Title 26, HEALTH AND VITAL STATISTICS

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…

26:2H-84 Qualification, disqualification for certification; petition for hearing. 3. a. An applicant for certification, or a certified nurse aide or personal care assistant who is required to undergo a criminal history record background check pursuant to section 2 of P.L.1997, c.…

26:2H-85 Assumption of cost of background checks. 4. The Department of Health shall assume the cost of the criminal history record background check conducted on an applicant for nurse aide or personal care assistant certification, or a certified nurse aide or personal care assist…

26:2H-86 Rules, regulations. 5. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt rules and regulations necessary to implement the provisions of sections 1 through 4 and section 6 of P.L.1997, c.100…

26:2H-87 False statement; fine. 6. Any person submitting a false sworn statement pursuant to section 3 of P.L.1997, c.100 (C.26:2H-84) shall be subject to a fine of not more than $1,000, which may be assessed by the Commissioner of Health. L.1997, c.100, s.6; amended 1997, c.284,…

26:2H-87.1. Certification application requirements of a nurse aide from another state or United States territory 1. An individual certified as a nurse aide by another state or territory of the United States may apply to have that certification entered on the registry established …

26:2H-87.2. 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 necessary to implement the provisions of this act. L.2019, c.18, s.2.

26:2H-88 Definitions relative to PACE program. 1. As used in this act: "Medicaid" means the program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). "Medicare" means the program established pursuant to Pub.L.89-97 (42 U.S.C. s.1395 et seq.). "PACE" means the "Program …

26:2H-89 PACE program operation. 2. A PACE program shall operate in the State only in accordance with a contract with the Department of Human Services pursuant to the provisions of P.L.1997, c.296 and P.L.2015, c.152. A contract entered into on or after the effective date of P.L.…

26:2H-9 Issuance of certificate of need. 9. Certificates of need shall be issued by the commissioner in accordance with the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.) and based upon criteria and standards therefor promulgated by the commissioner. The commissioner may appro…

26:2H-90 Cash reserves, demonstration. 3. A PACE or Pre-PACE program shall, at the time of entering into the initial contract and at each renewal thereof, demonstrate cash reserves to cover expenses in the event of insolvency. a. The cash reserves, at a minimum, shall equal the s…

26:2H-91 Enrollment, disenrollment terms. 4. A PACE or Pre-PACE program shall provide full disclosure regarding the terms of enrollment and the option to disenroll at any time to all persons who seek to participate or are participants in the program. L.1997,c.296,s.4.

26:2H-91.1 Participation eligibility for PACE program. 1. a. A person who applies to participate in the PACE program shall notify and provide to the PACE program provider valid proof of the person's date of birth upon enrollment in the PACE program. b. The PACE program provider s…

26:2H-91.2 Rules, regulations. 2. The Commissioner of Human Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.2015, c.151, s.2.

26:2H-92 Short title. 1. This act shall be known and may be cited as the "Nursing Home Quality of Care Improvement Fund Act." L.2003,c.105,s.1.

26:2H-93 Findings, declarations relative to nursing home quality of care. 2. The Legislature finds and declares that: a. It is in the public interest of this State for its nursing home industry to continue to provide high-quality services to those frail and vulnerable citizens wh…

26:2H-94 Definitions relative to nursing home quality of care. 3. As used in this act: "Commissioner" means the Commissioner of Human Services. "Department" means the Department of Human Services. "Director" means the Director of the Division of Taxation in the Department of the …

26:2H-95 "Nursing Home Quality of Care Improvement Fund." 4. The "Nursing Home Quality of Care Improvement Fund" is established as a nonlapsing fund in the Department of the Treasury. The fund shall be administered by the State Treasurer, in consultation with the Commissioner of …

26:2H-96 Payment of annual assessment by nursing homes. 5. a. Each nursing home shall pay an assessment which, when combined with the aggregate amount of assessments paid by all other nursing homes pursuant to this section shall not exceed 6% of the aggregate amount of annual rev…