Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2H-12.94 Report to National Healthcare Safety Network database. 5. a. During a public health emergency involving an infectious disease affecting or likely to affect a long-term care facility, the long-term care facility shall report to the National Healthcare Safety Network da…

26:2H-12.95 Electronic health record system. 6. a. No later than 270 days after the effective date of this act, each long-term care facility shall implement or upgrade to an electronic health record system certified by the Office of the National Coordinator for Health Information…

26:2H-12.96 Employment of certain homemaker-home health aides. 2. A long-term care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) may employ certified homemaker-home health aides to work as certified nurse aides, provided that the homemaker-home health aide is …

26:2H-12.97 Definitions relative to the prevention of social isolation in certain facilities. 1. As used in this act: "Cohorting" means the same as that term is defined by section 1 of P.L.2019, c.243 (C.26:2H-12.87). "Commissioner" means the Commissioner of Health. "Department" …

26:2H-12.98 Social isolation prevention policies required. 2. a. The Department of Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the practical availability of technology t…

26:2H-12.99 Inspections; violations, penalties. 3. a. Whenever the department conducts an inspection of a long-term care facility, the department's inspector shall determine whether the long-term facility is in compliance with the provisions of this act and the policies, protocol…

26:2H-12.9a. Revision of written summary, notice 2. A general hospital shall revise the written summary and written notice required pursuant to section 3 of P.L.1989, c.170 (C.26:2H-12.9) within 180 days of the effective date of this act to reflect the amendments made to section …

26:2H-12.9b. Short title 1. This act shall be known and may be cited as "Leonard Cohen's Law." L.2001,c.207,s.1.

26:2H-12.9c. Discharge summary required for transfer of patients 2. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall not transfer a patient to another health care facility unless the patient is accompanied by a complete discharge summary from the …

26:2H-12.9d. Noncompliance, penalties 3. A hospital that fails to comply with the provisions of section 2 of this act shall be subject to such penalties as the Commissioner of Health and Senior Services shall determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13…

26:2H-120 Construction of act with advance directive for health care. 20. Nothing in this act shall be construed to impair the legal force and effect of an advance directive for health care executed pursuant to P.L.1991, c.201 (C.26:2H-53 et seq.) either prior to or after the ena…

26:2H-121 Absence of directive, no presumption created. 21. The absence of an advance directive for mental health care shall create no presumption with respect to a patient's wishes regarding the provision, withholding or withdrawing of any form of health care. The provisions of …

26:2H-122 Existing rights, obligations unaffected under health insurance programs. 22. The execution of an advance directive for mental health care pursuant to this act shall not in any manner affect, impair or modify the terms of, or rights or obligations created under, any exis…

26:2H-123 Validity of directive executed out-of-State. 23. An advance directive for mental health care executed under the laws of another state in compliance with the laws of that state or the State of New Jersey is validly executed for the purposes of this act. An advance direct…

26:2H-124 Priority of provisions of act. 24. a. (1) To the extent that any of the provisions of this act are inconsistent with P.L.2000, c.109 (C.46:2B-8.1 et seq.) concerning the designation of a mental health care representative, the provisions of this act shall have priority o…

26:2H-125 Intentional disregard for act, professional misconduct; fines; fourth degree crime for certain acts relative to advance directives. 25. a. A mental health care professional who intentionally fails to act in accordance with the requirements of this act is subject to disc…

26:2H-126 Notification to residents of closing, relocation of nursing home, assisted living facility; exceptions. 1. a. Except as provided in subsection b. of this section, at least 60 days prior to the proposed date of the closing or relocation of a nursing home or assisted livi…

26:2H-127 Assisted living facility, refund of deposit, certain circumstances. 1. a. An assisted living facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that requires a new resident, as a condition of admission to the facility, to pay a…

26:2H-128 Rights of residents of assisted living facilities, comprehensive personal care homes. 1. a. Each assisted living facility and comprehensive personal care home provider licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall distribute to each resident and post in…

26:2H-129 Short title. 1. Sections 1 through 13 of this act shall be known and may be cited as the "Practitioner Orders for Life-Sustaining Treatment Act." L.2011, c.145, s.1; amended 2019, c.218, s.2.

26:2H-12a. Requirements for licensure of mental health programs 5. A license issued to a mental health program by the Commissioner of Human Services pursuant to P.L.1995, c.321 (C.30:9A-18 et al.) shall be deemed to satisfy the requirements for licensure of a health care facility…

26:2H-12b Religious accommodation regarding admission procedures at licensed health care facilities. 1. No patient or family member of a patient shall be required to sign admission papers to a health care facility, as defined in section 2 of the "Health Care Facilities Planning A…

26:2H-13. Violations; penalties; notice; hearing In addition to authority granted to the department by this act or any other law, the department after serving the licensee with specific charges in writing, may assess penalties and collect the same within the limitations imposed b…

26:2H-13.1. Revocation A person making application for, or who has been issued, a license to operate a residential health care facility who conceals the fact that the person has been denied a license to own or operate a residential facility, or that the person's license to own or…

26:2H-130 Findings, declarations relative to practitioner orders for life-sustaining treatment (POLST) forms. 2. The Legislature finds and declares that: a. Pursuant to the "New Jersey Advance Directives for Health Care Act," P.L.1991, c.201 (C.26:2H-53 et seq.), this State has s…

26:2H-131 Definitions relative to POLST forms. 3. As used in sections 1 through 12 of this act: "Advance directive" means an advance directive for health care as defined in section 3 of P.L.1991, c.201 (C.26:2H-55). "Advanced practice nurse" or "APN" means a person who is certifi…

26:2H-132 Encouragement of public awareness, understanding of POLST form. 4. It shall be the public policy of this State to encourage public awareness and understanding of the Practitioner Orders for Life-Sustaining Treatment form as a means of enabling patients in this State to …

26:2H-132.1 End-of-life care public awareness campaign. 1. a. The Commissioner of Health shall establish a public awareness campaign to foster community-wide discussions and to promote early conversations about advance care planning and patient preferences to improve decision-mak…

26:2H-132.2 Requirements for certain facilities concerning end-of-life care. 1. a. Assisted living facilities, dementia care homes, nursing homes, assisted living residences, comprehensive personal care homes, residential health care facilities, hospitals, and long-term care faci…

26:2H-133 Designation of Patient safety organization; responsibilities. 5. The Commissioner of Health shall designate a patient safety organization (PSO) operating in this State pursuant to the federal "Patient Safety and Quality Improvement Act of 2005," Pub.L.109-41, to carry o…

26:2H-134 Treatment of patient in accordance with POLST form. 6. a. A health care professional, health care institution, or emergency care provider shall treat a patient who has a completed POLST form in accordance with the information contained therein, except as otherwise provi…

26:2H-135 Modification, supersedure of POLST form. 7. a. If the goals of care of a patient with a completed POLST form change, the patient's attending physician, physician assistant, or APN may, after conducting an evaluation of the patient and after obtaining informed consent fr…

26:2H-136 Procedure in event of disagreement. 8. a. In the event of a disagreement among the patient, the patient's representative, and the patient's attending physician, physician assistant, or APN concerning the patient's decision-making capacity or the appropriate interpretati…

26:2H-137 Construction of act. 9. Nothing in this act shall be construed to: a. abridge a patient's right to refuse treatment under either the United States Constitution or the Constitution of the State of New Jersey; b. impair the obligations of a health care professional to pro…

26:2H-138 Immunity from liability. 10. a. A patient's representative shall not be subject to criminal or civil liability for any action taken by that individual to carry out the terms of a completed POLST form that is performed in good faith and in accordance with the provisions …

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-…

26:2H-14 Unlicensed health care facility; rules; violations; penalties. 14. Any person, firm, partnership, corporation or association who shall operate or conduct a health care facility without first obtaining the license required by this act, or who shall operate such health car…

26:2H-14.1. Definitions As used in this act: a. "Department" means the State Department of Health. b. "Heat emergency" means an indoor air temperature of 85 degrees Fahrenheit or higher for a continuous period of four hours or longer. L.1984, c. 114, s. 1, eff. Aug. 3, 1984.

26:2H-14.10 Definitions relative to health care worker, patient safety. 3. As used in this act: "Assisted patient handling" means patient handling using: mechanical patient handling equipment including, but not limited to, electric beds, portable base and ceiling track-mounted fu…

26:2H-14.11 Establishment of safe patient handling program; requirements. 4. Within 36 months of the effective date of this act, each covered health care facility shall establish a safe patient handling program to reduce the risk of injury to both patients and health care workers…

26:2H-14.12 Safe patient handling committee. 5. a. Within 12 months of the effective date of this act: (1) each covered health care facility shall establish a safe patient handling committee, which shall be responsible for all aspects of the development, implementation and period…

26:2H-14.13 Certain retaliatory actions against health care worker prohibited. 6. A covered health care facility shall not take any retaliatory action against any health care worker because that worker refuses to perform a patient handling task due to a reasonable concern about w…

26:2H-14.14 Violations, penalties. 7. A covered health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) that is in violation of the provisions of this act shall be subject to such penalties as the Department of Health may determine pursuant to sections 13 and…

26:2H-14.15 Rules, regulations. 8. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), within 12 months of the date of enactment of this act, to carry out the purposes of this act. L.20…

26:2H-14.2 Heat emergency action plan. 2. a. Every nursing home as defined in section 2 of P.L.1976, c.120 (C.30:13-2) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), every residential health care facility as defined in section 1 of P.L.1953, c.212 (C.30:11A-1) or li…

26:2H-14.3 Rules, regulations relative to air conditioning, adequate ventilation. 3. The Commissioner of Health shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the p…