Title 26, HEALTH AND VITAL STATISTICS

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)…

26:2H-66. Resolution of disagreements 14. a. In the event of disagreement among the patient, health care representative and attending physician concerning the patient's decision making capacity or the appropriate interpretation and application of the terms of an advance directive…

26:2H-67. Circumstances under which life-sustaining treatment may be withheld or withdrawn 15. a. Consistent with the terms of an advance directive and the provisions of this act, life-sustaining treatment may be withheld or withdrawn from a patient in the following circumstances…

26:2H-68. Issuance of do not resuscitate order 16. a. Consistent with the terms of an advance directive and the provisions of this act, the attending physician may issue a do not resuscitate order. b. A do not resuscitate order shall be entered in writing in the patient's medical…

26:2H-69. Consultation with institutional or regional reviewing body 17. a. An institutional or regional reviewing body which engages in prospective case consultation pursuant to paragraph (4) of subsection a. of section 15 of this act may be consulted by the attending physician,…

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.