ASSEMBLY, No. 3962

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 9, 2011

 


 

Sponsored by:

Assemblywoman  CELESTE M. RILEY

District 3 (Salem, Cumberland and Gloucester)

Assemblyman  JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

 

 

 

 

SYNOPSIS

     Requires certificate of need for hospital-based basic obstetric and pediatric services.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning a certificate of need requirement for basic obstetric and pediatric services and amending P.L.1998, c.43.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 16 of P.L.1998, c.43 (C.26:2H-7c) is amended to read as follows:

     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:

     Extracorporeal shock wave lithotripter;

     Hyperbaric chamber;

     Positron emission tomography;

     Residential drug and alcohol services;

     Ambulatory surgical facilities;

     [Basic obstetric and pediatric services and birth centers, including additions of basic obstetric and pediatric beds in hospitals] Birthing centers; and

     Linear accelerator, including Cobalt 60 unit.

     b.    Notwithstanding the provisions of subsection a. of this section to the contrary, if the Commissioner of Health and Senior Services determines that Department of Health and Senior Services licensing standards for a health care service or facility listed in subsection a. of this section have been adopted by regulation of the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner may exempt the health care service or facility from the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) prior to the 20-month period established in subsection a. of this section.

     The commissioner shall publish notice of any exemptions established pursuant to this subsection in the New Jersey Register and provide for 45 days' public notice prior to the effective date of the exemption.

     c.     In the case of any health care service or facility that is not exempted from the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) pursuant to this section or section 19 of P.L.1992, c.160 (C.26:2H-7a) and is not subject to expedited review, the commissioner shall publish a call schedule for the initiation of the services or facilities within 90 days of the date of enactment of this act.  In the event that the commissioner determines that there is insufficient need to support the initiation of the service or facility, the commissioner is authorized to cancel the call.  The commissioner shall provide public notice of the cancellation at least 45 days prior to the scheduled call date.

(cf: P.L.1998,c.43,s.16)

 

     2.    Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health and Senior Services shall adopt rules and regulations necessary to implement the provisions of this act.

 

     3.    This act shall take effect on the first day of the fourth month following the date of enactment.

 

 

STATEMENT

 

     This bill imposes a certificate of need (CN) requirement for hospital-based basic obstetric and pediatric services.

     A CN was required for these services beginning in the 1970s, but in 1998, they were exempted from the CN requirement. This bill reinstates the CN requirement, which means that, pursuant to section 34 of P.L.1991, c.187 (C.26:2H-5.8), the State Health Planning Board must review any application to add, close or eliminate the health care facility or service in question, and at least one public hearing must be held in the service area of the health care facility.

     The bill takes effect on the first day of the fourth month following the date of enactment.