Title 26, Title 26: HEALTH AND VITAL STATISTICS

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 o…

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 …

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 l…

26:2H-4. Health Care Administration Board; membership; appointment; terms; vacancies; meetings; compensation 4. There shall be in the State Department of Health, a Health Care Administration Board which shall consist of 13 members, 11 of whom shall be appointed by the Governor wi…

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 c…

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 d…

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 di…

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 ban…

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 …

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 …

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…

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, …

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…

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 req…

26:2H-46.3 Review of reporting requirements; standardization, consolidation of reporting requirements. 3. a. The department shall undertake a review of reporting requirements for nursing homes and shall take steps to standardize and consolidate the reporting requirements for the …

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 t…

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 oth…

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…

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 admi…

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; m…

26:2H-5 Commissioner's powers. 5. a. The commissioner, to effectuate the provisions and purposes of this act, shall have the power to inquire into health care services and the operation of health care facilities and to conduct periodic inspections of such facilities with respect …

26:2H-5.1. Collection of information on costs and revenues; report to legislature The Commissioner of the Department of Health shall, on a continuous basis, collect information concerning all costs and revenues of residential health care facilities licensed pursuant to P.L.1971, …

26:2H-5.10 Findings, declarations relative to use of needles, sharp devices in health care facilities. 1. The Legislature finds and declares that: a. The use of conventional needles results in increased risk of HIV infection and hepatitis B and C to health care workers; b. Each y…

26:2H-5.11 Definitions relative to use of needles, sharp devices in health care facilities. 2. As used in this act: "Commissioner" means the Commissioner of Health. "Department" means the Department of Health. "Needle stick injury" means the parenteral introduction into the body …

26:2H-5.12 Integrated safety features required on needles, etc.; dentists, exempt, certain circumstances. 3. a. No later than 12 months after the date of enactment of this act, the commissioner shall require that a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2…

26:2H-5.13 Responsibilities of health care facility. 4. A health care facility shall: a. Establish an evaluation committee in which at least half of the members are direct-care health care workers who shall select needles and other sharp devices from each class of needle or other…

26:2H-5.14 Review of health care facilities reports, recommendations. 5. The department shall review the reports submitted by health care facilities pursuant to section 4 of this act on a quarterly basis and shall make recommendations to the respective health care facility for re…

26:2H-5.15 Annual report to Legislature. 6. The commissioner shall report annually to the Senate and General Assembly Health Committees on the implementation of this act. The report shall include the number of needle stick injuries, the type and brand names of the needles or othe…

26:2H-5.16 Rules, regulations. 7. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.413 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. L.1999,c.311,s.7.

26:2H-5.17 Short title. 1. This act shall be known and may be cited as the "Violence Prevention in Health Care Facilities Act." L.2007,c.236,s.1.

26:2H-5.18 Findings, declarations relative to prevention of violence against health care workers. 2. The Legislature finds and declares that: a. Violence is an escalating problem in many health care settings in the State and across the nation, and although violence is an increasi…

26:2H-5.19 Definitions relative to prevention of violence against health care workers. 3. As used in this act: "Covered health care facility" means a general or special hospital or nursing home licensed by the Department of Health and Senior Services pursuant to P.L.1971, c.136 (…

26:2H-5.1a Regulations for oversight of hospitals. 2. a. The Commissioner of Health shall prescribe, by regulation: (1) specific indicators by which a general hospital may be evaluated for financial soundness, and the thresholds at which it may be considered to be in financial di…

26:2H-5.1b Conditions for licensure of general hospital. 3. As a condition of licensure under P.L.1971, c.136 (C.26:2H-1 et al.), a general hospital shall: a. (1) provide to the Department of Health: monthly and quarterly unaudited financial information, quarterly unaudited finan…

26:2H-5.1c Ambulatory care facility to use common billing form. 1. An ambulatory care facility licensed to provide surgical services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall use a common billing form, designated by the Commissioner of Health, for each patient when bi…

26:2H-5.1d Identification numbers of physicians publicly available. 2. The commissioner shall make publicly available the identification number for the physician or physicians, as applicable, that appear on hospital billing forms and billing forms of ambulatory care facilities li…

26:2H-5.1e Quarterly report from ambulatory care facility; required information. 3. a. An ambulatory care facility licensed to provide surgical services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be required to report quarterly to the Department of Health, in a form an…

26:2H-5.1f Rules, regulations. 4. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. L.2009, c.263, s.4; amended 2012, c.17, s.163.

26:2H-5.1g Regulations. 3. a. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt regulations necessary to develop an integrated licensing system in which facilities licensed under the authority of P.L.1971,…

26:2H-5.20 Establishment of violence prevention program in covered health care facility. 4. Within 6 months of the effective date of this act, a covered health care facility shall establish a violence prevention program for the purpose of protecting health care workers. The progr…

26:2H-5.21 Retaliatory action prohibited. 5. A covered health care facility shall not take any retaliatory action against any health care worker for reporting violent incidents. As used in this section, "retaliatory action" shall have the same meaning as provided in section 2 of …

26:2H-5.22 Violations, penalties. 6. 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 Commissioner of Health may determine pursuant to sections 13 an…

26:2H-5.23 Rules, regulations. 7. The Commissioners of Health and Human Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. L.2007, c.236, s.7; amended 2012, c.17, s…

26:2H-5.23a Health care facility, written notice, display, assault, health care professional, health care facility volunteer, employee. 6. a. As used in this section, "health care facility" means the same as defined in subsection b. of section 3 of P.L.2023, c.48 (C.2C:12-3.1). b…

26:2H-5.24 Findings, declarations relative to designated caregivers. 1. The Legislature finds and declares that: a. According to the American Association of Retired Professional's Public Policy Institute, at any given time, an estimated 1.75 million people in New Jersey provide v…

26:2H-5.25 Definitions relative to designated caregivers. 2. As used in this act: "After-care assistance" means any assistance provided by a caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharg…