Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2H-12.2. Repealed by L.2005,c.83,s.20, amended by L.2005,c.259,s.34 to change "podiatry" to "podiatric medicine."

26:2H-12.20 Applicability of act. 5. This act shall not apply to an assisted living residence or comprehensive personal care home operated by a continuing care retirement community operating under a certificate of authority issued by the Department of Community Affairs pursuant t…

26:2H-12.21 Rules, regulations. 6. The Commissioner of Health shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the purposes of this act. L.2001, c.234, s.6; amended 2012, c.17, s.189.

26:2H-12.22 Domestic partner permitted visitation in health care facility. 13. a. A health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall allow a patient's domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), the children of the p…

26:2H-12.23. Short title 1. This act shall be known and may be cited as the "Patient Safety Act." L.2004,c.9,s.1.

26:2H-12.24. Findings, declarations relative to patient safety 2. The Legislature finds and declares that: a. Adverse events, some of which are the result of preventable errors, are inherent in all systems, and the health care literature demonstrates that the great majority of me…

26:2H-12.25 Definitions relative to patient safety; plans; reports; documentation, notification of adverse effects, etc. 3. a. As used in this act: "Adverse event" means an event that is a negative consequence of care that results in unintended injury or illness, which may or may…

26:2H-12.25a Compilation of findings on patient safety; annual reports. 8. The Commissioner of Health and the Commissioner of Human Services shall compile their findings and recommendations for operational changes related to patient safety in health care facilities, based on info…

26:2H-12.25b Certain data included in New Jersey Hospital Performance Report; rules, regulations. 1. a. The Department of Health shall include in the New Jersey Hospital Performance Report issued annually by the department hospital-specific data from hospital procedure and diagno…

26:2H-12.25c General hospital prohibited from seeking payment for certain conditions; notification to patients. 2. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall not seek to obtain payment from a patient or any third party payer for costs ass…

26:2H-12.26 Nursing homes, assisted living facilities, defibrillator, trained personnel; required. 1. A nursing home that is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, no later than one year after the effective date of P.L.2004, c.93 (C.26:2H-12.26), and an as…

26:2H-12.27 Findings, declarations relative to designation of stroke centers. 1. The Legislature finds and declares that: a. Despite significant advances in diagnosis, treatment and prevention, stroke remains a common disorder; an estimated 700,000 to 750,000 new and recurrent st…

26:2H-12.28 Designation of hospitals as stroke centers. 2. The Commissioner of Health shall designate hospitals that meet the criteria set forth in this section as primary, thrombectomy-capable, or comprehensive stroke centers or acute stroke ready hospitals. a. A hospital shall …

26:2H-12.28a Stroke Care Advisory Panel. 2. a. In order to ensure the implementation of a strong Statewide system of stroke care, there is established in the Department of Health the Stroke Care Advisory Panel, which, subject to subsection c. of this section, shall consist of 18 …

26:2H-12.2a Maintenance of records of complaints, disciplinary actions. 3. a. A health care entity shall maintain all records of all documented complaints of events related to patient care about, and disciplinary proceedings or actions against, a health care professional who is e…

26:2H-12.2b Notification relative to certain impairments of health care professionals; definitions. 2. a. A health care entity shall notify the division in writing if a health care professional who is employed by, under contract to render professional services to, or has privileg…

26:2H-12.2c Disclosure of information by health care entity. 15. a. A health care entity, upon the inquiry of another health care entity, shall truthfully: (1) disclose whether, within the seven years preceding the inquiry, it provided any notice to the division pursuant to secti…

26:2H-12.2d Provision of information by health care professional, immunity from civil liability. 16. a. A health care professional employed by or practicing at a health care entity shall promptly notify the person at the entity, who is designated by that entity, if the health car…

26:2H-12.3. Hospital respite care program A general hospital which has had an average of 20% or more of its beds vacant on weekends over a six month period may apply to the Commissioner of Health for permission to establish a hospital respite care program for senior citizens. Und…

26:2H-12.31 Awarding of matching grants to designated stroke centers. 5. a. In order to encourage and ensure the establishment of stroke centers throughout the State, the Commissioner of Health shall award matching grants to hospitals that seek designation as stroke centers and d…

26:2H-12.32 Report to Governor, Legislature. 6. The Commissioner of Health shall, not later than September 1, 2005, prepare and submit to the Governor, the President of the Senate, and the Speaker of the General Assembly a report indicating, as of June 30, 2005, the total number …

26:2H-12.33 Availability of certain information on departmental website. 1. a. The Department of Health shall make available to the public, through its official department website, information regarding: (1) the ownership of each long-term care facility and adult day health servi…

26:2H-12.34 Training required for service as trustee of general hospital, conditions. 1. a. (1) As a condition of serving as a member of the board of trustees of a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), a person shall be required to complete a t…

26:2H-12.35 Findings, declarations relative to prevention of health care facility-acquired infections. 1. The Legislature finds and declares that: a. Two million patients in this country become infected after entering hospitals each year and about 90,000 of those patients die as …

26:2H-12.36 Hospitals required to implement an infection program, reporting of cases of MRSA. 2. a. Within one month after the effective date of this act, all general hospitals licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall implement an …

26:2H-12.37 Violations, penalties. 3. A general hospital 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 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14). L.2007, c.120, s…

26:2H-12.38 Report to the Governor, Legislature. 4. To the extent that funds permit, the commissioner shall report within 18 months after the effective date of this act and annually thereafter to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Senat…

26:2H-12.39 Short title. 1. Sections 1 through 7 of this act shall be known and may be cited as the "Health Care Facility-Associated Infection Reporting and Prevention Act." L.2007, c.196, s.1.

26:2H-12.4 Application procedure for hospital respite care program. 2. A hospital applying for permission to establish a hospital respite care program is not required to apply for a certificate of need pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7) and is required to demons…

26:2H-12.40 Findings, declarations relative to reporting of infection rates by hospitals. 2. The Legislature finds and declares: a. Health care facility-associated infections constitute a major public health problem in this country, affecting from 5% to 10% of hospitalized patien…

26:2H-12.41 Quarterly reports by general hospital to Department of Health. 3. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall be required to report quarterly to the Department of Health, in a form and manner prescribed by the Commissioner of Healt…

26:2H-12.42 Prompt advice to hospital from commissioner to improve performance. 4. The commissioner shall promptly advise a hospital in the event the commissioner determines that based on information reported by the facility, a change in facility practices or policy is necessary …

26:2H-12.43 Information available to public on Internet website. 5. The commissioner shall make available to members of the public, on the official Internet website of the Department of Health, the information reported pursuant to this act, in such a format as the commissioner de…

26:2H-12.44 Expansion of reporting requirements. 6. The commissioner may, by regulation, expand the health care facility-associated infection reporting requirements in this act to other types of health care facilities, as the commissioner determines appropriate. L.2007, c.196, s.…

26:2H-12.45 Rules, regulations. 7. The Commissioner of Health and Senior Services, in consultation with the Quality Improvement Advisory Committee in the department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regula…

26:2H-12.46 Hospital to inform pregnant patients of option to donate umbilical cord blood, placental tissue. 1. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, upon admission, advise every patient of the hospital who is known to be pregnant of…

26:2H-12.47 Information provided to patients. 2. When a hospital advises a patient of the option to donate or store umbilical cord blood or placental tissue as provided in section 1 of this act, it shall provide the patient with the following information: a. a description of the …

26:2H-12.48 Provision of copy of brochure to pregnant patients. 3. A health care professional shall provide to each patient to whom that individual is providing prenatal care, as early as practicable in the health care professional's therapeutic relationship with the patient, pre…

26:2H-12.49 Construction of act. 4. Nothing in this act shall be construed to preclude any NMDP-affiliated public umbilical cord blood bank or private umbilical cord blood bank from disseminating information to patients, health care professionals, and hospitals regarding the serv…

26:2H-12.5. Rules, regulations The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), promulgate such rules and regulations as may be necessary to effectuate the purposes of this act. L. 1986, c. 11, s. 3.

26:2H-12.50 General hospital to conduct public meetings. 1. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, at least annually, conduct a public meeting to discuss issues relating to the operation of the hospital and concerns of the community with…

26:2H-12.51 Notice of meeting on department's website. 2. The Department of Health shall post the notice of a hospital's annual public meeting on the department's website. L.2008, c.59, s.2; amended 2012, c.17, s.205.

26:2H-12.52 Limitation on charges for certain uninsured patients. 1. A hospital licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall charge a patient who is an uninsured resident of this State, and whose family gross income is less than 500% o…

26:2H-12.53 Sliding scale for certain hospital charges. 2. The Department of Health shall establish a sliding scale based on income which stipulates the percentage of a hospital charge that an uninsured resident of this State whose family gross income is less than 500% of the fed…

26:2H-12.54 Findings, declarations relative to pressure ulcers in nursing home residents. 1. The Legislature finds and declares that: a. Pressure ulcers, or bedsores, are a serious public health concern, and elderly persons, who comprise the majority of residents in nursing homes…

26:2H-12.55 Replacement of mattresses with pressure redistribution mattresses. 2. a. Beginning one year after the effective date of this act, when a nursing home replaces a mattress for use by a nursing home resident, the nursing home shall replace the mattress with a pressure re…