N.J.S.A. 26:2H-5 — Commissioner's powers.

26:2H-5 Commissioner's powers. 5. a. The commissioner, to effectuate the provisions and purposes of this act, shall have the power to inquire into health care services and the operation of health care facilities and to conduct periodic inspections of such facilities with respect to the fitness and adequacy of the premises, equipment, personnel, rules and bylaws and the adequacy of financial resources and sources of future revenues. b. The commissioner, with the approval of the board, shall adopt and amend rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions and purposes of this act, including but not limited to: (1) the establishment of requirements for a uniform Statewide system of reports and audits relating to the quality of health care provided, health care facility utilization and costs; (2) certification by the department of schedules of rates, payments, reimbursement, grants and other charges for health care services as provided in section 18; and (3) standards and procedures relating to the licensing of health care facilities and the institution of certain additional health care services. c. The commissioner may enter into contracts with any government agency, institution of higher learning, voluntary nonprofit agency, or appropriate planning agency or council; and such entities are authorized to enter into contracts with the commissioner to effectuate the provisions and purposes of this act. d. The commissioner may provide consultation and assistance to health care facilities in operational techniques, including but not limited to, planning, principles of management, and standards of health care services, and, in the case of a general hospital, to appoint a monitor if the commissioner determines that a monitor is warranted for a hospital that is in financial distress or at risk of being in financial distress, and to participate in the development and oversight of corrective measures to resolve a hospital's financial or potential financial difficulties, pursuant to section 2 of P.L.2008, c.58 (C.26:2H-5.1a). e. At the request of the commissioner, health care facilities shall furnish to the Department of Health and Senior Services such reports and information as it may require to effectuate the provisions and purposes of this act, excluding confidential communications from patients. f. The commissioner may institute or cause to be instituted in a court of competent jurisdiction proceedings to compel compliance with the provisions of this act or the determinations, rules, regulations and orders of the commissioner. g. Notwithstanding any rules and regulations governing private long-term health care facilities and enforcing the 1967 Life Safety Code, as amended and supplemented, the commissioner shall permit third floor occupancy of such facilities by owners, members of their immediate families, and licensed professionals employed at such facilities. L.1971, c.136, s.5; amended 1977, c.251, s.2; 1998, c.43, s.3; 2008, c.58,s.1. 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 inspection conducted by the Joint Commission for the Accreditation of Healthcare Organizations to prevent duplication during the inspection process. L.1991,c.187,s.81. 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 fifth vital sign in patients, in addition to blood pressure, pulse, respiration, and temperature. For the purpose of this subsection, the commissioner shall require health care facilities to: (1) routinely inquire whether a patient is in pain; (2) maintain policies and procedures as prescribed by the commissioner for asking patients to rate their degree of pain for a specified period of time and to record their responses; and (3) routinely record levels of pain intensity on patient charts. b. The requirements to be adopted pursuant to subsection a. of this section shall take effect no later than the 180th day after the effective date of this act. L.2000, c.62, s.1; amended 2012, c.17, s.154. 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 minimum, with: the State Board of Medical Examiners, the New Jersey Board of Nursing, the Board of Pharmacy, the New Jersey Hospital Association, the New Jersey Association of Health Care Facilities, the Medical Society of New Jersey, the New Jersey Association of Osteopathic Physicians and Surgeons, the New Jersey State Nurses Association, the Home Health Assembly of New Jersey, and the New Jersey Hospice and Palliative Care Organization. L.2000, c.62, s.2; amended 2012, c.17, s.155. 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 of enactment of this act, each home health agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall provide the following information to each patient receiving home-based services from that agency, or to a person designated by the patient: (1) the name and certification or licensure title, as applicable, of the homemaker-home health aide or other health care professional whose practice is regulated pursuant to Title 45 of the Revised Statutes, to be displayed on an identification tag as required for homemaker-home health aides by regulation of the New Jersey Board of Nursing, or as otherwise to be prescribed by regulation of the commissioner for other health care professionals, that the homemaker-home health aide or other health care professional shall wear at all times while examining, observing, or caring for the patient; and (2) a copy of the most current edition of the consumer guide to homemaker-home health aides published by the New Jersey Board of Nursing. b. The consumer guide required pursuant to subsection a. of this section shall be provided: (1) in advance of the provision of services to the patient, whenever possible; and (2) otherwise upon the homemaker-home health aide's initial visit to the patient's home. c. Beginning on the first day of the 13th month after the date of enactment of this act, the identification tag required pursuant to subsection a. of this section shall include a photograph of the homemaker-home health aide or other health care professional. d. The commissioner, 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 section. L.2002, c.81, s.1; amended 2012, c.17, s.156. 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 services for bleeding episodes associated with hemophilia, comply with the standards for a provider as provided in subsection a. of section 1 of P.L.2001, c.121 (C.26:2S-10.1). A home health agency that provides home treatment services that include treatment services for bleeding episodes associated with hemophilia that fails to comply with the requirements of this section or the standards provided in subsection a. of section 1 of P.L.2001, c.121 (C.26:2S-10.1) shall be subject to such administrative penalties or disciplinary action as the Commissioner of Health shall prescribe by regulation. L.2019, c.322, s.1. 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 day after the effective date of this act and as prescribed by regulation of the Commissioner of Health, adopt and maintain written policies and procedures to delineate the responsibilities of its staff for prompt notification of a family member, guardian, or other designated person about a patient's death and confirmation and written documentation of that notification. L.2004, c.90, s.1; amended 2012, c.17, s.157. 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 they are receiving health care services, are entitled to have access to the information that is required to be posted and otherwise provided to members of the public under this act about direct patient or resident care staffing levels at the facility. L.2005,c.21,s.1. 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 request to a member of the public, information detailing for each unit and for the end of the prevailing shift, as appropriate: (1) the number of registered professional nurses providing direct patient care and the ratio of patients to registered professional nurses; (2) the number of licensed practical nurses providing direct patient care and the ratio of patients to licensed practical nurses; (3) the number of certified nurse aides providing direct patient care and the ratio of patients to certified nurse aides; (4) the number of other licensed or registered health care professionals meeting State staffing requirements; and (5) the methods used by the hospital for determining and adjusting direct patient care staffing levels. b. (1) A nursing home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall compile, and shall include with the information about health care professionals who are directly responsible for resident care, which it is required under federal law to post in areas where this information can be viewed by residents and members of the public, information that details the ratio of these health care professionals to residents for that particular day on each shift. (2) The nursing home shall also provide to a member of the public, upon request, the information that is posted in accordance with the provisions of paragraph (1) of this subsection. c. The information that is posted pursuant to subsections a. and b. of this section shall be displayed in a manner that is visible and accessible to all patients or residents, as applicable, their families and caregivers in the facility, as determined by regulation of the Commissioner of Health and Senior Services and subject to the applicable requirements of federal law. d. A general hospital and nursing home shall report the information compiled pursuant to subsection a. or b. of this section, respectively, to the commissioner on a monthly basis, on a form and in a manner prescribed by the commissioner. The commissioner shall make this information available to the public on a quarterly basis, accompanied by a written explanation, which the commissioner shall prepare in consultation with the Quality Improvement Advisory Committee established by the commissioner, to assist members of the public in interpreting the information reported pursuant to this section. e. A general hospital or nursing home that fails to comply with the provisions of this act, or any rules or regulations adopted pursuant thereto, shall be subject to a penalty as determined by the commissioner pursuant to sections 13 and 16 of P.L.1971, c.136 (C.26:2H-13 and C.26:2H-16). L.2005,c.21,s.2. 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 Committee established by the commissioner. The regulations shall include, but not be limited to, procedures for standardizing the reporting of information by general hospitals and nursing homes that is required pursuant to subsection d. of section 2 of this act. L.2005, c.21, s.3; amended 2012, c.17, s.158. 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 and made available on the website of the Department of Health, shall be designed to inform members of the public about maternity care provided in each general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), so that a member of the public is able to make an informed comparison. L.2018, c.82, s.1. 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) for a vaginal delivery, which shall include the rate of maternal hemorrhage, laceration, infection, or other complication as prescribed by the Commissioner of Health; and (2) for a cesarean delivery, which shall include the rate of maternal hemorrhage, infection, operative complication, or other complication as prescribed by the Commissioner of Health. L.2018, c.82, s.2. 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 recommended by the American Congress of Obstetricians and Gynecologists. L.2018, c.82, s.3. 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 with a non-governmental entity that is licensed as a home health care agency to provide direct services, administration, and financial services on behalf of the governmental home health care agency, provided that the governmental body that is the licensed operator retains ultimate control over key governance responsibilities. Any such contractual arrangement shall be subject to approval by the Department of Health. Nothing in this section shall be construed to supersede any applicable law or regulation concerning public bidding, licensure of non-governmental home health care agencies, or reimbursement for publicly funded health care programs. L.2019, c.173, s.1. 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.173, s.2. 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 authorized representative, or an authorized third party requests, in writing, a copy of individual admission records, the hospital shall provide a legible paper or electronic reproduction of the requested records within the dates requested to the patient, the patient's legally authorized representative, or the authorized third party within 30 days of the request, in accordance with the following: (1) (a) For a request by a patient or the patient's legally authorized representative for a medical record, whether such record is stored electronically, on microfilm or microfiche, or on paper, the fee for reproducing the record shall not exceed $1 per page or $50 per individual admission record, whichever is less. The fee for reproducing a medical record shall not exceed $50 per individual admission or patient record, exclusive of any additional fees specified in paragraph (3) of this subsection; (b) If a patient requests a copy of the patient's own medical records in accordance with the federal "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, the requirements provided under 45 C.F.R. 164.524(b) with respect to the time required to respond to such requests and the applicable fees shall apply; (c) A hospital shall not charge any fee to provide an electronic or paper reproduction of a billing record requested by a patient, or a patient's legally authorized representative; (d) For a request by an authorized third party, the fee for reproducing medical and billing records that are not stored on microfilm or microfiche shall be no more than $1 per page, and the fee for reproducing records stored on microfilm or microfiche shall be $1.50 per image; and (e) A fee for the reproduction of x-rays or any other material that cannot be routinely copied or duplicated on a commercial photocopy machine, which shall be no more than $15 per printed image or $30 per compact disc (CD) or digital video disc (DVD), plus an administrative fee of $10. (2) Delivery of an electronic reproduction of a patient's medical or billing record shall be required only if: (a) the entire request can be reproduced from an electronic health record system; (b) the record is specifically requested to be delivered in electronic format; and (c) the record can be delivered electronically. (3) In addition to per-page fees, a hospital shall apply the following charges for patients, patients' legally authorized representatives, and authorized third parties: (a) a search fee of no more than $20 per request; provided that no search fee shall be charged to a patient who is requesting the patient's own record. If a search fee may be charged under this subparagraph, the fee shall apply even if no medical records are found as a result of the search; (b) (Deleted by amendment, P.L.2022, c.114) (c) a fee for certification of a copy of a medical record of no more than $10 per certification; and (d) costs for delivering records in any medium, plus sales tax, if applicable. (4) The fees established in this subsection shall be charged for electronic reproductions as well as paper copies of medical records. (5) The hospital shall establish a policy assuring access to copies of medical records for patients who do not have the ability to pay for the copies. (6) The hospital shall establish a fee policy providing an incentive for the use of abstracts or summaries of medical records; however, a patient and a patient's legally authorized representative shall have the right to receive a full or certified copy of the medical record. (7) Subject to the requirements of paragraph (2) of this subsection, medical and billing records shall be delivered in the manner specified by the requestor, which may include, but shall not be limited to, mailing the record to any address or faxing the record to any number specified by the requestor, including the requestor's attorney. Subject to the requirements of federal law, the method of delivery specified by a requestor shall not affect the fees that would ordinarily apply to the request under paragraphs (1) and (3) of this subsection, subject to any policies established pursuant to paragraphs (5) and (6) of this subsection and subject to the provisions of subsections c. and d. of this section. b. Access to a copy of a patient's medical record shall be limited only to the extent necessary to protect the patient. The patient's attending physician shall provide a verbal explanation for any denial of access to the patient, legally authorized representative, or authorized third party, and shall document the denial and explanation in the medical record. In the event that direct access to a copy by the patient is medically contraindicated, as documented by a physician in the patient's medical record, the hospital shall not limit access to the record to a legally authorized representative of the patient, an authorized third party, or the patient's attending physician. c. A hospital shall not assess any fees or charges for a copy of individual admission records as provided herein other than those provided for in this section. d. The fees authorized by this section shall not be imposed on: (1) A patient who does not have the ability to pay and who presents either: (a) a statement certifying to annual income at or below 250 percent of the federal poverty level; or (b) proof of eligibility for, or enrollment in, a State or federal assistance program including, but not limited to: the federal Supplemental Nutrition Assistance Program established pursuant to the "Food and Nutrition Act of 2008," Pub.L.110-246 (7 U.S.C. s.2011 et seq.); the federal Supplemental Security Income program established pursuant to Title XVI of the federal Social Security Act, Pub.L.92-603 (42 U.S.C. s.1381 et seq.); the National School Lunch Program established pursuant to the "Richard B. Russell National School Lunch Act," Pub.L.79-396 (42 U.S.C. s.1751 et seq.); the federal special supplemental food program for women, infants, and children established pursuant to Pub.L.95-627 (42 U.S.C. s.1786); the State Medicaid program established pursuant to the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.); the NJ FamilyCare Program established pursuant to the "Family Health Care Coverage Act," P.L.2005, c.156 (C.30:4J-8 et al.); the Work First New Jersey program established pursuant to the "Work First New Jersey Act," P.L.1997, c.38 (C.44:10-55 et seq.); the New Jersey Supplementary Food Stamp Program established pursuant to the "New Jersey Supplementary Food Stamp Program Act," P.L.1998, c.32 (C.44:10-79 et seq.); any successor program; or any other State or federal assistance program now or hereafter established by law; (2) A not-for-profit corporation indicating in writing that it is representing a patient; (3) A health care practitioner; (4) An attorney representing a patient on a pro bono basis, provided that the attorney submits with the request a certification that the attorney is representing the patient on a pro bono basis. An attorney representing a patient on a contingency fee basis shall be assessed the ordinary fees to obtain a copy of individual admission records; or (5) A patient or an attorney representing a patient who has a pending application for, or is currently receiving, federal Social Security disability benefits provided under Title II or Title XVI of the federal Social Security Act, Pub.L.92-603 (42 U.S.C. s.1351 et al.). e. As used in this section: "Authorized third party" means a third party, who is not a legally authorized representative of the patient, with a valid authorization, subpoena, legal process, or court order granting access to a patient's medical or billing records. "Legally authorized representative" means: the patient's spouse, domestic partner, or civil union partner; the patient's immediate next of kin; the patient's legal guardian; the patient's attorney; the patient's automobile insurer; or the patient's worker's compensation carrier, if the carrier is authorized to access to the patient's treatment or billing records by contract or law, provided that access by a worker's compensation carrier shall be limited only to that portion of the treatment or billing record that is relevant to the specific work-related incident at issue in the worker's compensation claim. L.2019, c.217, s.1; amended 2021, c.359, s.1; 2021, c.427; 2022, c.114, s.1. 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. "Hospice care" 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 that provides care and services to hospice patients and to hospice patients' families, through a medically directed interdisciplinary team, under interdisciplinary plans of care in order to meet the physical, psychological, social, spiritual, and other special needs that are experienced during the final stages of illness, dying, and bereavement. A hospice care program includes: nursing care by or under the supervision of a registered professional nurse; physical, occupational, or speech or language therapy; medical social services by a certified or licensed social worker under the direction of a physician; services of a certified home health aide; medical supplies, including drugs and biologicals, and the use of medical appliances related to terminal diagnosis; physician's services; short-term inpatient care, including both palliative and respite care and procedures; spiritual and other counseling for hospice patients and hospice patients' families; services of volunteers under the direction of the provider of the hospice care program; and bereavement services for hospice patients' families. "Medical care" means services provided, requested, or supervised by a physician, physician assistant, or advanced practice nurse. "Palliative care" means patient-centered and family-centered medical care that optimizes quality of life by anticipating, preventing, and treating suffering caused by serious illness. Palliative care throughout the continuum of illness involves addressing physical, emotional, social, and spiritual needs and facilitating patient autonomy, access to information, and choice. Palliative care includes, but is not limited to: comprehensive pain and symptom management and discussion of treatment options appropriate to the patient, including hospice care, when appropriate. "Serious illness" means any medical illness or physical injury or condition that substantially impacts quality of life for more than a short period of time. Serious illness includes, but is not limited to: cancer; heart, renal, or liver failure; lung disease; and Alzheimer's disease and related dementias. L.2019, c.227, s.1. 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 the program is to maximize the effectiveness of palliative care and hospice care initiatives in the State by ensuring that comprehensive and accurate information and education about palliative care and hospice care are available to the public, to health care providers, and to health care facilities. c. The Palliative Care and Hospice Care Advisory Council, established pursuant to section 4 of P.L.2019, c.227 (C.26:2H-5r) shall, in collaboration with the Cancer Institute of New Jersey, develop and implement the program established under this section, including developing and implementing any initiatives regarding palliative care and hospice care services and education that the council determines would further the purposes of this section. L.2019, c.227, s.2. 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 provide information about appropriate palliative care and hospice care services to patients and residents with a serious illness or, in the event the patient or resident lacks capacity to make health care decisions, to a family member or other person legally authorized to make health care decisions for the patient or resident. b. If a hospital, nursing home, or facility fails to comply with the requirements of subsection a. of this section, the Commissioner of Health may require the hospital, nursing home, or facility to provide a plan of action to bring the hospital, nursing home, or facility into compliance. c. In implementing the provisions of this section, the department shall: (1) consult with the Palliative Care and Hospice Care Advisory Council established pursuant to section 4 of P.L.2019, c.227 (C.26:2H-5r); and (2) take into account factors that may impact the ability of a hospital, nursing home, or facility to comply with the requirements of subsection a. of this section. These factors may include, but are not limited to: the size of the hospital, nursing home, or facility; access and proximity to palliative care and hospice care services, including the availability of palliative care and hospice care board-certified practitioners and related workforce staff; and geographic factors. L.2019, c.227, s.3. 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 the provisions of P.L.2019, c.227 (C.26:2H-5o et seq.), including establishing the Palliative Care and Hospice Care Consumer and Professional Information and Education Program pursuant to section 2 of P.L.2019, c.227 (C.26:2H-5p), developing and facilitating the provision of information about palliative care and hospice care for the purposes of section 3 of P.L.2019, c.227 (C.26:2H-5q), and developing resources and programs to facilitate access to palliative care and hospice care services for patients and residents. c. (1) The council shall be comprised of eleven members, to be appointed as follows: one member of the Senate appointed by the Senate President; one member of the General Assembly appointed by the Speaker of the General Assembly; three public members appointed by the Senate President; threepublic members appointed by the Speaker of the General Assembly; and three public members appointed by the Governor. (2) In selecting the public members, the Senate President, the Speaker of the General Assembly, and the Governor shall seek to include persons who have experience, training, or academic background in issues related to the provision of palliative care or hospice care, with an emphasis on addressing physical, emotional, social, and spiritual needs and facilitating patient autonomy, access to information, and choice. Seven of the nine public members shall be comprised as follows: one physician, one advanced practice nurse or physician assistant, one nurse, one social worker, one chaplain, one pediatric oncologist, and one hospice administrator. The public members shall be board certified or have a hospice and palliative care certification, as appropriate to their discipline. Selections of public members may be made in consultation with: the State Board of Medical Examiners, the New Jersey Board of Nursing, the Physician Assistant Advisory Committee, the Board of Pharmacy, the New Jersey Hospital Association, the Health Care Association of New Jersey, the Medical Society of New Jersey, the New Jersey Association of Osteopathic Physicians and Surgeons, the New Jersey State Nurses Association, the Home Care and Hospice Association of New Jersey, LeadingAge New Jersey, the New Jersey State Society of Physician Assistants, and the New Jersey Hospice and Palliative Care Organization. d. All appointments shall be made within 30 days after the effective date of P.L.2019, c.227 (C.26:2H-5o et seq.). e. The public members shall serve for a term of five years; but, of the members first appointed, three shall serve for a term of three years, three for a term of four years, and three for a term of five years. Members are eligible for reappointment upon the expiration of their terms. Vacancies in the membership shall be filled in the same manner as the original appointments. f. The council shall organize as soon as is practicable upon the appointment of a majority of its members, and shall select a chairperson from among the members. g. The members of the council shall serve without compensation but may be reimbursed, within the limits of funds made available to the council, for necessary travel expenses incurred in the performance of their duties. h. The council shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes. i. The Department of Health shall provide staff support to the council. L.2019, c.227, s.4. 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 care services for patients treated in the emergency department for whom palliative care is appropriate. The plan shall include: (1) the adoption of a standardized screening tool , as recommended by the Department of Health, for use by health care professionals in the emergency department to facilitate the identification of patients who present to the emergency department for acute symptom management, pain relief, or otherwise, who would benefit from palliative care services; (2) the provision of patient-centered information , as developed by the Department of Health, concerning the benefits of palliative care, the conditions, diagnoses, and disease stage for which palliative care is generally appropriate, and referrals to providers of outpatient palliative care services, when appropriate; and (3) consideration of the unique needs of patients with intellectual or developmental disabilities or behavioral health issues who present to the emergency department and for whom palliative care may be indicated. L.2019, c.421, s.1.

This is the verbatim text of N.J.S.A. 26:2H-5, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.