Title 26, HEALTH AND VITAL STATISTICS

26:2H-118 Joint evaluation, report to Governor, Legislature. 18. The Department of Health and the Department of Human Services shall jointly evaluate the implementation of this act and report to the Governor and the Legislature, including recommendations for any changes deemed ne…

26:2H-119 Immunity from criminal, civil liability. 19. a. A mental 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 directi…

26:2H-12 Operation, requirements for certain health care facilities; application for license; fee. 12. a. No health care service or health care facility shall be operated unless it shall: (1) possess a valid license issued pursuant to this act, which license shall specify the kin…

26:2H-12.1. Health care facility to provide privileges for podiatrists, psychologists 1. a. Any health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), which provides medical or surgical care, shall provide for the use of the facility by, and appropriate pr…

26:2H-12.10. Filing of complaint A patient may file a written complaint against a hospital for a failure to comply with the provisions of this act, or any rule or regulation adopted pursuant to this act, either with the hospital or the Department of Health. The hospital or the De…

26:2H-12.100 Stockpiling of personal protective equipment in long-term care facilities, hospitals. 1. a. Each long-term care facility shall make a good faith effort to maintain an adequate emergency stockpile of personal protective equipment necessary to meet the facility's need …

26:2H-12.101 Definitions concerning resident rights in long-term care facilities. 1. As used in this act: "Gender expression" means a person's gender-related appearance and behavior, whether or not stereotypically associated with the person's assigned sex at birth. "Gender identi…

26:2H-12.102 Prohibited actions by staff. 2. a. Except as provided in subsection b. of this section, a long-term care facility and long-term care facility staff shall be prohibited from taking any of the following actions based in whole or in part on a person's actual or perceive…

26:2H-12.103 Information included in resident records. 3. Each long-term care facility shall ensure that resident records, including records generated at the time of admission, include the resident's gender identity and the resident's chosen name and pronouns, as indicated by the…

26:2H-12.104 Confidentiality of certain resident information. 4. a. Unless required by State or federal law, a long-term care facility shall not disclose any personal identifying information regarding: (1) a resident's sexual orientation; (2) whether a resident is transgender or …

26:2H-12.105 Violations, civil penalties, administrative action. 5. A long-term care facility that violates the requirements of this act, or that employs a staff member who violates the requirements of this act, shall be subject to civil penalties or other administrative action a…

26:2H-12.106 Training for administrators, staff. 6. a. Each long-term care facility shall ensure that the administrators and staff at the long-term care facility receive training, on at least a biennial basis, concerning: (1) caring for LGBTQI seniors and seniors living with HIV;…

26:2H-12.107 Rules, regulations. 7. The Commissioner of Health and the Commissioner of Human Services shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as may be necessary to implement the provisions of this a…

26:2H-12.107a Definitions; long-term care facility pharmacists, pharmaceutical services. 1. a. As used in this act: "Long-term care facility" means a facility or distinct part of a facility licensed by the New Jersey Department of Health as a long-term care facility. “Pharmacist”…

26:2H-12.108 Hospital, birthing center to provide bias training. 1. a. Every hospital that provides inpatient maternity services and every birthing center licensed in the State pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall implement an evidence-based explicit and implicit…

26:2H-12.109 Licensed general acute care hospital addressing homelessness, housing insecurity. 1. a. A general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) may adopt as part of its mission the goal of addressing issues related to homelessness or ho…

26:2H-12.109a Behavioral health care provider, services, emergency homeless shelters, authorized; definitions. 1. a. As used in this section: "Behavioral health care" means procedures or services, other than primary health care services, which are provided by a health care practi…

26:2H-12.11. Rules, regulations The Commissioner of Health is authorized to adopt rules and regulations in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act. L.1989,c.170,s.5.

26:2H-12.110 Definitions. 1. a. As used in this section: "Health care facility" means a health care facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Health care facility" does not mean a long-term care facility, a provider of adult m…

26:2H-12.111 Definitions. 1. As used in this act: “Community access location” shall mean a facility that includes the following components and provides the following services to all patients without regard to their ability to pay: forty-eight medical surgical/observation beds wit…

26:2H-12.112 “Continued Access in Underserved Communities Pilot Program” established. 2. a. Notwithstanding the provision of any law or regulation to the contrary, in order to ensure continued access to care for patients residing in underserved communities, the Department of Heal…

26:2H-12.113 Requirements to receive financial assistance from the Department of Health. 3. a. Any hospital that participates in the pilot program shall apply for and receive financial assistance from the Department of Health to cover the anticipated costs associated with develop…

26:2H-12.114 Pilot program to expire; maintaining inpatient and outpatient psychiatric services. 6. a. This act shall take effect immediately, and the pilot program shall expire ten years from the date on which a participating hospital has obtained a certificate of occupancy for …

26:2H-12.12 Responsibility of health care facilities for filing claims. 14. Effective 12 months after the adoption of regulations establishing standard health care enrollment and claim forms by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.…

26:2H-12.13 Posting of drinking water test reports by general hospitals. 3. a. The owner or operator of a general hospital who is required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," (42 U.S.C.s.300f et al.), or who receiv…

26:2H-12.14 Posting of drinking water test reports by rehabilitation centers, extended care facilities, nursing homes. 4. a. The owner or operator of a rehabilitation center, extended care facility, skilled nursing home, or nursing home who is required to prepare a Consumer Confi…

26:2H-12.15 Regulations on use of unlicensed assistive personnel. 2. a. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations governing the use of unlicensed assistive personnel in licensed health…

26:2H-12.16 Definitions relative to residential facilities for Medicaid recipients; 10 percent utilization requirement. 1. a. For the purposes of this act, "Medicaid" means the program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and "Medicaid-eligible" means that …

26:2H-12.17 Waiver of utilization requirement. 2. The Commissioner of Health may waive the 10% utilization requirement or reduce the required percentage by regulation for specific regions of the State or Statewide if the commissioner determines that sufficient numbers of assisted…

26:2H-12.18 Reserve requirement as fulfillment of utilization requirements. 3. The 10% reserve requirement of this act shall be recognized to fulfill all or a portion, as applicable, of low and moderate income or Medicaid utilization requirements contained in municipal ordinances…

26:2H-12.19 Construction of act. 4. Nothing in this act shall be construed to: prohibit an existing assisted living residence, comprehensive personal care home or assisted living program, which is not affected by this act, from participating in the Medicaid program; or create an …

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…