Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2H-5.30 Construction of act relative to private right of action against hospital. 7. a. Nothing in this act shall be construed to create a private right of action against a hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual …

26:2H-5.31 Discharge, transfer of patient unaffected. 8. Nothing in this act shall delay the discharge of a patient, or the transfer of a patient from a hospital to another facility. L.2014, c.68, s.8.

26:2H-5.32 Rules, regulations. 9. The Department of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act including, but not limited to, regulations to further define …

26:2H-5.33 Definitions relative to actions by health care facilities. 26. a. As used in this section: "Health care facility" or "facility" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Health care professional" means a person licensed to …

26:2H-5.34 Notation in medical record of increased risk of symptoms caused by a dementia related disorder; definitions. 1. a. A hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall require a health care professional or appropriate staff member to include a nota…

26:2H-5.35 Determination by general acute care hospital if patient is homeless or a military veteran. 1. A general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall, as part of the patient intake process, inquire as to whether the individual who i…

26:2H-5.36 Evidence-based cultural competency training program for general acute care hospital staff, direct contact with patients. 1. a. Each general acute care hospital that collects data concerning patient race, ethnicity, sexual orientation, or gender identity for any reason …

26:2H-5.7 State Health Planning Board established. 33. There is established in the Department of Health a State Health Planning Board. The members of the board shall include: the Commissioners of Health, Children and Families, and Human Services, or their designees, who shall ser…

26:2H-5.8 Review of application for certificate of need. 34. a. (Deleted by amendment, P.L.1998, c.43). b. The State Health Planning Board shall review applications for certificates of need and make recommendations to the Commissioner of Health. c. In the case of an application f…

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 iden…

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 t…

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 thi…

26:2H-53. Short title 1. This act shall be known and may be cited as the "New Jersey Advance Directives for Health Care Act." L.1991,c.201,s.1.

26:2H-54 Findings, declarations. 2. The Legislature finds and declares that: a. Adults have the fundamental right, in collaboration with their health care providers, to control decisions about their own health care unless they lack the mental capacity to do so. This State recogni…

26:2H-55 Definitions. 3. As used in P.L.1991, c.201 (C.26:2H-53 et seq.): "Adult" means an individual who has reached majority pursuant to section 3 of P.L.1972, c.81 (C.9:17B-3). "Advance directive for health care" or "advance directive" means a writing executed in accordance wi…

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 sh…

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 a…

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 representat…

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 l…

26:2H-5a. Coordination of hospital inspections The Commissioner of Health shall, to the extent possible and reasonable within the Department of Health's responsibilities under P.L.1971, c.136 (C.26:2H-1 et seq.), coordinate its annual inspection of a hospital with the triennial i…

26:2H-5b Routine monitoring of pain as fifth vital sign required. 1. a. The Commissioner of Health shall prescribe, by regulation, requirements to be adopted by health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) for the routine monitoring of pain as a…

26:2H-5c Rules, regulations. 2. 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, for which purpose the commissioner shall consult, at a minim…

26:2H-5d Provision of information by home health agency to patient. 1. a. The Commissioner of Health, in consultation with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, shall require that, no later than the 180th day after the date o…

26:2H-5d1 Home health agency to comply with standards for treatment of hemophilia. 1. Each home health agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that provides home care services to an individual with hemophilia shall, when those services include treatment se…

26:2H-5e Adoption of policies for notifying family members of patient deaths by health care facilities. 1. A general or special hospital, nursing home or assisted living residence licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall, commencing no later than the 180th d…

26:2H-5f Findings, declarations relative to staffing in certain health care facilities. 1. The Legislature finds and declares that hospital patients and nursing home residents, in the interest of being fully informed about the quality of health care provided at the facility where…

26:2H-5g Compilation, posting of certain staffing information by health care facilities. 2. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall compile, and shall post daily in the patient care area of each unit of the hospital and provide upon re…

26:2H-5h 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 to effectuate the purposes of this act, in consultation with the Quality Improvement Advisory Commit…

26:2H-5i New Jersey Report Card of Hospital Maternity Care. 1. The Commissioner of Health shall gather and compile information necessary to develop a New Jersey Report Card of Hospital Maternity Care, as provided for in this act. The report card, which shall be updated annually a…

26:2H-5j Information included on report card. 2. For each hospital, the report card shall include: a. the number of vaginal deliveries performed; b. the number of cesarean deliveries performed; and c. the rate of complications experienced by a patient receiving maternity care: (1…

26:2H-5k Revision, addition of complications. 3. Notwithstanding the provisions of section 2 of this act to the contrary, the commissioner shall revise or add complications or other factors to be included in the report card based on maternal quality indicators as may be recommend…

26:2H-5l Contract for provision of home health care. 1. Notwithstanding any provision of Title 26 of the Revised Statutes or any regulation promulgated thereunder to the contrary, a county or municipal government that is the licensed operator of a home health agency may contract …

26:2H-5m Rules, regulations. 2. The Commissioner of Health shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this act. L.2019, c.17…

26:2H-5n Hospital to provide medical, billing records; fees; price limits. 1. a. Except as provided in subsection d. of this section, if a patient of a general, special, or psychiatric hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), the patient's legally author…

26:2H-5o Definitions relative to palliative, hospice care. 1. As used in this act: "Appropriate" means consistent with applicable legal, health, and professional standards, the patient's clinical and other circumstances, and the patient's reasonably known wishes and beliefs. "Hos…

26:2H-5p "Palliative Care and Hospice Care Consumer and Professional Information and Education Program." 2. a. There is established the "Palliative Care and Hospice Care Consumer and Professional Information and Education Program" in the Department of Health. b. The purpose of th…

26:2H-5q Provision of information to certain patients, residents and family members. 3. a. Every hospital, nursing home, rehabilitation facility, and other facility which is identified by the Commissioner of Health to be appropriate and which is licensed in this State shall provi…

26:2H-5r Palliative Care and Hospice Care Advisory Council. 4. a. There is established in the Department of Health the Palliative Care and Hospice Care Advisory Council. b. It shall be the duty of the council, in collaboration with the Cancer Institute of New Jersey, to implement…

26:2H-5s Provision of palliative care services for patients treated in the emergency department. 1. The emergency department of a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall develop and implement a plan to integrate the provision of palliative …

26:2H-6.1 Findings, declarations relative to certificate of need. 1. The Legislature finds and declares that: a. The regulatory structure for the State's health care delivery system put in place in the 1970's was an outgrowth of federal legislation predicated on the idea that the…

26:2H-60 Determination of patient's capacity to make a health care decision. 8. a. The attending physician shall determine whether the patient lacks capacity to make a particular health care decision. The determination shall be stated in writing, shall include the attending physi…

26:2H-61. Authority to make health care decisions 9. a. If it has been determined that the patient lacks decision making capacity, a health care representative shall have authority to make health care decisions on behalf of the patient. The health care representative shall act in…

26:2H-62. Rights, responsibilities of health care professionals 10. In addition to any rights and responsibilities recognized or imposed by, or pursuant to, this act, or by any other law, physicians, nurses, and other health care professionals shall have the following rights and …

26:2H-63. Decision making under an advance directive 11. a. The attending physician, the health care representative and, when appropriate, any additional physician responsible for the patient's care, shall discuss the nature and consequences of the patient's medical condition, an…

26:2H-64. Effect of instruction directive 12. a. If the patient has executed an instruction directive but has not designated a health care representative, or if neither the designated health care representative or any alternate designee is able or available to serve, the instruct…

26:2H-65. Additional rights, responsibilities of health care institution 13. a. In addition to any rights and responsibilities recognized or imposed by, or pursuant to, this act, or any other law, a health care institution shall have the following rights and responsibilities: (1)…