Title 26, HEALTH AND VITAL STATISTICS

26:2H-18.79 Influenza vaccination in health care facilities. 1. a. As used in this act: "Commissioner" means the Commissioner of Health. "Health care facility" means a general or special hospital, nursing home, or home health care agency licensed pursuant to P.L.1971, c.136 (C.26…

26:2H-18.80 Report to Governor, Legislature. 2. No later than August 1st of each year, the commissioner shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the vaccination percentage rates of health care workers for the…

26:2H-18.81 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 as necessary to implement the provisions of this act. L.2019, c.330, s.3.

26:2H-18a. Designation of specialty acute care children's hospital for northern New Jersey 2. The Commissioner of Health shall designate Children's Hospital of New Jersey, a unit of United Hospitals Medical Center, as the State's specialty acute care children's hospital for north…

26:2H-18c Designation of specialty acute care children's hospital for southern New Jersey. 3. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Cooper University Hospital in the City of Camden as the State's specialty acute…

26:2H-18d Designation of specialty acute care children's hospital for central New Jersey. 1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Robert Wood Johnson University Hospital/St. Peter's University Hospital in the C…

26:2H-18e Designation of specialty acute care children's hospital for Bergen, Passaic, Sussex, and Warren counties. 1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate St. Joseph's Hospital and Medical Center in the City o…

26:2H-18f Designation of specialty acute care children's hospital for Morris and Union counties. 2. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Morristown Memorial Hospital as the State's specialty acute care children…

26:2H-18g Designation of acute care children's hospitals for Monmouth and Ocean counties. 1. a. The Commissioner of Health, subject to the provisions of subsection b. of this section, shall designate Jersey Shore University Medical Center and Monmouth Medical Center, each, as the…

26:2H-18h Specialized care facilities for Huntington's Disease; rules, regulations. 1. a. The Commissioner of Health may issue a nursing facility license for a facility that provides care for Huntington's Disease. b. The commissioner, pursuant to the "Administrative Procedure Act…

26:2H-19. Transfer of certain powers, functions and duties of state board of control, commissioner and department of institutions and agencies and its hospital licensing board All of the functions, powers and duties of the State Board of Control, the Commissioner of Institutions …

26:2H-2 Definitions. 2. The following words or phrases, as used in this act, shall have the following meanings, unless the context otherwise requires: a. "Health care facility" means the facility or institution, whether public or private, that is engaged principally in providing …

26:2H-20. Transfer of certain employees of bureau of community institutions Employees of the present Bureau of Community Institutions in the Department of Institutions and Agencies responsible for administration of laws governing and concerning residential health care facilities,…

26:2H-21. Transfer of certain functions of department of institutions and agencies and certain personnel of bureau of medical facilities construction and planning All functions, powers, duties, records, and property of the Department of Institutions and Agencies, and personnel of…

26:2H-22. Abolition of hospital licensing board; transfer of powers, functions and duties to health care administration board The Hospital Licensing Board created pursuant to P.L.1947, c. 340, s. 7 (C. 30:11-6) is hereby abolished. Upon the establishment of the Health Care Admini…

26:2H-23. Reference to state board of control, or department or commissioner of institutions and agencies deemed reference to department or commissioner of health With respect to the functions, powers and duties of the State Board of Control, the Commissioner of Institutions and …

26:2H-24. Partial invalidity If any clause, sentence, paragraph, subsection or section of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its opera…

26:2H-25. Effect of act on rights under civil service, pension law or retirement system Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pe…

26:2H-26. Short title This act shall be known and may be cited as the "Health Care Facilities Planning Act." L.1971, c. 136, s. 28.

26:2H-27. Transfer of powers, functions and duties of state board of control of department of institutions and agencies pursuant to nursing home administrator's licensing to department of health All of the powers, functions and duties heretofore exercised by the State Board of Co…

26:2H-28. Transfer of nursing home administrator's licensing board to state department of health The Nursing Home Administrator's Licensing Board established by P.L.1968, c. 356 (C. 30:11-11 et seq.), and all amendments thereto, together with all of its powers, functions and duti…

26:2H-29. Nursing home or convalescent home defined As used in this act "nursing home" or "convalescent home" means a health care facility licensed by the Department of Health to provide professional nursing care on a daily basis and includes intermediate care facilities. L.1975,…

26:2H-30. Patient or resident; charges for drugs No nursing home or convalescent home may charge a patient or resident for drugs more than the cost thereof to the home plus an amount not in excess of 5% to reimburse the home for the administrative costs of purchasing and dispensi…

26:2H-31. Violations; penalty; collection Any person who violates the provisions of this act shall be liable for a penalty of $100.00 to be collected by a summary proceeding instituted by the Attorney General at the request of the Commissioner of Health pursuant to the Penalty En…

26:2H-32 Definitions. 1. The following words or phrases, as used in P.L.1977, c.237 (C.26:2H-32 et seq.), shall have the following meanings, unless the context otherwise requires: a. "Nursing home" means a facility providing therein nursing care to persons who are sick, invalid, …

26:2H-33. Nursing homes, annual report; operating and financial interests Every nursing home operating in the State shall, within 90 days after the end of its fiscal year, file an annual report with the State Commissioner of Health. Such annual report shall be in such form and sh…

26:2H-34. Verification of report Every report required to be filed by a nursing home pursuant to this act shall contain a written statement, sworn to by or on behalf of such nursing home and the operator of such nursing home to the effect that the report is true and complete and …

26:2H-35. Violations; penalty; recovery 4. Any person, firm, association, partnership or corporation who fails to file a statement as required by this act or willfully files a false statement shall be liable to a penalty of not less than $10.00 nor more than $100.00 for each day …

26:2H-35.1. Report of comparative evaluative profiles of nursing homes; compilation and periodical update; furnishing to public The State Commissioner of Health shall compile and periodically update a report which compares evaluative profiles of all nursing homes in this State. T…

26:2H-35.2. Existence of life threatening condition at nursing home; public notice Whenever the Department of Health determines that a life threatening condition exists at any nursing home in this State, the commissioner may as soon as is reasonably possible issue a public notice…

26:2H-36. Legislative findings The Legislature finds: a. Many senior citizens in the State are residing in boarding homes or nursing homes. Their life, safety, health and welfare is largely dependent upon the conditions and care provided in these homes; b. Some homes are providin…

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 …