Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2H-7 Certificate of need required for construction, expansion of health care facility. 7. No health care facility shall be constructed or expanded, and no new health care service shall be instituted after the effective date of P.L.1971, c.136 (C.26:2H-1 et seq.) except upon ap…

26:2H-7.1. Exemption; land acquired prior to effective date of act Any nonprofit entity chartered by the State of New Jersey as a nonprofit corporation pursuant to Title 15 of the Revised Statutes, which had been so chartered and had acquired land for the purpose of constructing …

26:2H-7.10 Short title. 1. This act shall be known and may be cited as the "Community Health Care Assets Protection Act." L.2000,c.143,s.1.

26:2H-7.11 Additional requirements for nonprofit hospitals relative to acquisitions; exemptions; procedures. 2. In addition to the requirements of P.L.1971, c.136 (C.26:2H-1 et seq.) concerning certificate of need and licensure requirements, a nonprofit hospital licensed pursuant…

26:2H-7.12 Exemption. 3. A hospital owned and operated by a county is exempt from the provisions of this act. L.2000,c.143,s.3.

26:2H-7.13 Applicability of act. 4. The provisions of this act shall apply to any proposed acquisition of a nonprofit hospital that is initiated after the effective date of this act. L.2000,c.143,s.4.

26:2H-7.14 Construction of act. 5. Nothing in this act shall be construed to limit the existing authority of the Attorney General, the Commissioner of Health, or any other government official or entity or the court to review, approve or disapprove conditions related to an acquisi…

26:2H-7.15 Definitions relative to assisted living. 1. As used in this act: "Assisted living" means a coordinated array of supportive personal and health services, available 24 hours per day, which promote resident self-direction and participation in decisions that emphasize inde…

26:2H-7.16 Evaluation of applicant prior to approval of certificate of need. 2. Prior to approval of a certificate of need pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7) for an assisted living residence or program, the commissioner shall evaluate the background of an applic…

26:2H-7.17 Issuance of assisted living administrator certification; criminal history record check. 3. a. The commissioner shall not issue an assisted living administrator certification, except on a conditional basis as provided for in subsection d. of section 4 of this act, unles…

26:2H-7.18 Information provided for criminal history record background check; procedure. 4. a. An applicant for certification or a certified assisted living administrator, who is required to undergo a criminal history record background check pursuant to section 3 of this act, sha…

26:2H-7.19 Applicant to assume cost of criminal history record background check. 5. The applicant for certification as an assisted living administrator or a certified assisted living administrator, as the case may be, shall assume the cost of the criminal history record backgroun…

26:2H-7.2 Exemption from certificate of need. 1. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, a nursing home which proposes to increase the total number of licensed beds contained therein by not more than 10 beds or 10% of its licens…

26:2H-7.20 Fine for false sworn statement. 6. A person submitting a false sworn statement pursuant to section 4 of this act shall be subject to a fine of not more than $1,000, which may be assessed by the commissioner. L.2002,c.25,s.6.

26:2H-7.21 Rules, regulations. 8. 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.2002, c.25, s.8; amended 2012, c.17, s.176.

26:2H-7.22 Definitions relative to hospital licensure to perform certain cardiac procedures. 1. As used in P.L.2021, c.18 (C.26:2H-7.22 et al.): "Angioplasty" or "percutaneous coronary intervention" means the mechanical reopening of an occluded vessel in the heart or corona using…

26:2H-7.23 Application, issuance of license as cardiac surgery center. 2. a. An applicant hospital may apply to the commissioner for a license to provide full service adult diagnostic cardiac catheterization services. The commissioner shall issue a license pursuant to such applic…

26:2H-7.24 Information furnished to patient by hospital. 3. Prior to performing any procedure authorized under a license issued pursuant to section 2 of P.L.2021, c.18 (C.26:2H-7.23) the applicant hospital shall furnish the following information to the patient and afford the pati…

26:2H-7.25 Application prior to transferring ownership of a nursing home. 2. a. Prior to transferring ownership of a nursing home, the prospective new owner shall submit an application to the Department of Health that meets the requirements of section 3 of this act. The applicati…

26:2H-7.26 Requirements of transfer of ownership application. 3. a. A transfer of ownership application submitted to the Department of Health pursuant to subsection a. of section 2 of this act shall meet the following requirements: (1) In the case of an application to transfer co…

26:2H-7.27 Notice to departments prior to selling, transferring ownership. 4. a. Prior to selling or transferring ownership of the land or other real property on which a nursing home is located, the prospective new owner shall submit notice to the Department of Health and the Dep…

26:2H-7.3 Nursing homes exempt from certificate of need requirement. 1. a. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, a nursing home which is affiliated with a well established religious body or denomination and reserves at least 6…

26:2H-7.4. Findings, declarations 1. The Legislature finds and declares that it is in the public interest for the State to facilitate the development of an effective and efficient spectrum of quality health care services; and that the conversion of existing hospital bed capacity …

26:2H-7.5. Definitions regarding subacute care units 2. As used in this act: "Commissioner" means the Commissioner of Health. "Hospital" means an acute care general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Subacute care" means a comprehensive in-patient…

26:2H-7.6 Requirements for subacute care unit. 3. a. A hospital which proposes to utilize a portion of its licensed bed capacity for the purpose of establishing a subacute care unit shall be subject to the following requirements: (1) the subacute care unit's beds shall be license…

26:2H-7.7. Patient diagnostic categories; inpatient rehabilitation criteria; admission to subacute care, requirements 4. a. The determination of whether a hospital subacute care unit or a skilled nursing or comprehensive rehabilitation hospital or other type of facility is the pr…

26:2H-7.8. Licensure requirements; quarterly reports 5. a. A subacute care unit shall be subject only to existing State long-term care facility licensure requirements and federal regulations governing Medicare participation. b. A hospital that has or converts beds for subacute ca…

26:2H-70. Existing law preserved; emergency care 18. a. Nothing in this act shall be construed to alter, amend or revoke the rights and responsibilities under existing law of health care institutions not governed by the provisions of this act. b. The provisions of this act shall …

26:2H-71. Rules, regulations 19. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the Department of Health shall establish rules and regulations: a. For the annual reporting by health care institutions, and the gathering of such addition…

26:2H-73. Immunities 21. a. A health care representative shall not be subject to criminal or civil liability for any actions performed in good faith and in accordance with the provisions of this act to carry out the terms of an advance directive. b. A health care professional sha…

26:2H-74. Absence of advance directive, act not applicable 22. The absence of an advance directive 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 this act do not appl…

26:2H-75. Advance directive shall not affect insurance, benefits coverage 23. The execution of an advance directive pursuant to this act shall not in any manner affect, impair or modify the terms of, or rights or obligations created under, any existing policy of health insurance,…

26:2H-76. Advance directive executed in other jurisdictions, validity 24. An advance directive 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 purposes of this act. An advance directive executed…

26:2H-77. Applicability of other law 25. a. The withholding or withdrawing of life-sustaining treatment pursuant to section 15 of this act, when performed in good faith, and in accordance with the terms of an advance directive and the provisions of this act, shall not constitute …

26:2H-78. Violations, penalties 28. 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 …

26:2H-78.1 Definitions; voluntary nonopioid directives; immunity for health care professionals, facilities, and employees. 1. a. As used in this act: “Authorized representative” means a parent or legal guardian of a minor, an individual's guardian, or other person appointed by th…

26:2H-79. Definitions relative to hospices 1. As used in this act, "hospice care program" means a coordinated program of home, outpatient, and inpatient care and services that is operated by a public agency or private organization, or subdivision of either of these entities, and …

26:2H-7a Exemptions from certificate of need requirement. 19. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, the following are exempt from the certificate of need requirement: Community-based primary care centers; Outpatient drug and a…

26:2H-7c Exemptions from certificate of need requirement. 16. a. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, 20 months after the effective date of P.L.1998, c.43 the following shall be exempt from the certificate of need requirement…

26:2H-7d Certain health care equipment exempt. 18. Notwithstanding the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.) to the contrary, health care equipment which involves new technology that is not identified in N.J.A.C.8:33 et seq., shall not be subject to certificate of nee…

26:2H-8. Requirements for certificate of need 8. No certificate of need shall be issued unless the action proposed in the application for such certificate is necessary to provide required health care in the area to be served, can be economically accomplished and maintained, will …

26:2H-80. Licensing of hospice care program 2. a. A hospice care program shall not operate in this State unless it possesses a valid license issued by the Department of Health and Senior Services pursuant to this act. No public agency or private organization shall assume, represe…

26:2H-81 Rules, regulations. 3. 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.) necessary to carry out the provisions of this act. L.1997, c.78, s.3; amended 2012, c.17, s.239.

26:2H-81.1 Definitions relative to hospice care, disposal of unused prescription medications. 1. a. As used in this section: "Family member" means a hospice care patient's spouse, parent, adult sibling, adult child, or adult grandchild. "Health care representative" means a person…

26:2H-81.2 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. L.2017, c.135, s.2.

26:2H-83 Background checks for nurse aid, personal care assistant certification. 2. a. The Department of Health shall not issue a nurse aide or personal care assistant certification to any applicant, except on a conditional basis as provided for in subsection d. of section 3 of P…