing home or convalescent home defined
As used in this act "nursing home" or "convalescent home" means a health care facility licensed by the Department of Health to provide professional nursing care on a daily basis and includes intermediate care facilities.
L.1975, c. 397, s. 1, eff. March 5, 1976.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-30 - Patient or resident; charges for drugs

26:2H-30. Patient or resident; charges for drugs
No nursing home or convalescent home may charge a patient or resident for drugs more than the cost thereof to the home plus an amount not in excess of 5% to reimburse the home for the administrative costs of purchasing and dispensing such drugs.
L.1975, c. 397, s. 2, eff. March 5, 1976.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-31 - Violations; penalty; collection

26:2H-31. Violations; penalty; collection
Any person who violates the provisions of this act shall be liable for a penalty of $100.00 to be collected by a summary proceeding instituted by the Attorney General at the request of the Commissioner of Health pursuant to the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.).
L.1975, c. 397, s. 3, eff. March 5, 1976.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-32 - Definitions.

26:2H-32 Definitions.
1. The following words or phrases, as used in P.L.1977, c.237 (C.26:2H-32 et seq.), shall have the following meanings, unless the context otherwise requires:
a. "Nursing home" means a facility providing therein nursing care to persons who are sick, invalid, convalescing, or who have disabilities, in addition to providing lodging and board or health-related service, or any combination of the foregoing and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility.
b. "Affiliate" means (1) with respect to a partnership, each partner thereof; (2) with respect to a corporation, each officer, director, principal stockholder, or controlling person thereof; (3) with respect to a natural person, (a) each member of said person's immediate family, (b) each partnership and each partner thereof of which said person or any affiliate of said person is a partner, and (c) each corporation in which said person or any affiliate of said person is an officer, director, principal stockholder, or controlling person.
c. "Controlling person" of any corporation, partnership, or other entity means any person who has the ability, directly or indirectly, to direct or cause the direction of the management or policies of said corporation, partnership, or other entity.
d. "Immediate family" of any person includes each parent, child, spouse, brother, sister, first cousin, aunt and uncle of such person, whether such relationship arises by birth, marriage or adoption, as well as the person's domestic partner or partner in civil union of that person as defined in section 3 of P.L.2003, c.246 (C.26:8A-3) or section 2 of P.L.2006, c.103, (C.37:1-29) and the partner's parent and adult child.
e. "Principal stockholder" of a corporation means any person who beneficially owns, holds or has the power to vote, 10% or more of any class of securities issued by said corporation.
L.1977, c.237, s.1; amended 2003, c.246, s.27; 2017, c.131, s.97.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-34 - Verification of report

26:2H-34. Verification of report
Every report required to be filed by a nursing home pursuant to this act shall contain a written statement, sworn to by or on behalf of such nursing home and the operator of such nursing home to the effect that the report is true and complete and prepared in accordance with the provisions of this act.
L.1977, c. 237, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-35 - Violations; penalty; recovery

26:2H-35. Violations; penalty; recovery
4. Any person, firm, association, partnership or corporation who fails to file a statement as required by this act or willfully files a false statement shall be liable to a penalty of not less than $10.00 nor more than $100.00 for each day that such failure continues or such false statement remains uncorrected. The penalties prescribed and authorized by this act shall be recovered in a summary civil proceeding brought in the name of the State in the Superior Court pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).
L.1977,c.237,s.4; amended 1991,c.91,s.288.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-35.1 - Report of comparative evaluative profiles of nursing homes; compilation and periodical update; furnishing to public

26:2H-35.1. Report of comparative evaluative profiles of nursing homes; compilation and periodical update; furnishing to public
The State Commissioner of Health shall compile and periodically update a report which compares evaluative profiles of all nursing homes in this State. The report shall compare nursing homes on the basis of size, staff to patient ratio, the number of actions initiated by State agencies based upon verified complaints about the quality of patient care and conditions in each home, the number and types of violations charged against each home and shall contain such other information as the commissioner deems pertinent. The commissioner shall periodically publicize the existence of the report and shall supply a copy of the report, free of charge, to any member of the public who requests it.
L. 1986, c. 164, s. 1, eff. Dec. 2, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-35.2 - Existence of life threatening condition at nursing home; public notice

26:2H-35.2. Existence of life threatening condition at nursing home; public notice
Whenever the Department of Health determines that a life threatening condition exists at any nursing home in this State, the commissioner may as soon as is reasonably possible issue a public notice describing the details of the condition in such a manner as to make members of the public generally aware of the matter. The commissioner may postpone issuing the public notice until such time as the notice would not jeopardize an ongoing investigation of the nursing home.
L. 1986, c. 164, s. 2, eff. Dec. 2, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-36 - Legislative findings

26:2H-36. Legislative findings
The Legislature finds:
a. Many senior citizens in the State are residing in boarding homes or nursing homes. Their life, safety, health and welfare is largely dependent upon the conditions and care provided in these homes;
b. Some homes are providing inadequate medical and nursing care, inadequate living conditions, and are in substantial or habitual violation of Federal or State laws or regulations concerning health, safety or resident care;
c. It is necessary in order to protect the public welfare and the residents of the homes that a summary statutory procedure be established to eliminate substantial or habitual deficiencies in resident care or living conditions or violations of Federal or State laws or regulations in these homes.
L.1977, c. 238, s. 1, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-37 - Definitions.

26:2H-37 Definitions.
2. As used in this act, and unless the context otherwise requires:
a. "Boarding or nursing home" or "home" means: a private nursing home or convalescent home regulated under chapter 11 of Title 30 of the Revised Statutes; a facility or institution, private or public, regulated and licensed as an extended care facility, skilled nursing home, nursing home, or intermediate care facility pursuant to P.L.1971, c.136 (C.26:2H-1 to 26:2H-26); a residential health care facility, as defined in section 1 of P.L.1953, c.212 (C.30:11A-1) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 to 26:2H-26); or a dementia care home as defined in section 17 of P.L.2015, c.125 (C.26:2H-148).
b. "Owner" means the holder or holders of the title in fee simple to the property on which the home is located.
c. "Licensee" means the holder or holders of a license to operate a boarding or nursing home pursuant to chapter 11 of Title 30 of the Revised Statutes, P.L.1953, c.212 (C.30:11A-1 to 30:11A-14) or P.L.1971, c.136 (C.26:2H-1 to 26:2H-26).
d. "Department" means the State Department of Health.
L.1977, c.238, s.2; amended 1979, c.496, s.24; 2015, c.125, s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-38 - Remedy of condition of home in substantial violation of standards of health, safety or resident care; action to appoint receiver; parties

26:2H-38. Remedy of condition of home in substantial violation of standards of health, safety or resident care; action to appoint receiver; parties
A proceeding by the State Department of Health, or any other State governmental agency having an interest in the matter, a resident or residents or the guardian of a resident of a boarding or nursing home for a judgment directing the appointment of a receiver for the purposes of remedying a condition or conditions of a home in substantial violation of the standards of health, safety or resident care established under Federal or State law or regulations or of remedying a pattern and practice of habitual violations of the standards of health, safety or resident care established under Federal or State law or regulations may be maintained in a court of competent jurisdiction. If the action is not brought by the department, a copy of the complaint shall be served upon it.
L.1977, c. 238, s. 3, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-39 - Complaint; contents

26:2H-39. Complaint; contents
The complaint shall:
a. (1) Set forth material facts showing that there exists in the boarding or nursing home a condition or conditions in substantial violation of the standards of health, safety or resident care established under Federal or State law or regulations or any other conditions dangerous to life, health or safety or (2) that there exists in the boarding or nursing home a pattern and practice of habitual violation of the standards of health, safety or patient care established under Federal or State law or regulations.
b. Set forth that the facts set forth in subsection a. of this section have been brought to the attention of the owner and licensee of the home and that the condition or conditions have not been remedied within a reasonable period of time or that the condition or conditions although periodically remedied habitually exists in the home as pattern and practice.
c. Set forth a brief description of what is necessary to remedy the condition and an estimate of the cost thereof.
d. State the relief sought.
L.1977, c. 238, s. 4, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-40 - Defenses

26:2H-40. Defenses
It shall be a sufficient defense to the proceeding if the owner or licensee establishes that the condition or conditions alleged in the complaint do not in fact exist or that such condition or conditions have been removed or remedied or that such condition or conditions, although periodically remedied, have not habitually existed as pattern and practice.
L.1977, c. 238, s. 5, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-41 - Nursing home violations

26:2H-41. Nursing home violations
The court shall proceed in a summary manner and shall render a judgment either:
a. Dismissing the complaint for failure to affirmatively establish the allegations thereof or because of the affirmative establishment by the owner or licensee of a defense specified in this act; or
b. Ordering the appointment of a receiver approved by the department in accordance with the provisions of this act; or
c. Granting such other and further relief as the court deems just and proper. Upon the request of the department, if a receiver has been appointed the relief may include a requirement that the owner transfer his ownership interest to an entity approved by the department.
L. 1977, c. 238, s. 6, eff. Sept. 29, 1977. Amended by L. 1986, c. 132, s. 1, eff. Oct. 20, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-42 - Receivership authorized

26:2H-42. Receivership authorized
a. The court is authorized and empowered to appoint as a receiver any responsible person or persons approved by the department, except that no owner, licensee or administrator of the home shall be appointed as receiver.
b. The receiver, in his discretion, may either (1) assume the role of administrator or manager and take control of all day-to-day operations, or (2) direct the administrator or manager on actions and procedure to be taken to eliminate or rectify the conditions specified in the complaint.
c. With the approval of the court the receiver shall have any or all of the following powers:
(1) To hire any consultants or to undertake any studies of the home he deems appropriate.
(2) To make any repairs, improvements or expenditures to eliminate the conditions specified in the complaint and to direct the method or procedures by which this shall be accomplished.
(3) To hire or discharge any employees including the administrator or manager.
(4) To receive or expend in a reasonable and prudent manner the revenues of the home due on the date of the entry of such judgment and to become due under such judgment.
(5) To continue the business of the home and the care of the residents of the home in all its aspects.
(6) To do all acts necessary or appropriate to conserve the property and promote the health, safety or resident care of the residents in the home.
(7) To exercise such other powers as he deems necessary or appropriate to implement the court order.
d. No provision in this section shall limit the right of any owner upon the approval of the department to sell or mortgage any home subject to receivership under this act.
L. 1977, c. 238, s. 7, eff. Sept. 29, 1977. Amended by L. 1986, c. 132, s. 2, eff. Oct. 20, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-42.1 - Identification of nursing homes in financial distress, risk of bankruptcy.

26:2H-42.1 Identification of nursing homes in financial distress, risk of bankruptcy.
5. The Department of Health shall as necessary, with assistance from the Department of Human Services, identify nursing homes that may be in acute financial distress or at risk of filing for bankruptcy protection by requiring each nursing home to report, within five business days, any default in the punctual payment when due of any: debt service payment where the debt is secured by real estate or assets of the nursing home; rent payment; payroll; or payroll tax obligation. The department may, as appropriate:
a. provide, at the nursing home's expense, or direct such nursing home to management support services and resources, as well as any other supports as may be necessary and appropriate to avoid bankruptcy proceedings or cessation of operations;
b. if the nursing homes does not take sufficient and timely action to avoid an impending bankruptcy or closure, and if the department finds the bankruptcy or closure would have a significant adverse effect on the health, safety, and welfare of the residents of the nursing home or would leave the area in which the nursing home is located lacking sufficient nursing home services after assessing the need for and availability of other nursing home services in the area, initiate proceedings in a court of competent jurisdiction for the appointment of a receiver for the nursing home, which receiver shall have the powers and authorities conferred by the order of receivership, which may include, but shall not be limited to, the authority to:
(1) hire any consultants or to undertake any studies of the nursing home the receiver deems appropriate;
(2) make any repairs or improvements as are necessary to ensure the safety of nursing home residents and staff;
(3) hire or discharge any employees, including the administrator or manager of the nursing home;
(4) receive or expend in a reasonable and prudent manner the revenues of the nursing home due on the date of the entry of the order of receivership and to become due under such order;
(5) continue the business of the nursing home and the care of the residents of the nursing home in all its aspects;
(6) do all acts necessary or appropriate to conserve the property and promote the health, safety, and welfare of the residents of the nursing home; and
(7) exercise such other powers as the receiver deems necessary or appropriate to implement the court order; and
c. Take such other steps and actions as may be available to ensure continuity of care for, and the safety of, residents of the nursing home.
L.2021, c.95, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-43 - Order to remove or remedy conditions in lieu of judgment; bond; failure to comply; hearing; judgment

26:2H-43. Order to remove or remedy conditions in lieu of judgment; bond; failure to comply; hearing; judgment
a. If, after a trial, the court shall determine that the evidence warrants the granting of the relief sought and if the owner or licensee of the home shall apply to the court to be permitted to remove or remedy the conditions specified in the complaint and shall demonstrate the ability to promptly undertake and complete the work required, then the court, in lieu of rendering judgment as provided in this act, may issue an order permitting such person to perform the work in accordance with a time schedule and subject to such conditions, including the posting of a bond as security for the performance of the work, as may be fixed by the court.
b. If, after the issuance of an order pursuant to subsection a. of this section, it shall appear that the person permitted to do the same is not proceeding in accordance with the time schedule or in accordance with the conditions imposed by the court, the plaintiff may apply to the court on notice to those persons who have appeared in the proceeding for a hearing to determine whether judgment should be rendered immediately as provided in subsection c. of this section.
c. If, upon a hearing authorized in subsection b. hereof, the court shall determine the owner or licensee is not proceeding in accordance with the time schedule or with the conditions imposed by the court, the court shall issue a final judgment appointing a receiver as authorized in the act. If the person has posted a bond to secure completion of the work, the security or such part of the security as is necessary may be used by the receiver to remedy the conditions.
L.1977, c. 238, s. 8, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-44 - Reports and accounts of receiver; filing; inspection; presentation or settlement of accounts

26:2H-44. Reports and accounts of receiver; filing; inspection; presentation or settlement of accounts
The court shall require the filing, at periodic intervals, of reports of action taken by the receiver and of accounts itemizing the revenues and expenditures. The reports shall be open to inspection to all parties to the case. Upon motion of the court or the receiver or of the owner, or licensee, the court may require a presentation or settlement of the accounts. Notice of a motion for presentation or settlement of such accounts shall be served on the owner, licensee and any party of record who appeared in the proceeding and any party in interest in such revenues and expenditures.
L.1977, c. 238, s. 9, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-45 - Termination of receivership

26:2H-45. Termination of receivership
The receiver, owner or licensee may make a motion to terminate the receivership on grounds that the conditions complained of have been eliminated or remedied. The court may immediately terminate the receivership, or terminate the receivership subject to such terms as the court feels necessary or appropriate to prevent the condition or conditions complained of from recurring.
L.1977, c. 238, s. 10, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-46 - Receiver; compensation; bond

26:2H-46. Receiver; compensation; bond
The court shall allow from the revenues of the home a reasonable amount of compensation for the expenditures and services of a receiver appointed under the provisions of this act. The receiver so appointed may be required to furnish a bond, the amount and form of which shall be approved by the court. The cost of such bond shall be paid for by the home.
L.1977, c. 238, s. 11, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-46.1 - Increase in penalties for deficiencies outlined in federal Centers for Medicare and Medicaid Services guidance.

26:2H-46.1 Increase in penalties for deficiencies outlined in federal Centers for Medicare and Medicaid Services guidance.
1. A nursing home, as defined under section 1 of P.L.1975, c.397 (C.26:2H-29), cited for the same or a substantially similar F-level deficiency or higher, as outlined in federal Centers for Medicare and Medicaid Services guidance, at any point over a three-year period during any standard or special survey conducted pursuant to 42 U.S.C. s.488.308 or any other inspection conducted by the Department of Health, or any third-party contractor or instrumentality thereof, pursuant to State or federal law or regulation, including in response to a complaint, shall be subject to a penalty that shall be more severe than the penalty imposed for the previous violation. The department may impose additional penalties, sanctions, or corrective measures pursuant to regulation when such deficiencies or violations involve noncompliance with infection control requirements or result in severe adverse health consequences for a resident or staff member of the nursing home. This section shall not be construed to diminish any authority of the Department of Health or any other department that exists pursuant to any other law, rule, or regulation.
L.2021, c.457, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-46.2 - Enforcement of department rules, requirements; request, consolidate data regarding nursing homes reported to other State, federal authorities.

26:2H-46.2 Enforcement of department rules, requirements; request, consolidate data regarding nursing homes reported to other State, federal authorities.
2. To facilitate enforcement of department rules and requirements concerning nursing home operations, the department shall request and consolidate data concerning nursing homes reported to other State and federal authorities, including the federal Centers for Medicare and Medicaid Services, the Department of Human Services, Medicaid managed care organizations, and the Long-Term Care Ombudsman, in order to identify nursing homes with consistent or repeated performance issues, ongoing compliance issues, or high numbers of substantiated complaints. The department shall make the consolidated data collected under this subsection available upon request to other State and federal entities having jurisdiction over nursing homes in the State.
L.2021, c.457, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-46.4 - Regulations adopted; authorization.

26:2H-46.4 Regulations adopted; authorization.
4. The department may adopt any regulations necessary to effectuate the purposes of this act on an expedited basis, which regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2021, c.457, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-47 - Skilled or intermediate care nursing facility; assistance to residents in application for financial assistance

26:2H-47. Skilled or intermediate care nursing facility; assistance to residents in application for financial assistance
Every skilled or intermediate care nursing facility in this State shall assist its residents in applying to establish eligibility for medical assistance or other payment mechanisms when their self-pay, private insurance, or medicare capability in respect of payment for nursing home facility care, may become sufficiently depleted to necessitate discharge.
L.1977, c. 387, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-47.1 - Notification of fund exhaustion

26:2H-47.1. Notification of fund exhaustion
In order to facilitate the provision of assistance to certain residents by skilled or intermediate care nursing facilities in obtaining medical assistance or other payment mechanisms for nursing home facility care pursuant to sections 1 and 2 of P.L. 1977, c. 387 (C. 26:2H-47 and 26:2H-48), the fiduciary of any resident, 65 years of age or older, for whom the fiduciary expends funds for the nursing home facility care of the resident shall, at least 90 days before those funds are exhausted, notify in writing the resident, the nursing facility to whom the funds are paid, the resident's next of kin and any other person or agency interested in the resident's welfare, of the impending exhaustion of those funds.
L. 1985, c. 18, s. 1, eff. Jan. 25, 1985.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-48 - Assessment of availability of financial assistance

26:2H-48. Assessment of availability of financial assistance
To facilitate the offering of such assistance, each such facility shall make an assessment of the extensiveness of the self-pay, private insurance, or medicare capability of each resident no later than 1 week after admission to the facility and on a periodic basis thereafter, provided, however, that no such assessment is made against a resident's will.
L.1977, c. 387, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-49 - Assistance to residents to obtain medically necessary post-discharge care

26:2H-49. Assistance to residents to obtain medically necessary post-discharge care
Each such facility shall also assist its residents in obtaining medically necessary post-discharge care, which shall include, but need not be limited to: home health and health-related services; medical day care services; or residential care services in another nursing facility or other similar licensed facility located in the vicinity of the facility from which discharge is made.
L.1977, c. 387, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-50 - Duties of state department of health

26:2H-50. Duties of state department of health
The State Department of Health shall monitor the implementation of the provisions of this act and shall, in consultation with the Department of Institutions and Agencies, assist skilled or intermediate care nursing facilities to identify sources of payment and care for residents by maintaining a current inventory of such resources available in the State.
L.1977, c. 387, s. 4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-51 - Inapplicability of act to facility operated by and for those who rely exclusively upon treatment by spiritual means

26:2H-51. Inapplicability of act to facility operated by and for those who rely exclusively upon treatment by spiritual means
Nothing in this act shall be construed to apply to any skilled or intermediate care nursing facility operated by and for those who rely exclusively upon treatment by spiritual means through prayer for healing in accordance with the levels and practices of any well recognized church or religious denomination.
L.1977, c. 387, s. 5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-52 - Rules and regulations

26:2H-52. Rules and regulations
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 carry out its functions and duties under this act and to effectuate its purposes.
L.1977, c. 387, s. 6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-56 - Advance directive for health care; execution

26:2H-56. Advance directive for health care; execution
4. A declarant may execute an advance directive for health care at any time. The advance directive shall be signed and dated by, or at the direction of, the declarant in the presence of two subscribing adult witnesses, who shall attest that the declarant is of sound mind and free of duress and undue influence. A designated health care representative shall not act as a witness to the execution of an advance directive. Alternatively, the advance directive shall be signed and dated by, or at the direction of, the declarant and be acknowledged by the declarant before a notary public, attorney at law, or other person authorized to administer oaths. An advance directive may be supplemented by a video or audio tape recording. A female declarant may include in an advance directive executed by her, information as to what effect the advance directive shall have if she is pregnant.
L.1991,c.201,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-57 - Proxy, instruction directive; reaffirmed, modified, revoked.

26:2H-57 Proxy, instruction directive; reaffirmed, modified, revoked.
5. a. A declarant may reaffirm or modify either a proxy directive, or an instruction directive, or both. The reaffirmation or modification shall be made in accordance with the requirements for execution of an advance directive pursuant to section 4 of P.L.1991, c.201 (C.26:2H-56).
b. A declarant may revoke an advance directive, including a proxy directive, or an instruction directive, or both, by the following means:
(1) Notification, orally or in writing, to the health care representative, physician, nurse, or other health care professional, or other reliable witness, or by any other act evidencing an intent to revoke the document; or
(2) Execution of a subsequent proxy directive or instruction directive, or both, in accordance with section 4 of P.L.1991, c.201 (C.26:2H-56).
c. Designation of the declarant's spouse as health care representative shall be revoked upon divorce or legal separation, and designation of the declarant's domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3) as health care representative shall be revoked upon termination of the declarant's domestic partnership or designation of the declarant's partner in a civil union as defined in section 2 of P.L.2006, c.103 (C.37:1-29) shall be revoked upon termination of the declarant's civil union, unless otherwise specified in the advance directive.
d. A patient who lacks mental capacity may suspend an advance directive, including a proxy directive, an instruction directive, or both, by any of the means stated in paragraph (1) of subsection b. of this section. A patient who lacks mental capacity and has suspended an advance directive may reinstate that advance directive by oral or written notification to the health care representative, physician, nurse, or other health care professional of an intent to reinstate the advance directive.
e. Reaffirmation, modification, revocation, or suspension of an advance directive is effective upon communication to any person capable of transmitting the information including the health care representative, the attending physician, nurse, or other health care professional responsible for the patient's care.
L.1991, c.201, s.5; amended 2003, c.246, s.28; 2013, c.103, s.65.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-58 - Designation of health care representative; limitations.

26:2H-58 Designation of health care representative; limitations.
6. a. A declarant may execute a proxy directive, pursuant to the requirements of section 4 of P.L.1991, c.201 (C.26:2H-56), designating an adult with mental capacity to act as the declarant's health care representative.
(1) An adult who has mental capacity, including, but not limited to, a declarant's spouse, partner in a civil union as defined in section 2 of P.L.2006, c.103 (C.37:1-29), domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), adult child, parent, or other family member, friend, religious or spiritual advisor, or other person of the declarant's choosing, may be designated as a health care representative.
(2) An operator, administrator, or employee of a health care institution in which the declarant is a patient or resident shall not serve as the declarant's health care representative unless the operator, administrator, or employee is related to the declarant by blood, marriage, domestic partnership, civil union, or adoption.
This restriction does not apply to a physician, if the physician does not serve as the patient's attending physician and the patient's health care representative at the same time.
(3) A declarant may designate one or more alternate health care representatives, listed in order of priority. In the event the primary designee is unavailable, unable, or unwilling to serve as health care representative, or is disqualified from such service pursuant to this section or any other law, the next designated alternate shall serve as health care representative. In the event the primary designee subsequently becomes available and able to serve as health care representative, the primary designee may, insofar as then practicable, serve as health care representative.
(4) A declarant may direct the health care representative to consult with specified individuals, including alternate designees, family members, and friends, in the course of the decision making process.
(5) A declarant shall state the limitations, if any, to be placed upon the authority of the health care representative including the limitations, if any, which may be applicable if the declarant is pregnant.
b. A declarant may execute an instruction directive, pursuant to the requirements of section 4 of P.L.1991, c.201 (C.26:2H-56), stating the declarant's general treatment philosophy and objectives; or the declarant's specific wishes regarding the provision, withholding, or withdrawal of any form of health care, including life-sustaining treatment; or both. An instruction directive may, but need not, be executed contemporaneously with, or be attached to, a proxy directive.
L.1991, c.201, s.6; amended 2003, c.246, s.29; 2013, c.103, s.66.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-59 - Conditions under which advance directive becomes operative

26:2H-59. Conditions under which advance directive becomes operative
7. a. An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to section 8 of this act that the patient lacks capacity to make a particular health care decision.
b. Treatment decisions pursuant to an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish, and where appropriate confirm, a reliable diagnosis and prognosis for the patient.
L.1991,c.201,s.7.