Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2I-15. Act complete authority for issuance of bonds Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau, agency or officer of the State, and without any other proceedings or the happening of …

26:2I-16. Exemptions from taxes; bonds; property The exercise of the powers granted by the this act will be in all respects for the benefit of the people of this State, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living …

26:2I-17 State will not limit, alter, restrict rights of authority. 17. The State of New Jersey does pledge to and agree with the holders of the bonds issued pursuant to authority contained in this act, and with those parties who may enter into contracts with the authority pursua…

26:2I-18. Annual report and audit On or before March 31 in each year, the authority shall make an annual report of its activities for the preceding calendar year to the Governor and the Legislature. Each such report shall set forth a complete operating and financial statement cov…

26:2I-19. Contracts; conflict of interest Except as otherwise expressly provided in this act, any member, officer, agent or employee of the authority, or member of the immediate family thereof, who is interested, either directly or indirectly, in any contract or transaction of an…

26:2I-2. Short title This act shall be known and may be cited as the "New Jersey Health Care Facilities Financing Authority Law." L.1972, c. 29, s. 2.

26:2I-20. Comptroller of Treasury; powers of examination The Comptroller of the Treasury and his legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts, books and records of the authority, including its receipts, disbursem…

26:2I-21 Department may visit, examine, inspect authority, require reports. 21. The Department of Health, or the commissioner or their representatives, may visit, examine into, and inspect, the authority and may require, as often as desired, duly verified reports therefrom giving…

26:2I-22. Services of State departments or agencies The authority shall be entitled to call to its assistance and avail itself of the services of such employees of any State department or agency as it may require and as may be available to it for said purpose. L.1972, c. 29, s. 2…

26:2I-23 Power of State departments, agencies. 23. In order to provide new health care organizations and to enable the construction and financing thereof, to refinance indebtedness hereafter created by the authority for the purpose of providing one or more health care organizatio…

26:2I-24 Additional powers, duties relative to institutions, facilities. 24. In addition thereto the Commissioner of Human Services as to institutions operated by that department, the chief executive officer and the board of trustees of other State institutions, and the board of …

26:2I-25 Powers relative to revenue producing facilities. 25. In addition to the powers and duties with respect to health care organizations given under sections 23 and 24 of P.L.1972, c.29 (C.26:2I-23 and C.26:2I-24, respectively), the board of trustees or governing body of any …

26:2I-27 Powers exercised by resolution of governing body, trustees. 27. To the extent not otherwise expressly provided under existing law, all powers and duties conferred upon any State institution or Rutgers, The State University or any county, city or municipal health care org…

26:2I-28 Additional powers of authority relative to health care organizations. 28. In addition to the foregoing powers, the authority with respect to health care organizations shall have power: a. Upon application of the health care organization to construct, acquire or otherwise…

26:2I-29 Additional powers of authority in respect to loans. 29. The authority also shall have power: a. To make loans to any health care organization for the construction or acquisition of projects in accordance with a loan agreement. No such loan shall exceed the total cost of …

26:2I-3 Terms defined. 3. As used in this act, the following words and terms shall have the following meanings, unless the context indicates or requires another or different meaning or intent: "Authority" means the New Jersey Health Care Facilities Financing Authority created by …

26:2I-30. Power of health care organization to mortgage, pledge property, income 30. For the purpose of obtaining and securing loans under section 29 of P.L.1972, c.29 (C.26:2I-29) or subsection s. of section 5 of P.L.1972, c.29 (C.26:2I-5), every health care organization shall h…

26:2I-31 Deposit of moneys received from health care organizations. 31. Moneys of the authority received from any health care organization in payment of any sum due to the authority pursuant to the terms of any loan or other agreement or any bond, note or other evidence of indebt…

26:2I-32 Responsibility of authority relative to projects. 32. a. Whenever the authority under section 28 of P.L.1972, c.29 (C.26:2I-28) undertakes to construct, acquire or otherwise provide and operate and manage a project, the authority shall be responsible for the direct opera…

26:2I-33 Pledges of health care organizations. 33. Any pledge of moneys, earnings, income or revenues authorized with respect to health care organizations, pursuant to the provisions of this act, shall be valid and binding from the time when the pledge is made. The moneys, earnin…

26:2I-34 Participation in or acquisition of existing projects. 34. a. Whenever any health care organization has constructed or acquired any work or improvement which would otherwise qualify as a project under the preceding portions of this act except for the fact that such constr…

26:2I-35. Construction of act This act shall be liberally construed to effect the purpose thereof. L.1972, c. 29, s. 35.

26:2I-36. No liability or pledge of credit of State Nothing contained in this act shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, of the State. L.1972, c. 29, s. 36.

26:2I-37. Powers supplemental and not derogatory The foregoing sections of this act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other la…

26:2I-38 Inapplicability of inconsistent laws. 38. All laws, or parts thereof, inconsistent with this act are hereby declared to be inapplicable to the provisions of this act, except as otherwise provided. L.1972,c.29,s.38; amended 1997, c.435, s.20.

26:2I-39. Severability The provisions of this act shall be severable, and if any of the provisions hereof shall be held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of any of the remaining provisions of this act. L.1972, c. 29, s. 39.

26:2I-4 "New Jersey Health Care Facilities Financing Authority." 4. a. There is hereby established in the Department of Health, a public body corporate and politic, with corporate succession, to be known as the "New Jersey Health Care Facilities Financing Authority." The authorit…

26:2I-5 Powers of authority. 5. Powers of authority. The authority shall have power: a. To adopt bylaws for the regulation of its affairs and the conduct of its business and to alter and revise such bylaws from time to time at its discretion. b. To adopt and have an official seal…

26:2I-5.1 Authority financing not required. 21. The provisions of P.L.1972, c.29 (C.26:2I-1 et seq.) shall not be construed to require a health care organization as defined in section 3 of P.L.1972, c.29 (C.26:2I-3) which is seeking to finance a project, to obtain financing from …

26:2I-5.2 HCFFA, EDA powers relative to for profit projects. 22. Notwithstanding the provisions of P.L.1972, c.29 (C.26:2I-1 et seq.) to the contrary, nothing in that act shall be construed to provide the New Jersey Health Care Facilities Financing Authority with greater authorit…

26:2I-5.3 Prevailing wage rate for workers employed on projects with New Jersey Health Care Facilities Financing Authority involvement. 9. Each worker employed in the construction or rehabilitation of facilities undertaken in connection with loans, loan guarantees, expenditures, …

26:2I-5.4 Exercise of rights, powers or duties. 10. For the purpose of implementing the provisions of sections 9 through 11 of this act, the Commissioner of Labor and Workforce Development shall, and a worker employed in the performance of work subject to this act or the employer…

26:2I-5.5 Prevailing wage rules, regulations, adoption by New Jersey Health Care Financing Authority. 11. The New Jersey Health Care Facilities Financing Authority shall, in consultation with the Commissioner of Labor and Workforce Development, adopt rules and regulations, consis…

26:2I-5.6 Inapplicability of C.26:2I-5.3 through C.26:2I-5.5. 12. The provisions of sections 9 through 11 of this act shall not apply to construction and rehabilitation of facilities conducted entirely under contracts entered into prior to the effective date of this act or to the…

26:2I-7 Issuance of bonds authorized; maturity; terms. 7. a. The authority is authorized from time to time to issue its bonds for any corporate purpose and to fund and refund the same all as provided in this act. Such bonds may, at the discretion of the authority, be designated a…

26:2I-7.1. Payments, contracts to implement payment, for hospital asset transformation program 6. a. In each fiscal year, the State Treasurer shall pay from the General Fund to the authority, in accordance with a contract between the State Treasurer and the authority as provided …

26:2I-8. Bonds secured by trust agreement In the discretion of the authority, any bonds issued under the provisions of this act may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the …

26:2I-9. Bonds not liability of state or political subdivision Bonds issued under the provisions of this act shall not be deemed to constitute a debt or liability of the State or of any political subdivision thereof other than the authority, nor a pledge of the faith and credit o…

26:2J-1. Short title This act may be cited as the "Health Maintenance Organizations Act." L.1973, c. 337, s. 1, eff. Dec. 27, 1973.

26:2J-10. Information to enrollees a. Every health maintenance organization shall annually provide to its enrollees: (1) a summary of any material changes since the issuance of the last report; (2) a description of the available health care services and information as to where an…

26:2J-10.1 Coverage provided by health maintenance organization for subscriber's child. 13. a. A health maintenance organization contract or certificate in which dependent coverage is available shall continue to make that coverage available for an adult child until the child turn…

26:2J-10.2. Requirements applicable to State Medicaid 14. A health maintenance organization shall not impose requirements on the Division of Medical Assistance and Health Services in the Department of Human Services which has been assigned the rights of an individual who is eligi…

26:2J-10.3 Coverage for certain dependents until age 31 by health maintenance organization. 6. a. As used in this section, "dependent" means an enrollee's child by blood or by law who: (1) is 30 years of age or younger; (2) is unmarried; (3) has no dependent of his own; (4) is a …

26:2J-11. Annual open enrollment period a. After a health maintenance organization has been in operation 24 months, it shall have an annual open enrollment period of at least one month during which it accepts enrollees up to the limits of its capacity, as determined by the health…

26:2J-11.1. Failure to agree on terms; four-month extension; notification of options If a health maintenance organization authorized to operate in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) and a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et …

26:2J-12. Complaint system a. (1) Every health maintenance organization shall establish and maintain a complaint system to provide reasonable procedures for the resolution of written complaints initiated by enrollees concerning health care services. (2) Each health maintenance or…