Title 26, HEALTH AND VITAL STATISTICS

26:2H-12.6i Hospital, birthing center, policies, procedures, patient choice, doula; definitions. 1. a. As used in this section: "Commissioner" means the Commissioner of Health. "Birthing center" means a birthing center licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Do…

26:2H-12.7. Legislative findings and declarations The Legislature finds and declares that a person admitted to a general hospital often feels overwhelmed and uncertain as to his condition and course of treatment, and that the declaration of a bill of rights for hospital patients …

26:2H-12.70 Department to ensure compliance. 3. The Department of Health and Senior Services shall, in conjunction with its periodic inspection of a health care facility, ensure that the health care facility has established and is implementing a policy, procedure, plan, or practi…

26:2H-12.71 Violations, penalties. 4. a. Notwithstanding the provisions of any other law or rule or regulation to the contrary, only the penalties set forth in this section shall be imposed for any violation of this act. b. Any health care facility that fails to establish and imp…

26:2H-12.72 Rules, regulations. 5. The Department of Health and Senior Services, in consultation with the Department of Environmental Protection, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessar…

26:2H-12.73 Protocols established by general hospitals relative to SCTUs. 1. a. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall establish protocols to request immediate dispatch, timely patient pick-up from the sending hospital, and transport to …

26:2H-12.74 Rules, regulations. 2. The Commissioner of Health shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as are necessary to effectuate the purposes of this act. L.2013, c.67, s.2.

26:2H-12.75 Findings, declarations relative to pediatric respite care facilities. 1. The Legislature finds and declares that: a. Many children in the State with limited life expectancies or complex, life-limiting illnesses receive care at pediatric medical day care facilities, bu…

26:2H-12.76 "Pediatric respite care facility" defined. 2. For purposes of this act, "pediatric respite care facility" means a facility licensed by the Department of Health that provides home-like care in a facility for two weeks or less of respite care, or as necessary for end-of…

26:2H-12.77 Application for licensure. 3. An entity may apply to the Commissioner of Health for a license to establish a pediatric respite care facility in the State. In addition to any other requirements set forth by the Commissioner of Health, an applicant shall be required to …

26:2H-12.78 Rules, regulations. 4. The Commissioner of Health, in consultation with the Commissioners of Human Services and Children and Families, shall adopt such rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), …

26:2H-12.79 Definitions relative to certain health care facilities required to be equipped with generators. 1. a. As used in this section: "Commissioner" means the Commissioner of Community Affairs; "Department" means the Department of Community Affairs; "Distributed Energy Resou…

26:2H-12.8 Rights of persons admitted to a general hospital. 2. Every person admitted to a general hospital as licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall have the right: a. To considerate and respectful care consistent with sound nur…

26:2H-12.80 Hospital and physician incentive plan. 2. a. A hospital may establish a hospital and physician incentive plan, which shall meet the requirements set forth in sections 2, 3, and 4 of this act. b. A hospital that establishes a hospital and physician incentive plan shall…

26:2H-12.81 Applicability of plan. 3. a. Except for plans limited to specific clinical specialties or diagnosis related groups, a hospital and physician incentive plan shall apply to all admissions and all inpatient costs related to those admissions in a given program. Plans shal…

26:2H-12.82 Institutional and specialty specific goals. 4. a. A hospital steering committee shall establish institutional and specialty-specific goals related to patient safety, quality of care, and operational performance, which may incorporate specific patient management tasks,…

26:2H-12.83 Review of plans, authority of department. 5. a. The Department of Health shall review each hospital and physician incentive plan filed with the department at least once every six years to determine whether the plan is operated in compliance with this act and other rel…

26:2H-12.84 Shared clinical space for primary health care and behavioral health care services. 1. a. In order to promote the integrated provision of primary health care services and behavioral health care services by health care facilities in the State, and in order to reduce any…

26:2H-12.85 Rules, regulations. 2. Within 180 days after the effective date of this act, the Commissioners of Health and Human Services, in consultation with each other, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1…

26:2H-12.86 Facility offering behavioral health care services, policy for use of medical cannabis by qualifying patient. 43. a. The chief administrator of a facility that offers behavioral health care services shall develop a policy authorizing a parent, guardian, or designated c…

26:2H-12.87 Definitions, requirements for certain facilities relative to outbreak response plans. 1. a. As used in this section: "Cohorting" means the practice of grouping patients who are or are not colonized or infected with the same organism to confine their care to one area a…

26:2H-12.87a Statewide nursing home infection control, prevention infrastructure assessment. 1. a. The Department of Health shall conduct a Statewide nursing home infection control and prevention infrastructure assessment, which assessment shall include, at a minimum: (1) a count…

26:2H-12.87b Definitions; conditions for licensure. 2. a. As used in this section: "Assisted living facility" means an assisted living residence licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). "Cohorting" means the practice of grouping patients who are or are not coloni…

26:2H-12.88 Hospital emergency department to inquire about pregnancy history of certain patients. 1. Each hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that has an emergency department shall establish standards and protocols to ensure that each person of child…

26:2H-12.89 Rules, regulations. 2. The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as shall be necessary to implement the provisions of this act. L.2019, c.498, s.2.

26:2H-12.8a. Identification of staff member to patient 3. A general hospital, licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), shall require a student nurse or facility staff member to wear an identifying badge that includes the person's name and licensure status, and, if…

26:2H-12.9. Summary of rights given to all patients, posted in general hospital rooms The administrator of a general hospital shall insure that a written summary of the rights set forth in this act be given to the patient or his guardian upon admittance to the hospital and to eac…

26:2H-12.90 Long-Term Care Emergency Operations Center (LTCEOC) 1. a. There is established in the Department of Health the Long-Term Care Emergency Operations Center (LTCEOC), which shall serve as the centralized command and resource center for long-term care facility response ef…

26:2H-12.91 Regional medical coordination center model for disaster response. 2. a. No later than 180 days after the effective date of this act, the Department of Health shall, in consultation with the Emergency Medical Services Task Force and the Office of Emergency Management i…

26:2H-12.92 Duties of long-term care facility during infectious disease outbreak. 3. a. During an infectious disease outbreak occurring at a long-term care facility, or an epidemic or pandemic of an infectious disease affecting or likely to affect a long-term care facility, each …

26:2H-12.93 Available, appropriate sources of federal funding. 4. The Commissioner of Health and the Commissioner of Human Services shall take steps to ensure available and appropriate sources of federal funding provided to states in response to the COVID-19 pandemic are made ava…

26:2H-12.94 Report to National Healthcare Safety Network database. 5. a. During a public health emergency involving an infectious disease affecting or likely to affect a long-term care facility, the long-term care facility shall report to the National Healthcare Safety Network da…

26:2H-12.95 Electronic health record system. 6. a. No later than 270 days after the effective date of this act, each long-term care facility shall implement or upgrade to an electronic health record system certified by the Office of the National Coordinator for Health Information…

26:2H-12.96 Employment of certain homemaker-home health aides. 2. A long-term care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) may employ certified homemaker-home health aides to work as certified nurse aides, provided that the homemaker-home health aide is …

26:2H-12.97 Definitions relative to the prevention of social isolation in certain facilities. 1. As used in this act: "Cohorting" means the same as that term is defined by section 1 of P.L.2019, c.243 (C.26:2H-12.87). "Commissioner" means the Commissioner of Health. "Department" …

26:2H-12.98 Social isolation prevention policies required. 2. a. The Department of Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the practical availability of technology t…

26:2H-12.99 Inspections; violations, penalties. 3. a. Whenever the department conducts an inspection of a long-term care facility, the department's inspector shall determine whether the long-term facility is in compliance with the provisions of this act and the policies, protocol…

26:2H-12.9a. Revision of written summary, notice 2. A general hospital shall revise the written summary and written notice required pursuant to section 3 of P.L.1989, c.170 (C.26:2H-12.9) within 180 days of the effective date of this act to reflect the amendments made to section …

26:2H-12.9b. Short title 1. This act shall be known and may be cited as "Leonard Cohen's Law." L.2001,c.207,s.1.

26:2H-12.9c. Discharge summary required for transfer of patients 2. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall not transfer a patient to another health care facility unless the patient is accompanied by a complete discharge summary from the …

26:2H-12.9d. Noncompliance, penalties 3. A hospital that fails to comply with the provisions of section 2 of this act shall be subject to such penalties as the Commissioner of Health and Senior Services shall determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13…

26:2H-120 Construction of act with advance directive for health care. 20. Nothing in this act shall be construed to impair the legal force and effect of an advance directive for health care executed pursuant to P.L.1991, c.201 (C.26:2H-53 et seq.) either prior to or after the ena…

26:2H-121 Absence of directive, no presumption created. 21. The absence of an advance directive for mental health care 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 …

26:2H-122 Existing rights, obligations unaffected under health insurance programs. 22. The execution of an advance directive for mental health care pursuant to this act shall not in any manner affect, impair or modify the terms of, or rights or obligations created under, any exis…

26:2H-123 Validity of directive executed out-of-State. 23. An advance directive for mental health care 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 the purposes of this act. An advance direct…

26:2H-124 Priority of provisions of act. 24. a. (1) To the extent that any of the provisions of this act are inconsistent with P.L.2000, c.109 (C.46:2B-8.1 et seq.) concerning the designation of a mental health care representative, the provisions of this act shall have priority o…