[First Reprint]

SENATE, No. 2072

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JUNE 14, 2012

 


 

Sponsored by:

Senator  THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Reorganizes and renames DHSS as Department of Health; establishes Division of Aging Services in DHS.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Budget and Appropriations Committee on June 21, 2012, with amendments.

  


An Act reorganizing and renaming the Department of Health and Senior Services as the Department of Health, establishing a Division of Aging Services in the Department of Human Services and transferring certain services for senior citizens from the Department of Health and Senior Services to the division, revising various parts of the statutory law, and supplementing Titles 26 and 30 of the Revised Statutes.

 

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

 

     1.    Section 10 of P.L.2004, c.17 (C.2A:62A-1.3) is amended to read as follows:

     10.  a.  If an individual's actual health care facility duty, including on-call duty, does not require a response to a patient emergency situation, a health care professional who, in good faith, responds to a life-threatening emergency or responds to a request for emergency assistance in a life-threatening emergency within a hospital or other health care facility, is not liable for civil damages as a result of an act or omission in the rendering of emergency care.  The immunity granted pursuant to this section shall not apply to acts or omissions constituting gross negligence, recklessness, or willful misconduct.

     b.    The provisions of subsection a. of this section shall not apply to a health care professional if a provider-patient relationship existed before the emergency, or if consideration in any form is provided to the health care professional for the service rendered.

     c.     The provisions of subsection a. of this section do not diminish a general hospital's responsibility to comply with all Department of Health [and Senior Services] licensure requirements concerning medical staff availability at the hospital.

     d.    A health care professional shall not be liable for civil damages for injury or death caused in an emergency situation occurring in the health care professional's private practice or in a health care facility on account of a failure to inform a patient of the possible consequences of a medical procedure when the failure to inform is caused by any of the following:

     (1)   the patient was unconscious;

     (2)   the medical procedure was undertaken without the consent of the patient because the health care professional reasonably believed that the medical procedure should be undertaken immediately and that there was insufficient time to fully inform the patient; or

     (3)   the medical procedure was performed on a person legally incapable of giving informed consent, and the health care professional reasonably believed that the medical procedure should be undertaken immediately and that there was insufficient time to obtain the informed consent of the person authorized to give such consent for the patient.

     The provisions of this subsection shall apply only to actions for damages for an injury or death arising as a result of a health care professional's failure to inform, and not to actions for damages arising as a result of a health care professional's negligence in rendering or failing to render treatment.

     e.     As used in this section:

     (1)   "Health care professional" means a physician, dentist, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes and an emergency medical technician or mobile intensive care paramedic certified by the Commissioner of Health [and Senior Services] pursuant to Title 26 of the Revised Statutes; and

     (2)   "Health care facility" means a health care facility licensed by the Department of Health [and Senior Services] pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) and a psychiatric hospital operated by the Department of Human Services and listed in R.S.30:1-7.

(cf: P.L.2004, c.17, s.10)

 

     2.    N.J.S.2C:35-2 is amended to read as follows:

     2C:35-2. As used in this chapter:

     "Administer" means the direct application of a controlled dangerous substance or controlled substance analog, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:  (1) a practitioner (or, in his presence, by his lawfully authorized agent), or (2) the patient or research subject at the lawful direction and in the presence of the practitioner.

     "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof.

     "Controlled dangerous substance" means a drug, substance, or immediate precursor in Schedules I through V, any substance the distribution of which is specifically prohibited in N.J.S.2C:35-3, in section 3 of P.L.1997, c.194 (C.2C:35-5.2), in section 5 of P.L.1997, c.194 (C.2C:35-5.3), or in section 2 of P.L.2011, c.120 (C.2C:35-5.3a), and any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the human body. When any statute refers to controlled dangerous substances, or to a specific controlled dangerous substance, it shall also be deemed to refer to any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance or the specific controlled dangerous substance, and to any substance that is an immediate precursor of a controlled dangerous substance or the specific controlled dangerous substance. The term shall not include distilled spirits, wine, malt beverages, as those terms are defined or used in R.S.33:1-1 et seq., or tobacco and tobacco products.  The term, wherever it appears in any law or administrative regulation of this State, shall include controlled substance analogs.

     "Controlled substance analog" means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance.  The term shall not include a substance manufactured or distributed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the "Federal Food, Drug and Cosmetic Act," 52 Stat. 1052 (21 U.S.C. s.355).

     "Counterfeit substance" means a controlled dangerous substance or controlled substance analog which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed [such] the substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.

     "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled dangerous substance or controlled substance analog, whether or not there is an agency relationship.

     "Dispense" means to deliver a controlled dangerous substance or controlled substance analog to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. "Dispenser" means a practitioner who dispenses.

     "Distribute" means to deliver other than by administering or dispensing a controlled dangerous substance or controlled substance analog.  "Distributor" means a person who distributes.

     Drugs" means (a) substances recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (c) substances (other than food) intended to affect the structure or any function of the body of man or other animals; and (d) substances intended for use as a component of any article specified in subsections (a), (b), and (c) of this section; but does not include devices or their components, parts 1,1 or accessories.

     "Drug or alcohol dependent person" means a person who as a result of using a controlled dangerous substance or controlled substance analog or alcohol has been in a state of psychic or physical dependence, or both, arising from the use of that controlled dangerous substance or controlled substance analog or alcohol on a continuous or repetitive basis. Drug or alcohol dependence is characterized by behavioral and other responses, including but not limited to a strong compulsion to take the substance on a recurring basis in order to experience its psychic effects, or to avoid the discomfort of its absence.

     "Hashish" means the resin extracted from any part of the plant Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or preparation of such resin.

     Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled dangerous substance or controlled substance analog by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled dangerous substance:  (1) by a practitioner as an incident to his administering or dispensing of a controlled dangerous substance or controlled substance analog in the course of his professional practice, or (2) by a practitioner (or under his supervision) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

     "Marijuana" means all parts of the plant Genus Cannabis L., whether growing or not; the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of [such] the plant or its seeds, except those containing resin extracted from [such] the plant; but shall not include the mature stalks of [such] the plant, fiber produced from [such] the stalks, oil, or cake made from the seeds of [such] the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of [such] mature stalks, fiber, oil, or cake, or the sterilized seed of [such] the plant which is incapable of germination.

     "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

     (a)   Opium, coca leaves, and opiates;

     (b)   A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;

     (c)   A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subsections (a) and (b), except that the words "narcotic drug" as used in this act shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecogine.

     "Opiate" means any dangerous substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability.  It does not include, unless specifically designated as controlled pursuant to the provisions of section 3 of P.L.1970, c.226 (C.24:21-3), the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).  It does include its racemic and levorotatory forms.

     "Opium poppy" means the plant of the species Papaver somniferum L., except the seeds thereof.

     "Person" means any corporation, association, partnership, trust, other institution or entity1,1 or one or more individuals.

     "Plant" means an organism having leaves and a readily observable root formation, including, but not limited to, a cutting having roots, a rootball or root hairs.

     "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

     "Practitioner" means a physician, dentist, veterinarian, scientific investigator, laboratory, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance or controlled substance analog in the course of professional practice or research in this State.

     (a)   "Physician" means a physician authorized by law to practice medicine in this or any other state and any other person authorized by law to treat sick and injured human beings in this or any other state.

     (b)   "Veterinarian" means a veterinarian authorized by law to practice veterinary medicine in this State.

     (c)   "Dentist" means a dentist authorized by law to practice dentistry in this State.

     (d)   "Hospital" means any federal institution, or any institution for the care and treatment of the sick and injured, operated or approved by the appropriate State department as proper to be entrusted with the custody and professional use of controlled dangerous substances or controlled substance analogs.

     (e)   "Laboratory" means a laboratory to be entrusted with the custody of narcotic drugs and the use of controlled dangerous substances or controlled substance analogs for scientific, experimental1,1 and medical purposes and for purposes of instruction approved by the [State] Department of Health [and Senior Services].

     "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled dangerous substance or controlled substance analog.

     "Immediate precursor" means a substance which the [State Department of Health and Senior Services] Division of Consumer Affairs in the Department of Law and Public Safety has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled dangerous substance or controlled substance analog, the control of which is necessary to prevent, curtail, or limit such manufacture.

     "Residential treatment facility" means any facility licensed and approved by the Department of 1[Health]1 [and Senior Services] 1Human Services1 and which is approved by any county probation department for the inpatient treatment and rehabilitation of drug or alcohol dependent persons.

     "Schedules I, II, III, IV, and V" are the schedules set forth in sections 5 through 8 of P.L.1970, c.226 (C.24:21-5 through 24:21-8) and in section 4 of P.L.1971, c.3 (C.24:21-8.1) and as modified by any regulations issued by the 1[Commissioner of Health]1 [and Senior Services] 1Director of the Division of Consumer Affairs in the Department of Law and Public Safety1 pursuant to 1[his] the director’s1 authority as provided in section 3 of P.L.1970, c.226 (C.24:21-3).

     "State" means the State of New Jersey.

     "Ultimate user" means a person who lawfully possesses a controlled dangerous substance or controlled substance analog for his own use or for the use of a member of his household or for administration to an animal owned by him or by a member of his household.

     "Prescription legend drug" means any drug which under federal or State law requires dispensing by prescription or order of a licensed physician, veterinarian1,1 or dentist and is required to bear the statement "Rx only" or similar wording indicating that such drug may be sold or dispensed only upon the prescription of a licensed medical practitioner and is not a controlled dangerous substance or stramonium preparation.

     "Stramonium preparation" means a substance prepared from any part of the stramonium plant in the form of a powder, pipe mixture, cigarette, or any other form with or without other ingredients.

     "Stramonium plant" means the plant Datura Stramonium Linne, including Datura Tatula Linne.

(cf: P.L.2011, c.120, s.1)


     3.    Section 6 of P.L.1999, c.90 (C.2C:36-6.1) is amended to read as follows:

     6.    Discarding hypodermic needle or syringe.

     a.     A person commits a petty disorderly persons offense if:

     (1)   the person discards, in a place accessible to other persons, a hypodermic needle or syringe without destroying the hypodermic needle or syringe; or

     (2)   he is the owner, lessee, or person in control of real property and, knowing that needles and syringes in an intact condition have been discarded or abandoned on his real property, allows them to remain.

     b.    A hypodermic needle is destroyed if the needle is broken from the hub or mangled.  A syringe is destroyed if the nipple of the barrel is broken from the barrel, or the plunger and barrel are melted.  Alternatively, a hypodermic needle or syringe is destroyed if it is discarded as a single unit, without recapping, into a rigid container and the container is destroyed by grinding or crushing in a compactor, or by burning in an incinerator approved by the Department of Environmental Protection, or by another method approved by the Department of Health [and Senior Services].

(cf: P.L.1999, c.90, s.6)

 

     4.    Section 1 of P.L.2011, c.183 (C.2C:36-6.2) is amended to read as follows:

     1.    a. Notwithstanding any State law, rule, or regulation to the contrary, a licensed pharmacy may sell a hypodermic syringe or needle, or any other instrument adapted for the administration of drugs by injection, to a person over 18 years of age who presents valid photo identification to demonstrate proof of age or who otherwise satisfies the seller that he is over 18 years of age, as follows:

     (1)   without a prescription if sold in quantities of 10 or fewer; and

     (2)   pursuant to a prescription issued by a person authorized to prescribe under State law if sold in quantities of more than 10.

     b.    A licensed pharmacy that provides hypodermic syringes or needles for sale shall also be required to:

     (1)   maintain its supply of such instruments under or behind the pharmacy sales counter such that they are accessible only to a person standing behind a pharmacy sales counter; and

     (2)   make available to each person who purchases any such instrument, at the time of purchase, information to be developed by the Department of Health [and Senior Services] to the purchaser, about:

     (a)   the safe disposal of the instrument, including local disposal locations or a telephone number to call for that information; and

(b)        substance abuse treatment, including a telephone number to call for assistance in obtaining treatment.

     c.     In addition to any other provision of law that may apply, a person who purchases a hypodermic syringe or needle pursuant to subsection a. of this section and sells that needle or syringe to another person is guilty of a disorderly persons offense.

     d.    The Department of Health [and Senior Services], in consultation with the Department of Human Services and the New Jersey State Board of Pharmacy, may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of subsection b. of this section.  The Department of Health [and Senior Services] shall make the information that is to be developed pursuant to subsection b. of this section available to pharmacies and purchasers of hypodermic syringes or needles through its Internet website.

(cf: P.L.2011, c.183, s.1)

 

     5.    Section 8 of P.L.1941, c.151 (C.4:19-15.8) is amended to read as follows:

     8.    a. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment.

     The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.

     b.    All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained, and all [such] licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the [State] Department of Health [and Senior Services] or the local board of health for failure to comply with the rules and regulations of the State department or local board governing the same, after the owner has been afforded a hearing by either the State department or local board, except as provided in subsection c. of this section.

     Any person holding [such] a license shall not be required to secure individual licenses for dogs owned by [such] a licensee and kept at [such] the establishments; [such] the licenses shall not be transferable to another owner or different premises.

     c.     The license for a pet shop shall be subject to review by the municipality, upon recommendation by the [State] Department of Health [and Senior Services] or the local health authority for failure by the pet shop to comply with the rules and regulations of the State department or local health authority governing pet shops or if the pet shop meets the criteria for recommended suspension or revocation provided under subsection c. or d. of section 5 of P.L.1999, c.336 (C.56:8-96), after the owner of the pet shop has been afforded a hearing pursuant to subsection e. of section 5 of P.L.1999, c.336 (C.56:8-96).

     The municipality, based on the criteria for the recommendation of the local health authority provided under subsections c. and d. of section 5 of P.L.1999, c.336 (C.56:8-96), may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop: (1) failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody or (2) sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.

     d.    The municipality may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats and dogs, and sell animals other than cats and dogs but restricts the pet shop from selling cats or dogs, or both.

     e.     Every pet shop licensed in the State shall submit annually and no later than May 1 of each year records of the total number of cats and dogs, respectively, sold by the pet shop each year to the municipality in which it is located, and the municipality shall provide this information to the local health authority.

(cf: P.L.1999, c.336, s.6)

 

     6.    Section 12 of P.L.1941, c.151 (C.4:19-15.12) is amended to read as follows:

     12.  a.  The governing body of each municipality may, by ordinance, fix the sum to be paid annually for a dog license and each renewal thereof, as required by section 3 of this act, which sum shall be not less than $1.50 or more than $21; provided however, that the governing body may by ordinance, provide for a reduction or waiver of the sum to be paid by an owner who presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered.  In the absence of any local ordinance, the fee for all dog  licenses shall be $1.50.

     b.    The governing body of each municipality, may, by ordinance, fix the sum to be paid for a 3-year dog license and each renewal thereof, which sum shall be not more than 3 times the sum charged for an annual license under subsection a. of this section.  In the absence of such a local ordinance, the license fee for a 3-year dog license shall be $4.50.  The Department of Health [and Senior Services] shall promulgate appropriate regulations concerning veterinarians' certificates for rabies inoculations of dogs for 3-year periods in connection with licenses issued under this subsection.

(cf: P.L.2007, c.7, s.1)


     7.    Section 16 of P.L.1941, c.151 (C.4:19-15.16) is amended to read as follows:

     16.  a. The certified animal control officer appointed by the governing body of the municipality shall take into custody and impound any animal, to thereafter be euthanized or offered for adoption, as provided in this section:

     (1)   Any dog off the premises of the owner or of the person charged with the care of the dog, which is reasonably believed to be a stray dog;

     (2)   Any dog off the premises of the owner or the person charged with the care of the dog without a current registration tag on its collar or elsewhere;

     (3)   Any female dog in season off the premises of the owner or the person charged with the care of the dog;

     (4)   Any dog or other animal which is suspected to be rabid; or

     (5)   Any dog or other animal off the premises of the owner or the person charged with its care that is reported to, or observed by, a certified animal control officer to be ill, injured, or creating a threat to public health, safety, or welfare, or otherwise interfering with the enjoyment of property.

     b.    If an animal taken into custody and impounded pursuant to subsection a. of this section has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified animal control officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable, a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days after the service of the notice.

     c.     A notice required pursuant to this section may be served:  (1) by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of residence or the address given on the collar, harness, or microchip identification; or (2) by mailing the notice to that person at the person's usual or last known place of residence, or to the address given on the collar, harness or microchip identification.

     d.    A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer pursuant to subsection a. of this section, or from any other individual, group, or organization, shall hold the animal for at least seven days before offering it for adoption, or euthanizing, relocating, or sterilizing the animal, except if:

     (1)   the animal is surrendered voluntarily by its owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of subsection e. of this section shall apply; or

     (2)   the animal is suspected of being rabid, in which case the provisions of subsection j. of this section shall apply.

     If a shelter, pound or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to paragraph (1) of subsection d. of this section, the shelter, pound, or kennel operating as a shelter or pound:

     (1)   shall offer the animal for adoption for at least seven days before euthanizing it; or

     (2)   may transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such a transfer is determined to be in the best interest of the animal by the shelter, pound, or kennel operating as a shelter or pound.

     f.     Except as otherwise provided for under subsection e. of this section, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer may transfer the animal to an animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.

     g.     If the owner or the person charged with the care of the animal seeks to claim it within seven days, or after the seven days have elapsed but before the animal has been adopted or euthanized, the shelter, pound, or kennel operating as a shelter or pound:

     (1)   shall, in the case of a cat or dog, release it to the owner or person charged with its care, provided the owner or person charged with the care of the animal provides proof of ownership, which may include a valid cat or dog license, registration, rabies inoculation certificate, or documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;

     (2)   may, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests such sterilizing when claiming it; and

     (3)   may require the owner or person charged with the care of the animal to pay all the animal's expenses while in the care of the shelter, pound, or kennel operating as a shelter or pound, not to exceed $4 per day.

     h.     If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to subsection c. of this section or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or euthanized in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19.

     i.      At the time of adoption, the right of ownership in the animal shall transfer to the new owner.  No dog or other animal taken into custody, impounded, sent or otherwise brought to a shelter, pound, or kennel operating as a shelter or pound shall be sold or otherwise be made available for the purpose of experimentation.  Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a crime of the fourth degree.

     j.     Any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and to the Department of Health [and Senior Services], and shall be quarantined, observed, and otherwise handled and dealt with as appropriate for an animal suspected of being rabid or as required by the Department of Health [and Senior Services] for [such] the animals.

     k.    When a certified animal control officer takes into custody and impounds, or causes to be taken into custody and impounded, an animal, the certified animal control officer may place the animal in the custody of, or cause the animal to be placed in the custody of, only a licensed shelter, pound, or kennel operating as a shelter or pound.  The certified animal control officer may not place the animal in the custody of, or cause the animal to be placed in the custody of, any animal rescue organization facility, foster home, or other unlicensed facility.  However, the licensed shelter, pound, or kennel operating as a shelter or pound may place the animal in an animal rescue organization facility, foster home, or other unlicensed facility if necessary pursuant to subsection e. or h. of this section.

     l.      Notwithstanding the provisions of this section and sections 3 and 4 of P.L.2011, c.142 (C.4:19-15.30 and C.4:19-15.31) to the contrary, no cat or dog being transferred between shelters, pounds, or kennels operating as shelters or pounds, or being transferred to an animal rescue organization facility or placed in a foster home, shall be required to be sterilized prior to that transfer.

(cf: P.L.2011, c.142, s.2)

 

     8.    Section 3 of P.L.1983, c.525 (C.4:19-15.16a) is amended to read as follows:

     3.    a. The Commissioner of Health [and Senior Services] shall, within 120 days after the effective date of P.L.1983, c.525, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:

     (1)   The law as it affects animal control, animal welfare, and animal cruelty;

     (2)   Animal behavior and the handling of stray or diseased animals;

     (3)   Community safety as it relates to animal control; and

     (4)   The law enforcement methods and techniques required for an animal control officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L.1997, c.247 (C.4:19-15.16c), including, but not limited to, those methods and techniques which relate to search, seizure, and arrest.  The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).

     Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).

     b.    (1) The commissioner shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525, for a period of three years before January 17, 1987.  The commissioner shall not issue a certificate to any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes.

     (2)   The commissioner shall revoke the certificate of any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes, and shall place the name of the person on the list established pursuant to subsection c. of this section.

     c.     (1) The commissioner shall establish a list of all persons issued a certificate pursuant to subsection b. of this section (a) for whom that certificate has been revoked, or (b) who have been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes.  The commissioner shall provide each municipality in the State with a copy of this list within 30 days after the list is established and not less often than annually thereafter if no revised list required pursuant to paragraph (2) of this subsection has been issued in the interim.

     (2)   Upon receipt of a notice required pursuant to section 3 or 4 of P.L.2003, c.67 (C.4:22-57 or C.2B:12-17.1) involving a person who has been issued a certificate pursuant to subsection b. of this section, the commissioner shall add to the list the name of the person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes according to the notice, and shall issue a copy of the revised list to each municipality within 30 days after receipt of any [such] notice.

(cf: P.L.2003, c.67, s.1)

 

     9.    Section 4 of P.L.1983, c.525 (C.4:19-15.16b) is amended to read as follows:

     4.    The governing body of a municipality shall, within three years of the effective date of P.L.1983, c.525, appoint a certified animal control officer who shall be responsible for animal control within the jurisdiction of the municipality and who shall enforce and abide by the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16).  The governing body shall not appoint a certified animal control officer, shall not contract for animal control services with any company that employs a certified animal control officer, and shall revoke the appointment of a certified animal control officer, who has been convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes or whose name is on the list or any revision thereto established and provided by the Commissioner of Health [and Senior Services] pursuant to subsection c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a).  The governing body shall, within 30 days after receipt thereof, review any such list or revision thereto received by the municipality and shall, within that 30-day period, take action accordingly as required pursuant to this section.

     The governing body may authorize the certified animal control officer to investigate and sign complaints, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State, and ordinances of the municipality, if the officer has completed the training required pursuant to paragraph 4 of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a). Only certified animal control officers who have completed the training may be authorized by the governing body to so act as an officer for detection, apprehension, and arrest of offenders; however, officers who have completed the training shall not have the authority to so act unless authorized by the governing body which is employing the officer or contracting for the officer's services.

(cf: P.L.2003, c.67, s.2)

 

     10.  Section 19 of P.L.1941, c.151 (C.4:19-15.19) is amended to read as follows:

     19.  Except as otherwise provided in this act, any person who violates or who fails or refuses to comply with sections 2, 4, 6, 7, 8, 10, or 18 of this act or  the rules and regulations promulgated by the [State] Department of Health pursuant to section 14 of this act, shall be liable to a penalty of not less than $5.00 nor more than [$50.00] $50 for each offense, to be recovered by and in the  name of the [Director] Commissioner of Health [of the State of New Jersey], or by and in the  name of the local board of health of the municipality, or by and in the name of  the municipality, as the case may be, except that for the first offense in  cases of violations of sections 2, 4, and 6 of this act, the penalty shall be not less than $1.00 nor more than[$50.00] $50, to be recovered in the same manner.

(cf: P.L.1974, c.69, s.2)

 

     11.  Section 20 of P.L.1941, c.151 (C.4:19-15.20) is amended to read as follows:

     20.  Any penalty recovered in an action brought under the provisions of this act shall be paid to the plaintiff therein.  When the plaintiff is the [Director] Commissioner of Health [of the State of New Jersey], the penalty shall be paid by [said director] the commissioner into the treasury of the State.  When the plaintiff is a local board of health the penalty shall be paid by the local board into the treasury of the municipality within which the local board has jurisdiction.

(cf: P.L.1941, c.151, s.20)

 

     12.  Section 3 of P.L.2011, c.142 (C.4:19-15.30) is amended to read as  follows:

     3.    a. The Department of Health [and Senior Services] shall develop and establish a pilot program to be known as the "Pet Sterilization Pilot Program."  The pilot program shall operate in any county with significant animal overpopulation issues that is selected for the program by the Commissioner of Health [and Senior Services] and agrees to participate in the program.  Upon the county's agreement to participate, every shelter, pound, and kennel operating as a shelter or pound in the county shall participate in the pilot program.

     b.    A shelter, pound, or kennel operating as a shelter or pound in a county participating in the pilot program established under subsection a. of this section shall require every cat or dog to be sterilized before releasing it to a person adopting a cat or dog from the shelter, pound, or kennel operating as a shelter or pound when adoption is permitted pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16), except as provided under section 4 of P.L.2011, c.142 (C.4:19-15.31).  The shelter, pound, or kennel operating as a shelter or pound may charge the person adopting the animal the cost of sterilization.

     c.     The pilot program shall operate for a period of at least two years.  No later than two years after the pilot program is established and becomes operative, the Commissioner of Health [and Senior Services] shall submit a written report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.  The report shall contain information on the implementation of the pilot program and shall include the recommendation of the commissioner on the feasibility of implementing the pilot program on a Statewide basis.

(cf: P.L.2011, c.142, s.3)

 

     13.  Section 6 of P.L.2011, c.142 (C.4:19-15.33) is amended to read as follows:

     6.    a. The Department of Health [and Senior Services] shall establish a registry of animal rescue organizations and their facilities in the State.  Any animal rescue organization may voluntarily participate in the registry.

     b.    The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt any rules and regulations determined necessary to implement the voluntary registry and coordinate its use with the provisions of P.L.2011, c.142 (C.4:19-15.30 et al.) and section 16 of P.L.1941, c.151 (C.4:19-15.16).

(cf: P.L.2011, c.142, s.6)

 

     14.  Section 4 of P.L.2002, c.102 (C.4:19-41) is amended to read as follows:

     4.    Whenever a duly licensed veterinarian surgically debarks or  silences a dog, the veterinarian shall prepare and file a written statement with the [State] Department of Health [and Senior Services] setting forth the veterinary basis for administering the surgery and providing the name and address of the owner, keeper or harborer of the debarked or silenced dog.  A veterinarian who fails to comply with the provisions of this section shall be subject to disciplinary action by the State Board of Veterinary Medical Examiners.

(cf: P.L.2002, c.102, s.4)

 

     15.  Section 15 of P.L.1997, c.236 (C.4:27-15) is amended to read as follows:

     15.  The Department of Agriculture:

     a.     in consultation with the Aquaculture Technology Transfer Center, the Rutgers Cooperative Extension and the Department of Environmental Protection, shall implement an aquaculture statistics reporting program which may include the collection of information on the numbers of jobs being created in aquaculture, the amount, value and type of product being produced, and the overall economic activity in the aquaculture industry;

     b.    in consultation with the Aquaculture Technology Transfer Center, and the Rutgers Cooperative Extension, shall assist aquaculturists in obtaining coverage from federal crop insurance programs;

     c.     in consultation with the Aquaculture Technology Transfer Center and the Rutgers Cooperative Extension, shall assist aquaculturists in completing the proper paperwork and other information necessary to develop eligibility for economic emergency loans for disaster relief through the Farmers Services Agency and other programs;

     d.    in consultation with the United States Department of Agriculture and the National Association of State Aquaculture Coordinators, shall develop a monthly wholesale market report for aquaculture products;

     e.     in conjunction with the Aquaculture Technology Transfer Center and the Department of Health [and Senior Services], shall assist the aquaculture industry in the development of necessary quality control guidelines and specifications for production, processing, and marketing of aquaculture products;

     f.     in conjunction with the Aquaculture Technology Transfer Center, shall assist (1) the aquaculture industry in promoting its products through techniques that may include the establishment and use of a trademark and other specialized marketing efforts; and (2) aquaculturists interested in developing coordinated efforts or arrangements, including producer cooperatives, joint ventures, market orders, and other forms of association; and

     g.     in conjunction with the Department of Health [and Senior Services], the Department of Commerce and Economic Development, the Department of Environmental Protection shall explore the possibilities of establishing private sector joint processing facilities to accommodate agriculture, seafood, and aquaculture products.

(cf: P.L.1997, c.236, s.15)

 

     16.  Section 2 of P.L.2001, c.39 (C.5:12-71.3) is amended to read as follows:

     2.    a.  A person who is prohibited from gaming in a licensed casino or simulcasting facility by any provision of P.L.1977, c.110 (C.5:12-1 et seq.) or any order of the director, commission, or court of competent jurisdiction, including any person on the self-exclusion list pursuant to section 1 of P.L.2001, c.39 (C.5:12-71.2), shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity.

     b.    For the purposes of P.L.1977, c.110 (C.5:12-1 et seq.), any gaming activity in a licensed casino or simulcasting facility which results in a prohibited person obtaining any money or thing of value from, or being owed any money or thing of value by, the casino or simulcasting facility shall be considered, solely for purposes of this section, to be a fully executed gambling transaction.

     c.     In addition to any other penalty provided by law, any money or thing or value which has been obtained by, or is owed to, any prohibited person by a licensed casino or simulcasting facility as a result of wagers made by a prohibited person shall be subject to forfeiture following notice to the prohibited person and opportunity to be heard. A licensed casino or simulcasting facility shall inform a prohibited person of the availability of such notice on the division's Internet website when ejecting the prohibited person and seizing any chips, vouchers or other representative of money owed by a casino to the prohibited person as authorized by this subsection.

     Of any forfeited amount under $100,000, one-half shall be deposited into the State General Fund for appropriation by the Legislature to the Department of [Health and Senior] Human Services to provide funds for compulsive gambling treatment and prevention programs in the State and the remaining one-half shall be deposited into the Casino Revenue Fund. Of any forfeited amount of $100,000 or more, $50,000 shall be deposited into the State General Fund for appropriation by the Legislature to the Department of [Health and Senior] Human Services to provide funds for compulsive gambling treatment and prevention programs and the remainder shall be deposited into the Casino Revenue Fund.

     d.    In any proceeding brought by the division against a licensee or registrant pursuant to section 108 of P.L.1977, c.110 (C.5:12-108) for a willful violation of the commission's self-exclusion regulations, the division may order, in addition to any other sanction authorized by section 129 of P.L.1977, c.110 (C.5:12-129), the forfeiture of any money or thing of value obtained by the licensee or registrant from any self-excluded person. Any money or thing of value so forfeited shall be disposed of in the same manner as any money or thing of value forfeited pursuant to subsection c. of this section.

(cf: P.L.2011, c.19, s.38)

 

     17.  Section 145 of P.L.1977, c.110 (C.5:12-145) is amended to read as follows:

     145. a. There is hereby created and established in the Department of the Treasury a separate special account to be known as the "Casino Revenue Fund," into which shall be deposited all revenues from the tax imposed by section 144 of this act; the investment alternative tax imposed by section 3 of P.L.1984, c.218 (C.5:12-144.1); the taxes and fees imposed by sections 3, 4 and 6 of P.L.2003, c.116 (C.5:12-148.1, C.5:12-148.2 and C.5:12-145.8) and any interest and penalties imposed by the division relating to those taxes; the percentage of the value of expired gaming related obligations pursuant to section 24 of P.L.2009, c.36 (C.5:12-141.2); and all penalties levied and collected by the division pursuant to P.L.1977, c.110 (C.5:12-1 et seq.) and the regulations promulgated thereunder, except that the first $600,000 in penalties collected each fiscal year shall be paid into the General Fund for appropriation by the Legislature to the Department of [Health and Senior] Human Services, $500,000 of which is to provide funds to the Council on Compulsive Gambling of New Jersey and $100,000 of which is to provide funds for compulsive gambling treatment programs in the State. In the event that less than $600,000 in penalties are collected, the Department of [Health and Senior] Human Services shall determine the allocation of funds between the Council and the treatment programs eligible under the criteria developed pursuant to section 2 of P.L.1993, c.229 (C.26:2-169).

     b.    The division shall require at least monthly deposits by the licensee of the tax established pursuant to subsection a. of section 144 of P.L.1977, c.110 (C.5:12-144), at such times, under such conditions, and in such depositories as shall be prescribed by the State Treasurer. The deposits shall be deposited to the credit of the Casino Revenue Fund. The division may require a monthly report and reconciliation statement to be filed with it on or before the 10th day of each month, with respect to gross revenues and deposits received and made, respectively, during the preceding month.

     c.     Moneys in the Casino Revenue Fund shall be appropriated exclusively for reductions in property taxes, rentals, telephone, gas, electric, and municipal utilities charges of eligible senior citizens and disabled residents of the State, and for additional or expanded health services or benefits or transportation services or benefits to eligible senior citizens and disabled residents, as shall be provided by law. On or about March 15 and September 15 of each year, the State Treasurer shall publish in at least 10 newspapers circulating generally in the State a report accounting for the total revenues received in the Casino Revenue Fund and the specific amounts of money appropriated therefrom for specific expenditures during the preceding six months ending December 31 and June 30.

(cf: P.L. 2011, c.19, s.101)

 

     18.  Section 1 of P.L.1992, c.108 (C.5:12-145.3) is amended to read as follows:

     1.    There is created a commission to be known as the "Casino Revenue Fund Advisory Commission."  The commission shall consist of 15 members to be appointed as follows: two members of the Senate, appointed by the President of the Senate, not more than one of whom shall be of the same political party; two members of the General Assembly, appointed by the Speaker of the General Assembly, not more than one of whom shall be of the same political party; three public members who are senior citizens, one of whom is appointed by the President of the Senate, one of whom is appointed by the Speaker of the General Assembly, and one of whom is appointed by the Governor; three public members who are disabled, one of whom is appointed by the President of the Senate, one of whom is appointed by the Speaker of the General Assembly, and one of whom is appointed by the Governor; one public member who is a representative of the casino industry to be appointed by the Governor upon the recommendation of the Casino Association of New Jersey; the President of the New Jersey Association of Directors of Area Agencies on Aging, the Chairperson of the New Jersey Association of County Representatives for Disabled Persons, the Director of the Division [on] of Aging Services in the Department of [Community Affairs] Human Services, and the Legislative Budget and Finance Officer, or their designees, who shall serve as ex officio members. 

     The legislative members shall serve during the two-year legislative session in which the appointment is made.  The senior citizen and disabled members shall serve for three year terms or until a successor is appointed; but of the members initially appointed, one of the senior citizens and one of the disabled members shall serve for a term of one year, one of the senior citizens and one of the disabled members shall serve for a term of two years, and one of the senior citizens and one of the disabled members shall serve for a term of three years.

     Vacancies in the membership of the commission shall be filled in the same manner as the original appointments are made and a member may be eligible for reappointment.  Vacancies occurring other than by expiration of a term shall be filled for the unexpired term.

     Members shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties but reimbursement of expenses shall be within the limits of funds appropriated or otherwise made available to the commission for its purposes.

(cf: P.L.1992, c.108, s.1)

 

     19.  Section 3 of P.L.1991, c.290 (C.9:6B-3) is amended to read as follows:

     3.    As used in this act:

     "Child placed outside his home" means a child placed outside his home by the Department of Human Services, the Department of Children and Families, the Department of Health [and Senior Services] , or a board of education. 

     "Department" means the Department of Human Services, the Department of Children and Families, the Department of Health [and Senior Services] , or board of education, as applicable. 

(cf: P.L.2006, c.47, s.71)

 

     20.  Section 5 of P.L.1991, c.290 (C.9:6B-5) is amended to read as follows:

     5.    The Departments of Human Services, Children and Families, Health [and Senior Services], and Education shall each prepare and update at least every six months, and shall make available to the public upon request, aggregate non-identifying data about children under their care, custody, or supervision who are placed in out-of-home settings, by category as appropriate.  The data shall include the following:

     a.     The number of children placed outside their homes during the six-month period and the cumulative number of children residing in out-of-home settings;

     b.    The age, sex, and race of the children residing in out-of-home settings;

     c.     The reasons for placement of these children;

     d.    The types of settings in which these children reside;

     e.     The length of time that these children have resided in these settings;

     f.     The number of placements for those children who have been placed in more than one setting;

     g.     The number of children who have been placed in the same county in which their parents or legal guardians reside and the number who have been placed outside of the State;

     h.     The number of children who have been permanently placed or returned to their homes during the six-month period, and a projection of the number of children who will be permanently placed or returned to their homes during the following six-month period; and

     i.      The number of children who have been permanently placed or returned to their homes who are subsequently returned to an out-of-home setting during the six-month period.

(cf: P.L.2006, c.47, s.72)

 

     21.  Section 6 of P.L.1991, c.290 (C.9:6B-6) is amended to read as follows:

     6.    The Commissioners of Human Services, Children and Families, Health [and Senior Services], and Education, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall each adopt rules and regulations to effectuate the purposes of this act.

(cf: P.L.2006, c.47, s.73)

 

     22.  Section 9 of P.L.1999, c.145 (C.9:17A-1.8) is amended to read as follows:

     9.    The Department of Health [and Senior Services] shall prepare a fact sheet for distribution to unemancipated pregnant minors who are seeking abortion services.

     a.     The fact sheet shall be written in terms generally understood by a teenager and shall explain the parental notification requirements of this act, including, but not limited to:

     (1)   that a minor may, by petition or motion, seek a waiver of parental notification from a judge of the Superior Court;

     (2)   that a minor may participate in proceedings in the court on her own behalf, that the court may appoint a guardian ad litem for her and that the minor has a right to court appointed counsel, which shall be provided to her by the court upon her request; and

     (3)   the procedure established by the court for petitioning or making a motion before the court.

     b.    The department shall distribute the fact sheet, at no charge, to  ambulatory care facilities and hospitals licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), public and private agencies and physicians' offices that provide family planning services and prenatal care.

     c.     The physician who is responsible for providing notification to an unemancipated minor's parent pursuant to this act, or his designee, shall provide the unemancipated minor with a copy of the fact sheet at the time the minor initially requests abortion services from the physician.

(cf: P.L.1999, c.145, s.9)

 

     23.  Section 12 of P.L.1999, c.145 (C.9:17A-1.11) is amended to read as follows:

     12.  The Commissioner of [the Department of ]Health [and Senior Services], in consultation with the Department of Law and Public Safety, shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning procedures for physicians to follow in effectuating the notice required pursuant to the provisions of P.L.1999, c.145 (C.9:17A-1.1 et al.).

(cf: P.L.1999, c.145, s.12)

 

     24.  N.J.S.11A:11-2 is amended to read as follows:

     11A:11-2. a. The Department of Personnel is abolished as a principal department in the Executive Branch of State government.  The offices and terms of the Commissioner of Personnel, the deputy commissioner, assistant commissioners, and the directors of the various divisions and offices of the Department of Personnel are terminated, except as otherwise provided by P.L.2008, c.29. 

     b.    The functions, powers, and duties of the Department of Personnel, the Commissioner of Personnel, the deputy commissioner, assistant commissioners, and directors of the various divisions and offices of the Department of Personnel are continued and transferred as provided by P.L.2008, c.29.  The State Treasurer may allocate the functions, powers, and duties transferred to the Department of the Treasury or the State Treasurer by P.L.2008, c.29 among such divisions or subdivisions in the Department of the Treasury as the State Treasurer deems appropriate or as the State Treasurer may establish.

     c.     (1) The Division of Equal Employment Opportunity and Affirmative Action as constituted in the Department of Personnel, with its functions, powers, and duties, and those of the Commissioner of Personnel and the Merit System Board with regard to that division, is continued and transferred to the Department of the Treasury, except with regard to the power to adjudicate complaints of violations of the State policy against discrimination which power shall remain with the Civil Service Commission.  The functions, powers, and duties of the Division of Equal Employment Opportunity and Affirmative Action shall be allocated within the department as the State Treasurer shall determine.

     The Equal Employment Opportunity Advisory Commission as constituted in the Department of Personnel is continued and transferred to the Department of the Treasury to be allocated within that department as the State Treasurer shall determine.  The members of the Equal Employment Opportunity Advisory Commission shall continue as members of the commission for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.

     (2)   The planning and research unit and function as constituted in the Department of Personnel is continued and transferred to the Department of the Treasury to be allocated within that department as the State Treasurer shall determine.

     d.    The Working Well NJ State employee wellness program as constituted in the Department of Personnel is continued and transferred to the Department of Health [and Senior Services] to be allocated within that department as the commissioner shall determine.

     e.     The toll-free information "Law Enforcement Officer Crisis Intervention Services" telephone hotline as constituted in the Department of Personnel is continued and transferred to the Department of [Health and Senior] Human Services, pursuant to sections 115 to 116 of P.L.2008, c.29 (C.26:2NN-1 to C.26:2NN-2), to be allocated within that department as the commissioner shall determine.

     f.     The New Jersey Employee Awards Committee as constituted in the Department of Personnel is continued and transferred to the Civil Service Commission.  The members of the New Jersey Employee Awards Committee shall continue as members of the committee for the duration of their current terms and any reappointments and until their successors are appointed, unless removed for cause.

     g.     The commission shall develop a plan for the consolidation and coordination of personnel and related functions, including, but not limited to, classification, compensation, and workforce planning, in the executive branch of State government and for transfer to the commission of [such] employees, positions, funding, facilities, equipment, powers, and duties from throughout the executive branch of State government as necessary and appropriate to effectuate such consolidation and coordination.

     h.     The commission shall submit the plan prepared pursuant to subsection g. of this section to the Governor for review and approval.  With the approval of the Governor and in accordance with regulations adopted by the commission, the commission, pursuant to the approved plan, shall direct the consolidation and coordination of personnel and related functions, including, but not limited to, classification, compensation, and workforce planning, in the executive branch of State government and transfer to the commission [such] employees, positions, funding, facilities, equipment, powers, duties, and functions from throughout the executive branch of State government to effectuate [such] the consolidation and coordination.  The commission shall organize these functions in [such] the units as the commission determines are necessary for the efficient operation of the commission and in [such] a manner as will provide the appointing authorities and all State employees with proper support in personnel matters.  The consolidation shall not apply to those functions which the commission has determined are unique to each department or agency in its capacity as an appointing authority.

     i.      Each department, office, division, bureau, or agency in the executive branch of State government shall cooperate with the commission and make available to the commission such information, personnel and assistance necessary to effectuate the purposes of P.L.2008, c.29.

     j.     This section shall not be construed to permit or require negotiations pursuant to the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), of any rule or regulation promulgated by the State Treasurer or Civil Service Commission pursuant to this section or any other section of this title.

(cf: P.L.2008, c.29, s.78)

 

     25.  N.J.S.11A:11-3 is amended to read as follows:

     11A:11-3 Any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, appropriation, or otherwise which refers to the Department of Personnel, Commissioner of Personnel, or Merit System Board shall mean the Department of the Treasury, State Treasurer, Civil Service Commission, 1[or] the1 Department of Health [and Senior Services] 1, or the Department of Human Services1, as provided by P.L.2008, c.29.

(cf: P.L.2008, c.29, s.79)

 

     26.  N.J.S.11A:11-4 is amended to read as follows:

     11A:11-4. All rules of the Merit System Board or the Department of Personnel in effect on the effective date of P.L.2008, c.29 shall remain in effect except as changed or modified by this title or action of the Civil Service Commission, State Treasurer, Commissioner of Health [and Senior Services] 1, Commissioner of Human Services1, or other authority, as appropriate.

(cf: P.L.2008, c.29, s.80)

 

     27.  Section 20 of P.L.1989, c.34 (C.13:1E-48.20) is amended to read as follows:

     20.  a. This act, and any rule or regulation adopted pursuant thereto, shall be enforced by the departments and by every local board of health, or county health department, as the case may be.

     The departments and the local board of health, or the county health department, as the case may be, shall have the right to enter the premises of a generator, transporter, or facility at any time in order to determine compliance with this act.

     The municipal attorney or an attorney retained by a municipality in which a violation of this act is alleged to have occurred shall act as counsel to a local board of health.

     The county counsel or an attorney retained by a county in which a violation of this act is alleged to have occurred shall act as counsel to the county health department.

     All enforcement activities undertaken by county health departments pursuant to this subsection shall conform to all applicable performance and administrative standards adopted pursuant to section 10 of the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-28).

     b.    Whenever the Commissioner of Environmental Protection or the Commissioner of Health [and Senior Service] finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, that commissioner shall:

     (1)   issue an order requiring the person found to be in violation to comply in accordance with subsection c. of this section;

     (2)   bring a civil action in accordance with subsection d. of this section;

     (3)   levy a civil administrative penalty in accordance with subsection e. of this section;

     (4)   bring an action for a civil penalty in accordance with subsection f. of this section; or

     (5)   petition the Attorney General to bring a criminal action in accordance with subsections g. through j. of this section.

     Pursuit of any of the remedies specified under this section shall not preclude the seeking of any other remedy specified.

     c.     Whenever the Commissioner of Environmental Protection or the Commissioner of Health [and Senior Services] finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, that commissioner may issue an order specifying the provision or provisions of this act, or the rule or regulation adopted pursuant thereto, of which the person is in violation, citing the action that constituted the violation, ordering abatement of the violation, and giving notice to the person of the person's right to a hearing on the matters contained in the order.  The ordered party shall have 20 days from receipt of the order within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order.  If no hearing is requested, the order shall become final after the expiration of the 20-day period.  A request for hearing shall not automatically stay the effect of the order.

     d.    The Commissioner of Environmental Protection, the Commissioner of Health [and Senior Services], a local board of health, or a county health department may institute an action or proceeding in the Superior Court for injunctive and other relief, including the appointment of a receiver for any violation of this act, or of any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner.  In any [such] proceeding the court may grant temporary or interlocutory relief.

     [Such] The relief may include, singly or in combination:

     (1)   a temporary or permanent injunction;

     (2)   assessment of the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection;

     (3)   assessment of the violator for any cost incurred by the State in removing, correcting, or terminating the adverse effects upon environmental quality or public health resulting from any violation of this act, or any rule or regulation adopted pursuant thereto, for which the action under this subsection may have been brought;

     (4)   assessment against the violator of compensatory damages for any loss or destruction of wildlife, fish or aquatic life, and for any other actual damages caused by any violation of this act, or any rule or regulation adopted pursuant thereto, for which the action under this subsection may have been brought; and

     (5)   assessment against the violator of the actual amount of any economic benefits accruing to the violator from a violation. Economic benefits may include the amount of any savings realized from avoided capital or noncapital costs resulting from the violation; the return earned or that may be earned on the amount of avoided costs; any benefits accruing to the violator as a result of a competitive market advantage enjoyed by reason of the violation; or any other benefits resulting from the violation.

     Assessments under this subsection shall be paid to the State Treasurer, or to the local board of health, or to the county health department, as the case may be, except that compensatory damages may be paid by specific order of the court to any persons who have been aggrieved by the violation.

     If a proceeding is instituted by a local board of health or county health department, notice thereof shall be served upon the commissioners in the same manner as if the commissioners were named parties to the action or proceeding.  Either of the departments may intervene as a matter of right in any proceeding brought by a local board of health or county health department.

     e.     Either of the commissioners, as the case may be, may assess a civil administrative penalty of not more than $100,000 for each violation.  Each day that a violation continues shall constitute an additional, separate, and distinct offense.  A commissioner may not assess a civil administrative penalty in excess of $25,000 for a single violation, or in excess of $2,500 for each day during which a violation continues, until the departments have respectively adopted, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations requiring the appropriate commissioner, in assessing a civil administrative penalty, to consider the operational history of the violator, the severity of the violation, the measures taken to mitigate or prevent further violations, and whether the penalty will maintain an appropriate deterrent.  No assessment may be levied pursuant to this section until after the violator has been notified by certified mail or personal service.  The notice shall include a reference to the section of the statute, rule, regulation, or order violated, a concise statement of the facts alleged to constitute a violation, a statement of the amount of the civil administrative penalties to be imposed, and a statement of the party's right to a hearing.  The ordered party shall have 20 calendar days from receipt of the notice within which to deliver to the appropriate commissioner a written request for a hearing.  After the hearing and upon finding that a violation has occurred, that commissioner may issue a final order after assessing the amount of the fine specified in the notice.  If no hearing is requested, the notice shall become a final order after the expiration of the 20-day period.  Payment of the assessment is due when a final order is issued or the notice becomes a final order.  The authority to levy a civil administrative penalty is in addition to all other enforcement provisions in this act, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. Each department may compromise any civil administrative penalty assessed under this section in an amount the department determines appropriate.

     f.     A person who violates this act, or any rule or regulation adopted pursuant thereto, shall be liable for a penalty of not more than $100,000 per day for each violation, to be collected in a civil action commenced by the Commissioner of Environmental Protection, the Commissioner of Health [and Senior Services], a local board of health, or a county health department.

     A person who violates an administrative order issued pursuant to subsection c. of this section, or a court order issued pursuant to subsection d. of this section, or who fails to pay an administrative assessment in full pursuant to subsection e. of this section is subject upon order of a court to a civil penalty not to exceed $200,000 per day for each violation.

     Of the penalty imposed pursuant to this subsection, 10% or $250, whichever is greater, shall be paid to the appropriate department from the General Fund if the Attorney General determines that a person is entitled to a reward pursuant to section 24 of this act.

     Any penalty imposed pursuant to this subsection may be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this act.

     g.     A person who purposely or knowingly:

     (1)   disposes or stores regulated medical waste without authorization from either the Department of Environmental Protection or the Department of Health [and Senior Services], as appropriate, or in violation of this act, or any rule or regulation adopted pursuant thereto;

     (2)   makes any false or misleading statement to any person who prepares any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto;

     (3)   makes any false or misleading statement on any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto; or

     (4)   fails to properly treat certain types of regulated medical waste designated by the Department of Health [and Senior Services] in a prescribed manner; shall, upon conviction, be guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not more than $100,000 for the first offense, and not more than $200,000 for each subsequent offense, and restitution, in addition to any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.

     h.     A person who recklessly or negligently:

     (1)   disposes or stores regulated medical waste without authorization from either the Department of Environmental Protection or the Department of Health [and Senior Services], as appropriate, or in violation of this act, or any rule or regulation adopted pursuant thereto;

     (2)   makes any false or misleading statement to any person who prepares any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto;

     (3)   makes any false or misleading statement on any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto; or

     (4)   fails to properly treat certain types of regulated medical waste designated by the Department of Health [and Senior Services] in a manner prescribed thereby; shall, upon conviction, be guilty of a crime of the fourth degree.

     i.      A person who, regardless of intent:

     (1)   transports any regulated medical waste to a facility or any other place in the State that does not have authorization from the Department of Environmental Protection to accept [such] the waste, or in violation of this act, or any rule or regulation adopted pursuant thereto; or

     (2)   transports, or receives transported, regulated medical waste without completing and submitting a manifest in accordance with this act, or any rule or regulation adopted pursuant thereto; shall, upon conviction, be guilty of a crime of the fourth degree.

     j.     A person who purposely, knowingly, or recklessly:

     (1)   generates and causes or permits to be transported any regulated medical waste to a facility or any other place in the State that does not have authorization from the Department of Environmental Protection to accept [such] the waste, or in violation of this act, or any rule or regulation adopted pursuant thereto; or

     (2)   violates any other provision of this act, or any rule or regulation adopted pursuant thereto, for which no other criminal penalty has been specifically provided for; shall, upon conviction, be guilty of a crime of the fourth degree.

     k.    All conveyances used or intended for use in the willful discharge, in violation of this act, or any rule or regulation adopted pursuant thereto, of regulated medical waste are subject to forfeiture to the State pursuant to P.L.1981, c.387 (C.13:1K-1 et seq.).

     l.      (Deleted by amendment, P.L.1997, c.325.)

     m.    No prosecution for a violation under this act shall be deemed to preclude a prosecution for the violation of any other applicable statute.

(cf: P.L.2009, c.282, s.1)

 

     28.  Section 1 of P.L.1998, c.18 (C.17:23A-13.1) is amended to read as follows:

     1.    An insurer who requires an applicant for insurance to submit to medical testing as a condition of issuing, extending or renewing the insurance shall obtain the applicant's written consent for the test.  If in the course of the testing the insurer determines that the applicant has a reportable communicable disease, the insurer shall promptly notify the applicant of the determination and recommend that the applicant contact a physician or other medical professional regarding the significance of the test result.  The insurer shall also promptly provide the Department of Health [and Senior Services] and a physician or other medical professional designated by the applicant with a copy of the results of the test.  The provisions of this act shall not be construed to require a physician or other medical professional who receives a copy of the test result to initiate contact with the applicant regarding the test result.

     The insurer shall provide the notification required pursuant to this  section regardless of whether the existence of the disease will result in an adverse underwriting decision for the applicant.

     For the purposes of this act, "reportable communicable disease" means those diseases required to be reported to the Department of Health [and Senior Services] pursuant to N.J.A.C.8:57-1.3 through 8:57-1.6 and N.J.A.C.8:57-2.2 and 8:57-2.3.

(cf:  P.L.1998, c.18, s.1)

 

     29.  Section 2 of P.L.1998, c.18 (C.17:23A-13.2) is amended to read as follows:

     2.    The Commissioner of Banking and Insurance, in consultation with the Commissioner of Health [and Senior Services], shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) which establish procedures that insurers shall use to notify applicants of test results pursuant to this act.

(cf:  P.L.1998, c.18, s.2)

 

     30.  Section 1 of P.L.1970, c.22 (C.17:27A-1) is amended to read as follows:

     1.    Definitions.

     As used in P.L.1970, c.22 (C.17:27A-1 et seq.), the following terms shall have the respective meanings hereinafter set forth, unless the context shall otherwise require:

     a.     An "affiliate" of, or person "affiliated" with, a specific person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.

     b.    The term "commissioner" shall mean the Commissioner of  Banking and Insurance or [his] the commissioner’s deputies, except that when a health maintenance organization is the subject of an acquisition of control or merger, the commissioner shall consult with the Commissioner of Health [and Senior Services] on matters relating to quality of, and access to, health care services.

     c.     The term "control" (including the terms "controlling," "controlled by" and "under common control with") means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person.  Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10% or more of the voting securities of any other person, provided that no such presumption of control shall of itself relieve any person so presumed to have control from any requirement of P.L.1970, c.22 (C.17:27A-1 et seq.).  This presumption may be rebutted by a showing made in the manner provided by subsection j. of section 3 of P.L.1970, c.22 (C.17:27A-3) that control does not exist in fact.  The commissioner may determine, after furnishing all persons in interest notice and an opportunity to be heard, and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.

     d.    An "insurance holding company system" consists of two or more affiliated persons, one or more of which is an insurer.

     e.     The term "insurer" means any person or persons, corporation, partnership, or company authorized by the laws of this State to transact the business of insurance or to operate a health maintenance organization in this State, except that it shall not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.

     f.     A "person" is an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert.

     g.     (Deleted by amendment, P.L.1993, c.241[.]).

     h.     A "subsidiary" of a specified person is an affiliate controlled by such person directly, or indirectly through one or more intermediaries.

     i.      The term "voting security" shall include any security convertible into or evidencing a right to acquire a voting security.

     j.     "Acquisition" means any agreement, arrangement or activity, the consummation of which results in a person acquiring directly or indirectly the control of another person, and includes but is not limited to the acquisition of voting securities, and assets, and bulk reinsurance and mergers.

     k.    "Health maintenance organization" means any person operating under a certificate of authority issued pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.).

(cf:  P.L2001, c.2, s.2)

 

     31.  Section 1 of P.L.1998, c.129 (C.17:29A-35.1) is amended to read as follows:

     1.    Notwithstanding the provisions or any law, rule or regulation to the contrary, upon the death of a driver on whom surcharges have been levied by the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), any debt established by the imposition of those surcharges is extinguished and the [division] commission, or any agent or representative thereof, shall cease to seek payment of that debt.

     Whenever the division is unable to obtain a death certificate from a person representing the estate of any driver on whom surcharges have been levied and who was a resident of the State, the [division] commission shall obtain a copy of the death certificate by contacting the State registrar of vital statistics in the Department of Health [and Senior Services] and, in these cases, the [division] commission shall not require the estate of the driver to furnish a death certificate.

(cf:  P.L.1998, c.129, s.1)

 

     32.  Section 27 of P.L.2004, c.17 (C.17:30D-29) is amended to read as follows:

     27.  a.  There is established a Medical Malpractice Liability Insurance Premium Assistance Fund within the Department of the Treasury as a nonlapsing, revolving fund.

     b.    The fund shall be comprised of the following revenue:

     (1)   an annual surcharge of $3 per employee for all employers who are subject to the New Jersey "unemployment compensation law," R.S.43:21-1 et seq., collected by the comptroller for the New Jersey Unemployment Compensation Fund and paid over to the State Treasurer for deposit in the fund annually, as provided by the commissioner, which surcharge may, at the option of the employer, be treated as a payroll deduction to each covered employee;

     (2)   an annual charge of $75 to be imposed by the State Board of Medical Examiners on every physician and podiatrist licensed by the board pursuant to the provisions of R.S.45:9-1 et seq., collected by the board and remitted to the State Treasurer for deposit into the fund;

     (3)   an annual charge of $75 to be imposed by the State Board of Chiropractic Examiners on every chiropractor licensed by the board pursuant to the provisions of P.L.1989, c.153 (C.45:9-41.17 et seq.), collected by the board and remitted to the State Treasurer for deposit into the fund;

     (4)   an annual charge of $75 to be imposed by the New Jersey State Board of Dentistry on every dentist licensed pursuant to the provisions of R.S.45:6-1 et seq., collected by the board and remitted to the State Treasurer for deposit into the fund;

     (5)   an annual charge of $75 to be imposed by the New Jersey State Board of Optometrists on every optometrist licensed by the board pursuant to the provisions of R.S.45:12-1 et seq., collected by the board and remitted to the State Treasurer for deposit into the fund; and

     (6)   an annual fee of $75 to be assessed by the State Treasurer and payable by each person licensed to practice law in this State, for deposit into the fund.

     The provisions of paragraphs (2) through (5) of this subsection shall not apply to physicians, podiatrists, chiropractors, dentists, or optometrists who:  are statutorily or constitutionally barred from the practice of their respective profession; can show that they do not maintain a bona fide office for the practice of their profession in this State; are completely retired from the practice of their profession; are on full-time duty with the armed forces, VISTA, or the Peace Corps and not engaged in practice; or have not practiced their profession for at least one year.

     The provisions of paragraph (6) of this subsection shall not apply to attorneys who:  are constitutionally or statutorily barred from the practice of law; can show that they do not maintain a bona fide office for the practice of law in this State; are completely retired from the practice of law; are on full-time duty with the armed forces, VISTA, or the Peace Corps and not engaged in practice; are ineligible to practice law because they have not made their New Jersey Lawyers' Fund for Client Protection payment; or have not practiced law for at least one year.

     c.     The State Treasurer shall deposit all [moneys] monies collected [by him] pursuant to this section into the fund.  Monies credited to the fund may be invested in the same manner as assets of the General Fund and any investment earnings on the fund shall accrue to the fund and shall be available subject to the same terms and conditions as other monies in the fund.

     d.    The fund shall be administered by the Department of Banking and Insurance in accordance with the provisions of P.L.2004, c.17 (C.2A:53A-37 et al.).

     e.     The monies in the fund are specifically dedicated and shall be utilized exclusively for the following purposes:

     (1)   $17 million shall be allocated annually for the purpose of providing relief towards the payment of medical malpractice liability insurance premiums to health care providers in the State who have experienced or are experiencing a liability insurance premium increase in an amount as established by the commissioner by regulation and meet the criteria established pursuant to section 28 of P.L.2004, c.17 (C.17:30D-30);

     (2)   $6.9 million shall be allocated annually to the Health Care Subsidy Fund established pursuant to section 8 of P.L.1992, c.160 (C.26:2H-18.58) for the purpose of providing payments to hospitals in accordance with the formula used for the distribution of charity care subsidies that are provided pursuant to P.L.1992, c.160 (C.26:2H-18.51 et al.);

     (3)   $1 million shall be allocated annually for a student loan expense reimbursement program for  obstetrician/gynecologists, to be established pursuant to section 29 of P.L.2004, c.17 (C.18A:71C-49); and

     (4)   $1.2 million shall be allocated annually to the Division of Medical Assistance and Health Services in the Department of Human Services for the  purposes provided in section 30 of P.L.2004, c.17 (C.30:4J-7).

     f.     The fund and the annual surcharge, charges, and fee provided for in subsection b. of this section shall expire three years after the effective date of P.L.2004, c.17 (C.2A:53A-37 et al.).

     g.     The commissioner, in consultation with the Commissioner of Health [and Senior Services], shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of sections 26 through 29 of P.L.2004, c.17 (C.17:30D-28 through C.17:30D-30 and C.18A:71C-49); except that, notwithstanding any provision of P.L.1968, c.410 to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such regulations as the commissioner deems necessary to implement the provisions of sections 26 through 29 of P.L.2004, c.17 (C.17:30D-28 through C.17:30D-30 and C.18A:71C-49), which shall be effective for a period not to exceed six months and may thereafter be amended, adopted, or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410.

(cf:  P.L.2004, c.17, s.27)

 

     33.  Section 28 of P.L.2004, c.17 (C.17:30D-30) is amended to read as follows:

     28.  a. In order to carry out the purposes of section 27 of P.L.2004, c.17 (C.17:30D-29), the commissioner shall, at a minimum:

     (1)   establish a program to provide medical malpractice liability insurance premium subsidies to health care providers from monies that are contained in the fund;

     (2)   establish a methodology and procedures for determining eligibility for, and providing subsidies from, the fund;

     (3)   maintain confidential records on each health care provider who receives assistance from the fund;

     (4)   take all necessary action to recover the cost of the subsidy provided to a health care provider that the commissioner determines to have been incorrectly provided; and

     (5)   provide for subsidies to all practitioners who are members of specialties and subspecialties who qualify for relief under subsection b. of this section, including those whose professional liability insurance protection is provided by hospital funding supplemented by purchased commercial insurance coverage.

     b.    The commissioner shall certify classes of  practitioners by specialty and subspecialty for each type of practitioner, whose average medical malpractice premium, as a class, on or after December 31, 2002, is in excess of an amount per year as determined by the commissioner by regulation.  In certifying classes eligible for the subsidy, the commissioner, in consultation with the Commissioner of Health [and Senior Services], may also consider if access to care is threatened by the inability of a significant number of practitioners, as applicable, in a particular specialty or subspecialty, to continue practicing in a geographic area of the State.

     (1)   In order to be eligible for a subsidy from the fund, a practitioner shall have received a medical malpractice liability insurance premium increase in an amount as determined by the commissioner by regulation, for one or more of the following:  upon renewal on or after January 1, 2004, from the amount paid by that practitioner in calendar year 2003; upon renewal on or after January 1, 2005, from the amount paid by that practitioner in calendar year 2004; and upon renewal on or after January 1, 2006, from the amount paid by that practitioner in calendar year 2005; or

     (2)   In the case of a health care provider providing professional liability insurance protection through self-insured hospital funding supplemented with purchased commercial insurance coverage, in order to be eligible for a subsidy from the fund, that provider shall have increased its total professional liability funding obligation in an amount as determined by the commissioner by regulation,  for one or more of the following:  upon renewal on or after January 1, 2004, from the professional liability funding obligation paid by that provider in calendar year 2003; upon renewal on or after January 1, 2005, from the professional liability funding obligation paid by that provider in calendar year 2004; and upon renewal on or after January 1, 2006, from the professional liability funding obligation paid by that provider in calendar year 2005.

     (3)   The amount of the subsidy shall be an amount, as determined by the commissioner by regulation, of the increase from the preceding year's premium or self-insured professional liability funding obligation; except that no health care provider shall receive a subsidy in any year that is greater than an amount as determined by the commissioner by regulation.

     c.     A practitioner who has been subject to a disciplinary action or civil penalty by the practitioner's respective licensing board pursuant to section 8, 9 or 12 of P.L.1978, c.73 (C.45:1-21, 22 or 25), when that action or penalty relates to the practitioner's provision of, or failure to provide, treatment or care to a patient, is not eligible for a subsidy from the fund.

     d.    (1) A practitioner who receives a subsidy from the fund shall be required to practice in that  practitioner's specialty or subspecialty in this State for a period of at least two years after receipt of the subsidy.

     (2)   A practitioner who fails to comply with the provisions of paragraph (1) of this subsection shall be required to repay to the commissioner the amount of the subsidy, in whole or in part as determined by the commissioner.

     e.     The commissioner may waive the criteria for eligibility for a subsidy established pursuant to this section, if the commissioner determines that access to care for a particular specialty is threatened  because of an inability of a sufficient number of practitioners in that specialty or subspecialty to practice in a geographic area of the State.

     f.     The State Board of Medical Examiners, the State Board of Chiropractic Examiners, the New Jersey State Board of Dentistry, and the New Jersey Board of Nursing shall each provide to the commissioner, on a quarterly basis, the names of the practitioners who have been subject to a disciplinary action or civil penalty by the practitioner's respective licensing board.

     g.     For the purposes of section 29 of P.L.2004, c.17 (C.18A:71C-49), the commissioner, in consultation with the State Board of Medical Examiners, shall provide to the Higher Education Student Assistance Authority the names of obstetrician/gynecologists licensed by the board who may qualify for the student loan reimbursement program established pursuant to P.L.2004, c.17.  A physician who has been subject to a disciplinary action or civil penalty by the board, as provided in subsection c. of this section, shall not be eligible for the program.

(cf:  P.L.2004, c.17, s.28)

 

     34.  Section 34 of P.L.1998, c.21 (C.17:33A-18) is amended to read as follows:

     34.  a. A section of the Office of Insurance Fraud Prosecutor shall be designated to be responsible for establishing a liaison and continuing communication between the office and the Department of Health [and Senior Services], the Department of Human Services, the Department of Labor and Workforce Development, any professional board in the Division of Consumer Affairs in the Department of Law and Public Safety, the Department of Banking and Insurance, the Division of State Police, every county prosecutor's office, [such] local government units as may be necessary or practicable, and insurers.

     b.    The section of the office responsible for such liaison shall establish procedures:  (1) for receiving notice from all entities enumerated in subsection a. of this section of any case in which fraud is suspected or has been substantiated; (2) for receiving referrals for the investigation of alleged fraud; (3) for receiving referrals for the prosecution of fraud by the office; (4) for receiving and referring information regarding cases, administrative or otherwise, under investigation by any department or other entity to the appropriate authority; and (5) for providing information to and coordinating information among any referring entities on pending cases of insurance fraud which are under investigation or being litigated or prosecuted.  The liaison section of the office shall maintain a record of every referral or investigation.

(cf:  P.L.2008, c.121, s.1)

 

     35.  Section 2 of P.L.1995, c.316 (C.17:48-6m) is amended to read as follows:

     2.    No hospital service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons shall be delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), unless the contract provides benefits to any named subscriber or other person covered thereunder for expenses incurred in the following:

     a.     Screening by blood lead measurement for lead poisoning for children, including confirmatory blood lead testing as specified by the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1); and medical evaluation and any necessary medical follow-up and treatment for lead poisoned children.

     b.    All childhood immunizations as recommended by the Advisory Committee on Immunization Practices of the United [State] States Public Health Service and the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1).  A hospital service corporation shall notify its subscribers, in writing, of any change in coverage with respect to childhood immunizations and any related changes in premium.  Such notification shall be in a form and manner to be determined by the Commissioner of Banking and Insurance.

     c.     Screening for newborn hearing loss by appropriate electrophysiologic screening measures and periodic monitoring of infants for delayed onset hearing loss, pursuant to P.L.2001, c.373 (C.26:2-103.1 et al.).  Payment for this screening service shall be separate and distinct from payment for routine new baby care in the form of a newborn hearing screening fee as negotiated with the provider and facility.

     The benefits provided pursuant to this section shall be provided to the same extent as for any other medical condition under the contract, except that a deductible shall not be applied for benefits provided pursuant to this section; however, with respect to a contract that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), a deductible shall not be applied for any benefits provided pursuant to this section which represent preventive care as permitted by that federal law, and shall not be applied as provided pursuant to section 6 of P.L.2005, c.248 (C.17:48-6dd).  This section shall apply to all hospital service corporation contracts in which the health service corporation has reserved the right to change the premium.

(cf:  P.L.2005, c.248, s.4)

 

     36.  Section 11 of P.L.1979, c.478 (C.17:48D-11) is amended to read as follows:

     11.  a. The commissioner or [his] the commissioner’s designee may, as often as [he] the commissioner may reasonably determine, investigate the business and examine the books, accounts, records, and files of every dental plan organization.  For that purpose the commissioner or [his] the commissioner’s designee shall have reasonably free access to the offices and places of business, books, accounts, papers, records, and files of all dental plan organizations.  A dental plan organization shall keep and use in its business such books, accounts, and records as will enable the commissioner to determine whether the dental plan organization is complying with the provisions of this act and with the rules and regulations promulgated pursuant to it.  A dental plan organization shall preserve its books, accounts, and records for at least 7 years; except that preservation by photographic reproduction or records in photographic form shall constitute compliance with this act.

     b.    For the purpose of the examination, the commissioner may, within the limits of funds appropriated for such purpose, contract with such persons as [he] the commissioner may deem advisable to conduct the same or assist therein.

     c.     At the discretion of the commissioner, the Commissioner of Health [and Senior Services] and the New Jersey State Board of Dentistry may participate in the investigations and examinations described in this section to verify the existence of an effective dental plan.

     d.    The expenses incurred in making any examination pursuant to this section shall be assessed against and paid by the dental plan organization so examined.  A dental plan organization having direct premiums written in this State of less than $2,000,000 in any calendar year shall be subject to a limited scope examination with expenses for that examination not to exceed $5,000.  Upon written notice by the commissioner of the total amount of an assessment, a dental plan organization shall become liable for and shall pay the assessment to the commissioner.

(cf:  P.L.2005, c.38, s.9)

 

     37.  Section 1 of P.L.1985, c.236 (C.17:48E-1) is amended to read as follows:

     1.    As used in this act:

     a.     "Commissioner" means the Commissioner of Banking and Insurance.

     b.    "Board" and "board of directors" means the board of directors of the health service corporation.

     c.     "Elective surgical procedure" means any nonemergency surgical procedure which may be scheduled at the convenience of the patient or the surgeon without jeopardizing the patient's life or causing serious impairment to the patient's bodily functions.

     d.    "Eligible physician" means a physician licensed to practice medicine and surgery who holds the rank of Diplomate of an American Board (M.D.) or Certified Specialist (D.O.) in the surgical or medical specialty for which surgery is proposed.

     e.     "Health service corporation" means a health service corporation established pursuant to the provisions of this act, which is organized, without capital stock and not for profit, for the purpose of (1) establishing, maintaining, and operating a nonprofit health service plan and (2) supplying services in connection with (a) the providing of health care or (b) conducting the business of insurance as provided for in this act.

     f.     "Health service plan" means a plan under which contracts are issued providing complete or partial prepayment or postpayment of health care services and supplies eligible under the contracts for a given period to persons covered under the contracts where arrangements are made for payment for health care services and supplies directly to the provider thereof or to a covered person under those contracts.

     g.     "Hospital service corporation" means a hospital service corporation established pursuant to the provisions of P.L.1938, c.366 (C.17:48-1 et seq.).

     h.     "Medical service corporation" means a medical service corporation established pursuant to the provisions of P.L.1940, c.74 (C.17:48A-1 et seq.).

     i.      "Provider of health care services" shall include, but not be limited to: (1) a health service corporation, a hospital service corporation or medical service corporation; (2) a hospital or health care facility under contract with a health service corporation to provide health care services or supplies to persons who become subscribers under contracts with the health service corporation; (3) a hospital or health care facility which is maintained by a state or any of its political subdivisions; (4) a hospital or health care facility licensed by the Department of Health [and Senior Services]; (5) other hospitals or health care facilities, as designated by the Department of Health [and Senior Services] to provide health care services; (6) a registered nursing home providing convalescent care; (7) a nonprofit voluntary visiting nurse organization providing health care services other than in a hospital; (8) hospitals or other health care facilities located in other states, which are subject to the supervision of those states, which if located in this State would be eligible to be licensed or designated by the Department of Health [and Senior Services]; (9) nonprofit hospital, medical or health service plans of other states approved by the commissioner; (10) physicians licensed to practice medicine and surgery; (11) licensed chiropractors; (12) licensed dentists; (13) licensed optometrists; (14) licensed pharmacists; (15) licensed podiatrists; (16) registered bio-analytical laboratories; (17) licensed psychologists; (18) registered physical therapists; (19) certified nurse-midwives; (20) registered professional nurses; (21) licensed health maintenance organizations; (22) licensed audiologists; (23) licensed speech-language pathologists; and (24) providers of other similar health care services or supplies as are approved by the commissioner.

     j.     "Second surgical opinion" means an opinion of an eligible physician based on that physician's examination of a person for the purpose of evaluating the medical advisability of that person undergoing an elective surgical procedure, but prior to the performance of the surgical procedure.

     k.    "Subscriber" means a person to whom a subscription certificate is issued by a health service corporation, and the term shall also include "policyholder," "member," or "employer" under a group contract where the context requires.

(cf:  P.L.2005, c.259, s.27)

 

     38.  Section 1 of P.L.1995, c.316 (C.17:48E-35.10) is amended to read as follows:

     1.    No health service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons shall be delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), unless the contract provides benefits to any named subscriber or other person covered thereunder for expenses incurred in the following:

     a.     Screening by blood lead measurement for lead poisoning for children, including confirmatory blood lead testing as specified by the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1); and medical evaluation and any necessary medical follow-up and treatment for lead poisoned children.

     b.    All childhood immunizations as recommended by the Advisory Committee on Immunization Practices of the United States Public Health Service and the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1).  A health service corporation shall notify its subscribers, in writing, of any change in coverage with respect to childhood immunizations and any related changes in premium.  [Such] The notification shall be in a form and manner to be determined by the Commissioner of Banking and Insurance.

     c.     Screening for newborn hearing loss by appropriate electrophysiologic screening measures and periodic monitoring of infants for delayed onset hearing loss, pursuant to P.L.2001, c.373 (C.26:2-103.1 et al.).  Payment for this screening service shall be separate and distinct from payment for routine new baby care in the form of a newborn hearing screening fee as negotiated with the provider and facility.

     The benefits provided pursuant to this section shall be provided to the same extent as for any other medical condition under the contract, except that a deductible shall not be applied for benefits provided pursuant to this section; however, with respect to a contract that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), a deductible shall not be applied for any benefits provided pursuant to this section which represent preventive care as permitted by that federal law, and shall not be applied as provided pursuant to section 3 of P.L.2005, c.248 (C.17:48E-35.28).  This section shall apply to all health service corporation contracts in which the health service corporation has reserved the right to change the premium.

(cf:  P.L. 2005, c.248, s.1)

 

     39.  Section 3 of P.L.1999, c.409 (C.17:48H-3) is amended to read as follows:

     3.    a. An organized delivery system which is not subject to licensure requirements pursuant to this act shall submit an application for certification to the Commissioner of [Health] Banking and [Senior Services] Insurance.  The organized delivery system may continue to operate during the pendency of its application, but in no case longer than 12 months after the date of submission of the application to the Department of [Health]  Banking and [Senior Services] Insurance, unless the commissioner, by regulation, extends the 12-month limitation.  In the event the application is denied, the applicant shall be treated as an organized delivery system whose certification has been revoked pursuant to sections 7 and 8 of this act.

     Notwithstanding the obligations imposed by this act regarding certification requirements, nothing in this subsection shall operate to impair any contract in force on the effective date of this act, but this act shall apply to any contract renewed on or after the effective date of this act.

     b.    The certification shall be valid for a period of three years.

     c.     A certified organized delivery system shall not directly issue health benefits plans.

(cf:  P.L.1999, c.409, s.3)


     40.  Section 4 of P.L.1999, c.409 (C.17:48H-4) is amended to read as follows:

     4.    Application for certification to operate an organized delivery system shall be made to the Commissioner of [Health] Banking and [Senior Services] Insurance on a form prescribed by the commissioner, shall be certified by an officer or authorized representative of the applicant and shall include the following:

     a.     A copy of the applicant's basic organizational documents. For purposes of this subsection, "basic organizational documents" means the articles of incorporation, articles of association, partnership agreement, management agreement, trust agreement, or other applicable documents as appropriate to the applicant's form of business entity, and all amendments to those documents;

     b.    A copy of the executed bylaws, rules, and regulations, or similar documents, regulating the conduct of the applicant's internal affairs;

     c.     A list, in a form approved by the Commissioner of [Health] Banking and [Senior Services] Insurance, of the names, addresses, and official positions of the persons who are to be responsible for the conduct of the affairs of the applicant, including, but not limited to, the members of the board of directors, executive committee, or other governing board or committee, the principal officers, and any person or entity owning or having the right to acquire 10% or more of the voting securities of the applicant; in the case of a partnership or association, the names of the partners or members; and a statement of any criminal convictions or civil, enforcement, or regulatory action, including actions relating to professional licenses, taken against any person who is a member of the board, the executive committee, or other governing board or committee, the principal officers, or the persons who are responsible for the conduct of the affairs of the applicant;

     d.    A statement generally describing the applicant, its facilities, personnel, and the health care services to be offered by the organized delivery system;

     e.     A copy of the standard form of any provider agreement made or to be made between the applicant and any providers relative to the provision of health care services;

     f.     A copy of the form of any contract made or to be made between the applicant and any carrier for the provision of or arrangement to provide health care services, which contract shall contain provisions establishing the respective duties of the carrier and the applicant with respect to compliance with P.L.1997, c.192 (C.26:2S-1 et seq.);

     g.     With respect to each contract made or to be made between the applicant and any other person who will provide comprehensive or limited health care services:

     (1)   A list of the persons who are to provide the health care services, and the geographical area in which they are located and in which the services are to be performed;

     (2)   A list of any affiliate of the applicant which provides services to the applicant in this State and a description of any material transaction between the affiliate and the applicant;

     (3)   A description of the health care services or benefits to be offered or proposed to be offered by the applicant;

     (4)   A description of the means which will be utilized to assure the availability and accessibility of the health care services to enrollees or contract holders; and

     (5)   A description of the means by which the organized delivery system shall be compensated for each contract entered into with a carrier; and

     h.     A list of all administrative, civil, or criminal actions and proceedings to which the applicant, or any of its affiliates, or persons who are responsible for the conduct of the affairs of the applicant or affiliate, have been subject and the resolution of those actions and proceedings.  If a license, certificate, or other authority to operate has been refused, suspended, or revoked by any jurisdiction, the applicant shall provide a copy of any orders, proceedings, and determinations relating thereto.

     In addition to the information required pursuant to this section, [the Commissioner of Health and Senior Services or] the Commissioner of Banking and Insurance may establish additional reporting requirements or make detailed reporting requirements for any class of certified organized delivery system.

(cf:  P.L.1999, c.409, s.4)

 

     41.  Section 5 of P.L.1999, c.409 (C.17:48H-5) is amended to read as follows:

     5.    Following receipt of an application for certification, the Commissioner of [Health] Banking and [Senior Services] Insurance shall review it [in consultation with the Commissioner of Banking and Insurance] and notify the applicant of any deficiencies contained therein.

     a.     The Commissioner of [Health] Banking and [Senior Services] Insurance shall issue a certification to an organized delivery system if the commissioner finds that the system meets the standards provided for in this act, including, but not limited to:

     (1)   All of the material required by section 4 of this act has been filed;

     (2)   The persons responsible for conducting the applicant's affairs are competent, trustworthy, and possess good reputations, and have had appropriate experience, training, and education;

     (3)   The persons who are to perform the health care services are properly qualified;

     (4)   The organized delivery system has demonstrated the ability to assure that health care services will be provided in a manner which will assure the availability and accessibility of the services;

     (5)   The standard forms of provider agreements to be used by the organized delivery system are acceptable; and

     (6)   The organized delivery system's contracts to provide services do not entail or will not result in the assumption of financial risk by the system.

     b.    The commissioner may deny an application for certification if the applicant fails to meet any of the standards provided in this act or on any other reasonable grounds.  If certification is denied, the commissioner shall notify the applicant and shall set forth the reasons for the denial in writing.  The applicant may request a hearing by notice to the commissioner within 30 days of receiving the notice of denial.  Upon such denial, the applicant shall submit to the commissioner a plan for bringing the organized delivery system into compliance or providing for the closing down of its business.

(cf:  P.L.1999, c.409, s.5)

 

     42.  Section 6 of P.L.1999, c.409 (C.17:48H-6) is amended to read as follows:

     6.    a.  A certified organized delivery system, unless otherwise provided for in this act, shall not materially modify any matter or document furnished to the Commissioner of [Health] Banking and [Senior Services]  Insurance pursuant to section 4 of this act unless the organized delivery system files with the commissioner, at least 60 days prior to use or adoption of the change, a notice of the change or modification, together with that information required by the commissioner to explain the change or modification.  If the commissioner fails to affirmatively approve or disapprove the change or modification within 60 days of submission of the notice, the notice of modification shall be deemed approved.  The commissioner may extend the 60-day review period for not more than 30 additional days by giving written notice of the extension before the expiration of the 60-day period.  If a change or modification is disapproved, the commissioner shall notify the system in writing and specify the reason for the disapproval.

     b.    Prior to entering into any contract with a carrier, a certified organized delivery system shall file with the commissioner, for the commissioner's approval, a copy of that contract.  The filing shall be made no later than 60 days prior to the date that the contract is intended to be in effect.  If the contract is not disapproved prior to the effective date by the commissioner, the contract shall be deemed approved.

(cf:  P.L.1999, c.409, s.6)

 

     43.  Section 7 of P.L.1999, c.409 (C.17:48H-7) is amended to read as follows:

     7.    The Commissioner of [Health] Banking and [Senior Services] Insurance may suspend or revoke a certification issued to an organized delivery system pursuant to this act upon the commissioner's determination that:

     a.     The certified organized delivery system is operating in contravention of its basic organizational documents;

     b.    The certified organized delivery system is unable to fulfill its obligations to the carriers with whom it contracts;

     c.     The continued operation of the certified organized delivery system would be hazardous to the health and welfare of the enrollees or contract holders to whom it is obligated to provide health care services or detrimental to a carrier with whom  it has contracted to provide the services;

     d.    The certified organized delivery system is unable to maintain the standards as set forth by the commissioner by regulation;

     e.     The certified organized delivery system has failed, as provided by the contract, to comply with the provisions of P.L.1997, c.192 (C.26:2S-1 et seq.);

     f.     The certified organized delivery system has failed to provide the health care services for which it has been certified or has provided health care services which are in contravention of the contract or contracts filed with the commissioner;

     g.     The certified organized delivery system has otherwise failed to comply with this act or with other applicable law; or

     h.     There are other reasonable grounds that warrant suspension or revocation.

(cf:  P.L.1999, c.409, s.7)

 

     44.  Section 8 of P.L.1999, c.409 (C.17:48H-8) is amended to read as follows:

     8.    a. If the Commissioner of [Health] Banking and [Senior Services] Insurance has cause to believe that grounds exist for the suspension or revocation of the certification issued to an organized delivery system, the commissioner shall notify the system, in writing, specifically stating the grounds for suspension or revocation and fixing a time for a hearing in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).  If the certification is revoked, the organized delivery system shall submit a plan to the commissioner within 15 days of the revocation, for the winding up of its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of its business.  The commissioner may, by written order, permit such further operation of the organized delivery system as the commissioner finds to be in the best interest of individuals receiving health care services from the system.

     b.    The commissioner shall notify all carriers with contracts with the system that are on file with the Department of [Health] Banking and [Senior Services] Insurance of the proceedings.

(cf: P.L.1999, c.409, s.8)

 

     45.  Section 9 of P.L.1999, c.409 (C.17:48H-9) is amended to read as follows:

     9.    A certified organized delivery system shall pay to the Commissioner of [Health] Banking and [Senior Services] Insurance those application and examination fees as are established by the commissioner by regulation.

(cf:  P.L.1999, c.409, s.9)

 

     46.  Section 10 of P.L.1999, c.409 (C.17:48H-10) is amended to read as follows:

     10.  The Commissioner of [Health] Banking and [Senior Services] Insurance may, upon notice and hearing, assess a civil administrative penalty in an amount not less than $250 nor more than $10,000 for each day that a certified organized delivery system is in violation of this act.  Penalties imposed by the commissioner pursuant to this section may be in lieu of, or in addition to, suspension or revocation of a certification pursuant to this act.  A penalty may be recovered in a summary proceeding pursuant to "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf:  P.L.1999, c.409, s.10)

 

     47.  Section 11 of P.L.1999, c.409 (C.17:48H-11) is amended to read as follows:

     11.  a. An organized delivery system which receives compensation on a basis that entails the assumption of financial risk shall submit an application for licensure to the Commissioner of Banking and Insurance.  The organized delivery system may continue to operate during the pendency of its application, but in no case longer than 12 months after the date of submission of the application to the Department of Banking and Insurance, unless the commissioner, by regulation, extends the 12-month limitation.  In the event the application is denied, the applicant shall be treated as an organized delivery system whose license has been revoked pursuant to sections 23 and 24 of this act.

     Notwithstanding the obligations imposed by this act regarding licensure requirements, nothing in this subsection shall operate to impair any contract in force on the effective date of this act, but this act shall apply to any contract renewed on or after the effective date of this act.

     b.    An organized delivery system which receives compensation on a basis that entails the assumption of financial risk, but meets the criteria set forth in this subsection, may apply to the commissioner for an exemption from the licensure requirements of this act based on the system's current contractual arrangements.

     The commissioner may grant the exemption for such period of time that the commissioner determines that the financial risk of the organized delivery system is de minimis because the organized delivery system's exposure to financial loss is limited in amount or likelihood to the degree that it reasonably will not prevent the system from satisfying the liabilities imposed under the terms of its contracts.

     The commissioner may revoke the organized delivery system's exemption from licensure, after notice and an opportunity to be heard, if the commissioner determines that the system's contracts no longer meet the requirements for exemption set forth in this subsection.  Upon revocation of the exemption, the system shall be required to obtain licensure from the department within 90 days.

     c.     An organized delivery system that is granted an exemption from licensure shall apply to and obtain certification as an organized delivery system from the Department of [Health] Banking and [Senior Services] Insurance pursuant to the provisions of this act.

     d.    A licensed organized delivery system shall not directly issue health benefits plans.

(cf:  P.L.1999, c.409, s.11)

 

     48.  Section 12 of P.L.1999, c.409 (C.17:48H-12) is amended to read as follows:

     12.  Application for a license to operate an organized delivery system shall be made to the Commissioner of Banking and Insurance [and the Commissioner of Health and Senior Services] on a form prescribed by the [commissioners] commissioner, shall be certified by an officer or authorized representative of the applicant, and shall include the following:

     a.     A copy of the applicant's basic organizational documents. For purposes of this subsection, "basic organizational documents" means the articles of incorporation, articles of association, partnership agreement, management agreement, trust agreement, or other applicable documents as appropriate to the applicant's form of business entity and all amendments to those documents;

     b.    A copy of the executed bylaws, rules, and regulations, or similar documents, regulating the conduct of the applicant's internal affairs;

     c.     A list, in a form approved by the Commissioner of Banking and Insurance, of the names, addresses, and official positions of the persons who are to be responsible for the conduct of the affairs of the applicant, including, but not limited to, the members of the board of directors, executive committee or other governing board or committee, the principal officers, and any person or entity owning or having the right to acquire 10% or more of the voting securities of the applicant; in the case of a partnership or association, the names of the partners or members; each person who has loaned funds to the applicant for the operation of its business; and a statement of any criminal convictions or civil, enforcement or regulatory action, including actions relating to professional licenses, taken against any person who is a member of the board, the executive committee or other governing board or committee, or the principal officers, or the persons who are responsible for the conduct of the affairs of the applicant;

     d.    A statement generally describing the applicant, its facilities, personnel, and the health care services to be offered by the organized delivery system;

     e.     A copy of the standard form of any provider agreement made or to be made between the applicant and any providers relative to the provision of health care services;

     f.     A copy of the form of  any contract made or to be made between the applicant and any carrier for the provision of or arrangement to provide health care services, which contract shall contain provisions establishing the respective duties of the carrier and the applicant with respect to compliance with P.L.1997, c.192 (C.26:2S-1 et seq.);

     g.     A copy of the applicant's most recent financial statements audited by an independent certified public accountant.  If the financial affairs of the applicant's parent company are audited by an independent certified public accountant, but those of the applicant are not, then a copy of the most recent audited financial statement of the applicant's parent company, audited by an independent certified public accountant, shall be submitted.  A consolidated financial statement of the applicant and its parent company shall satisfy this requirement unless the Commissioner of Banking and Insurance determines that additional or more recent financial information is required for the proper administration of this act;

     h.     A copy of the applicant's financial plan, including a three-year projection of anticipated operating results, a statement of the sources of working capital and any other sources of funding and provisions for contingencies;

     i.      With respect to each contract made or to be made between the applicant and any other person who will provide comprehensive or limited health care services:

     (1)   A list of the persons who are to provide the health care services, and the geographical area in which they are located and in which the services are to be performed;

     (2)   A list of any affiliate of the applicant which provides services to the applicant in this State and a description of any material transaction between the affiliate and the applicant;

     (3)   A description of the health care services or benefits to be offered or proposed to be offered;

     (4)   A description of the means which will be utilized to assure the availability and accessibility of the health care services to enrollees or contract holders;

     (5)   A plan, in the event of the insolvency of the organized delivery system, for continuation of the health care services to be provided for under the contract; and

     (6)   A description of the means by which the organized delivery system shall be compensated for each contract entered into with a carrier;

     j.     A power of attorney, duly executed by the applicant, if not domiciled in this State, appointing the Commissioner of Banking and Insurance and the commissioner's successors in office as the true and lawful attorney of the applicant in and for this State upon whom all lawful process in any legal action or proceeding against the organized delivery system in a cause of action arising in this State may be served;

     k.    A list of all administrative, civil, or criminal actions and proceedings to which the applicant, or any of its affiliates, or persons who are responsible for the conduct of the affairs of the applicant or affiliate, have been subject and the resolution of those actions and proceedings.  If a license, certificate or other authority to operate has been refused, suspended, or revoked by any jurisdiction, the applicant shall provide a copy of any orders, proceedings and determinations relating thereto; and

     l.      Other information as may be required by the Commissioner of Banking and Insurance [or the Commissioner of Health and Senior Services].

(cf:  P.L.1999, c.409, s.12)

 

     49.  Section 13 of P.L.1999, c.409 (C.17:48H-13) is amended to read as follows:

     13.  Following receipt of an application for licensure, the Commissioner of Banking and Insurance shall review it [in consultation with the Commissioner of Health and Senior Services] and notify the applicant of any deficiencies contained therein.

     a.     The Commissioner of Banking and Insurance shall issue a license to an organized delivery system if the commissioner finds that the system meets the standards provided for in this act, including, but not limited to:

     (1)   All of the material required by section 12 of this act has been filed;

     (2)   The persons responsible for conducting the applicant's affairs are competent, trustworthy, and possess good reputations, and have had appropriate experience, training, and education;

     (3)   The persons who are to perform the health care services are properly qualified;

     (4)   The organized delivery system has demonstrated the ability to assure that health care services will be provided in a manner which will assure the availability and accessibility of the services;

     (5)   The standard forms of provider agreements to be used by the organized delivery system are acceptable;

     (6)   The applicant is financially sound and may reasonably be expected to meet its obligations to enrollees, contract holders and carriers.  In making this determination, the commissioner shall consider:

     (a)   The financial soundness of the applicant's compensation arrangements for the provision of health care services;

     (b)   The adequacy of working capital, other sources of funding and provisions for contingencies; and

     (c)   Whether any deposit of cash or securities, or any other evidence of financial protection submitted, meets the requirements set forth in this act or by the commissioner by regulation;

     (7)   Any deficiencies identified by the commissioner have been corrected; and

     (8)   Any other factors determined by the commissioner to be relevant have been addressed to the satisfaction of the commissioner.

     b.    [The Commissioner of Banking and Insurance shall refer all standard forms of provider agreements, quality assurance programs and utilization management programs to be used by the organized delivery system to the Commissioner of Health and Senior Services for review.  The Commissioner of Banking and Insurance shall consult with the Commissioner of Health and Senior Services regarding provider agreements, quality assurance programs, and utilization management programs in determining whether the applicant for a license:

     (1)   Has demonstrated the potential ability to assure that health care services will be provided in a manner that will assure the availability and accessibility of the services;

     (2)   Has adequate arrangements for an ongoing quality assurance program, where applicable;

     (3)   Has established acceptable forms for provider agreements to be used by the system; and

     (4)   Has demonstrated that the persons who are to perform the health care services are properly qualified.]  (Deleted by amendment, P.L.    , c.   ) (pending before the Legislature as this bill).

     c.     The Commissioner of Banking and Insurance [, in consultation with the Commissioner of Health and Senior Services], may deny an application for a license if the applicant fails to meet any of the standards provided in this act or on any other reasonable grounds.  If the license is denied, the Commissioner of Banking and Insurance shall notify the applicant and shall set forth the reasons for the denial in writing.  The applicant may request a hearing by notice to the commissioner within 30 days of receiving the notice of denial.  Upon such denial, the applicant shall submit to the commissioner a plan for bringing the organized delivery system into compliance or providing for the closing down of its business.

(cf:  P.L.1999, c.409, s.13)

 

     50.  Section 15 of P.L.1999, c.409 (C.17:48H-15) is amended to read as follows:

     15.  A licensed organized delivery system may:

     a.     Contract with an insurer licensed in this State for the provision of indemnity coverage against the cost of services provided by the system or other obligations of the system, either on an individual or aggregate attachment basis; and

     b.    In addition to comprehensive or limited services, as applicable, provided by the system for enrollees or contract holders, provide:

     (1)   Additional services as approved by the Commissioner of Banking and Insurance [, in consultation with the Commissioner of Health and Senior Services];

     (2)   Indemnity benefits covering urgent care or emergency services;

     (3)   Coverage for services from providers, other than participating providers, in accordance with the terms of the contract; and

     (4)   Any other function provided by law, in the system's organizational documents or in the license.

(cf:  P.L.1999, c.409, s.15)

 

     51.  Section 31 of P.L.1999, c.409 (C.17:48H-31) is amended to read as follows:

     31.  Any certified organized delivery system which intends to change the means by which it receives compensation so that it will be compensated on a basis that entails the assumption of financial risk shall [notify the Commissioner of Health and Senior Services and] make application for licensure to the Commissioner of Banking and Insurance pursuant to this act.

(cf:  P.L.1999, c.409, s.31)

 

     52.  Section 32 of P.L.1999, c.409 (C.17:48H-32) is amended to read as follows:

     32.  The [Commissioners] Commissioner of Banking and Insurance [and Health and Senior Services] shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

     The [commissioners] commissioner shall adopt the rules and regulations within 180 days of the date of enactment of this act.

(cf:  P.L.1999, c.409, s.32)

 

     53.  Section 33 of P.L.1999, c.409 (C.17:48H-33) is amended to read as follows:

     33.  An organized delivery system which is [either certified by the Department of Health and Senior Services or] licensed by the Department of Banking and Insurance shall be subject to the "Health Care Quality Act," P.L.1997, c.192 (C.26:2S-1 et seq.) and the regulations promulgated thereunder.

(cf:  P.L.1999, c.409, s.33)

 

     54.  Section 35 of P.L.1999, c.409 (C.17:48H-35) is amended to read as follows:

     35.  Any documents provided by a organized delivery system to the Department of Banking and Insurance [or Health and Senior Services] pursuant to this act that are deemed by the Commissioner of Banking and Insurance [or the Commissioner of Health and Senior Services] to be proprietary, shall be confidential and shall not be considered public documents pursuant to P.L.1963, c.73 (C.47:1A-2).

(cf:  P.L.1999, c.409, s.35)

 

     55.  Section 3 of P.L.1995, c.316 (C.17B:27-46.11) is amended to read as follows:

     3.    No group health insurance policy providing hospital or medical expense benefits for groups with more than 50 persons shall be delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), unless the policy provides benefits to any named insured or other person covered thereunder for expenses incurred in the following:

     a.     Screening by blood lead measurement for lead poisoning for children, including confirmatory blood lead testing as specified by the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1); and medical evaluation and any necessary medical follow-up and treatment for lead poisoned children.

     b.    All childhood immunizations as recommended by the Advisory Committee on Immunization Practices of the United States Public Health Service and the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1). A health insurer shall notify its policyholders, in writing, of any change in coverage with respect to childhood immunizations and any related changes in premium.  Such notification shall be in a form and manner to be determined by the Commissioner of Banking and Insurance.

     c.     Screening for newborn hearing loss by appropriate electrophysiologic screening measures and periodic monitoring of infants for delayed onset hearing loss, pursuant to P.L.2001, c.373 (C.26:2-103.1 et al.).  Payment for this screening service shall be separate and distinct from payment for routine new baby care in the form of a newborn hearing screening fee as negotiated with the provider and facility.

     The benefits provided pursuant to this section shall be provided to the same extent as for any other medical condition under the policy, except that a deductible shall not be applied for benefits provided pursuant to this section; however, with respect to a policy that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), a deductible shall not be applied for any benefits provided pursuant to this section that represent preventive care as permitted by that federal law, and shall not be applied as provided pursuant to section 9 of P.L.2005, c.248 (C.17B:27-46.1dd). This section shall apply to all group health insurance policies in which the health insurer has reserved the right to change the premium.

(cf:  P.L.2005, c.248, s.7)

 

     56.  Section 4 of P.L.2001, c.368 (C.17B:27A-4.7) is amended to read as follows:

     4.    In addition to the health benefits plans offered by a carrier on the effective date of this act, a carrier that writes individual health benefits plans pursuant to P.L.1992, c.161 (C.17B:27A-2 et al.) may also offer one or more of the plans through the carrier's network of providers, with no reimbursement for any out-of-network benefits other than emergency care, urgent care, and continuity of care. A carrier's network of providers shall be subject to review and approval or disapproval by the Commissioner of Banking and Insurance, in consultation with the Commissioner of Health [and Senior Services], pursuant to regulations promulgated by the Department of Banking and Insurance, including review and approval or disapproval before plans with benefits provided through a carrier's network of providers pursuant to this section may be offered by the carrier. Policies or contracts written on this basis shall be rated in a separate rating pool for the purposes of establishing a premium, but for the purpose of determining a carrier's losses, these policies or contracts shall be aggregated with the losses on the carrier's other business written pursuant to the provisions of P.L.1992, c.161 (C.17B:27A-2 et al.).

(cf:  P.L.2008, c.38, s.13)


     57.  Section 6 of P.L.1992, c.161 (C.17B:27A-7) is amended to read as follows:

     6.    The commissioner shall approve the policy and contract forms and benefit levels to be made available by all carriers for the health benefits plans required to be issued pursuant to section 3 of P.L.1992, c.161 (C.17B:27A-4), and shall adopt such modifications to one or more plans as the board determines are necessary to make available a "high deductible health plan" or plans consistent with section 301 of Title III of the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191 (26 U.S.C. s.220), regarding tax-deductible medical savings accounts, within 60 days after the enactment of P.L.1997, c.414 (C.54A:3-4 et al.).  The commissioner shall provide the board with an informational filing of the policy and contract forms and benefit levels it approves.

     a.     The individual health benefits plans established by the board may include cost containment measures such as, but not limited to: utilization review of health care services, including review of medical necessity of hospital and physician services; case management benefit alternatives; selective contracting with hospitals, physicians, and other health care providers; and reasonable benefit differentials applicable to participating and nonparticipating providers; and other managed care provisions.

     b.    An individual health benefits plan offered pursuant to section 3 of P.L.1992, c.161 (C.17B:27A-4) shall contain a limitation of no more than 12 months on coverage for preexisting conditions.  An individual health benefits plan offered pursuant to section 3 of P.L.1992, c.161 (C.17B:27A-4) shall not contain a preexisting condition limitation of any period under the following circumstances:

     (1)   to an individual who has, under creditable coverage, with no intervening lapse in coverage of more than 31 days, been treated or diagnosed by a physician for a condition under that plan or satisfied a 12-month preexisting condition limitation; or

     (2)   to a federally defined eligible individual who applies for an individual health benefits plan within 63 days of termination of the prior coverage.

     c.     In addition to the standard individual health benefits plans provided for in section 3 of P.L.1992, c.161 (C.17B:27A-4), the board may develop up to five rider packages.  Premium rates for the rider packages shall be determined in accordance with section 8 of P.L.1992, c.161 (C.17B:27A-9).

     d.    After the board's establishment of the individual health benefits plans required pursuant to section 3 of P.L.1992, c.161 (C.17B:27A-4), and notwithstanding any law to the contrary, a carrier shall file the policy or contract forms with the commissioner and certify to the commissioner that the health benefits plans to be used by the carrier are in substantial compliance with the provisions in the corresponding approved plans.  The certification shall be signed by the chief executive officer of the carrier.  Upon receipt by the commissioner of the certification, the certified plans may be used until the commissioner, after notice and hearing, disapproves their continued use.

     e.     Effective immediately for an individual health benefits plan issued on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.) and effective on the first 12-month anniversary date of an individual health benefits plan in effect on the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), the individual health benefits plans required pursuant to section 3 of P.L.1992, c.161 (C.17B:27A-4), including any plan offered by a federally qualified health maintenance organization, shall contain benefits for expenses incurred in the following:

     (1)   Screening by blood lead measurement for lead poisoning for children, including confirmatory blood lead testing as specified by the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1); and medical evaluation and any necessary medical follow-up and treatment for lead poisoned children.

     (2)   All childhood immunizations as recommended by the Advisory Committee on Immunization Practices of the United States Public Health Service and the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1).  A carrier shall notify its insureds, in writing, of any change in the health care services provided with respect to childhood immunizations and any related changes in premium.  Such notification shall be in a form and manner to be determined by the Commissioner of Banking and Insurance.

     (3)   Screening for newborn hearing loss by appropriate electrophysiologic screening measures and periodic monitoring of infants for delayed onset hearing loss, pursuant to P.L.2001, c.373 (C.26:2-103.1 et al.). Payment for this screening service shall be separate and distinct from payment for routine new baby care in the form of a newborn hearing screening fee as negotiated with the provider and facility.

     The benefits provided pursuant to this subsection shall be provided to the same extent as for any other medical condition under the health benefits plan, except that a deductible shall not be applied for benefits provided pursuant to this subsection; however, with respect to a health benefits plan that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), a deductible shall not be applied for any benefits provided pursuant to this subsection that represent preventive care as permitted by that federal law, and shall not be applied as provided pursuant to section 14 of P.L.2005, c.248 (C.17B:27A-7.11).  This subsection shall apply to all individual health benefits plans in which the carrier has reserved the right to change the premium.

     f.     Effective immediately for a health benefits plan issued on or after the effective date of P.L.2001, c.361 (C.17:48-6z et al.) and effective on the first 12-month anniversary date of a health benefits plan in effect on the effective date of P.L.2001, c.361 (C.17:48-6z et al.), the health benefits plans required pursuant to section 3 of P.L.1992, c.161 (C.17B:27A-4) that provide benefits for expenses incurred in the purchase of prescription drugs shall provide benefits for expenses incurred in the purchase of specialized non-standard infant formulas, when the covered infant's physician has diagnosed the infant as having multiple food protein intolerance and has determined such formula to be medically necessary, and when the covered infant has not been responsive to trials of standard non-cow milk-based formulas, including soybean and goat milk.  The coverage may be subject to utilization review, including periodic review, of the continued medical necessity of the specialized infant formula.

     The benefits shall be provided to the same extent as for any other prescribed items under the health benefits plan.

     This subsection shall apply to all individual health benefits plans in which the carrier has reserved the right to change the premium.

     g.     Effective immediately for an individual health benefits plan issued on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.) and effective on the first 12-month anniversary date of an individual health benefits plan in effect on the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), the health benefits plans required pursuant to section 3 of P.L.1992, c.161 (C.17B:27A-4) that qualify as high deductible health plans for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), including any plan offered by a federally qualified health maintenance organization, shall contain benefits for expenses incurred in connection with any medically necessary benefits provided in-network which represent preventive care as permitted by that federal law.

     The benefits provided pursuant to this subsection shall be provided to the same extent as for any other medical condition under the health benefits plan, except that a deductible shall not be applied for benefits provided pursuant to this subsection.  This subsection shall apply to all individual health benefits plans in which the carrier has reserved the right to change the premium.

(cf:  P.L.2008, c.38, s.15)

 

     58.  Section 3 of P.L.1992, c.162 (C.17B:27A-19) is amended to read as follows:

     3.    a. Except as provided in subsection f. of this section, every small employer carrier shall, as a condition of transacting business in this State, offer to every small employer at least three of the health benefit plans established by the board, as provided in this section, and also offer and make a good faith effort to market individual health benefits plans as provided in section 3 of P.L.1992, c.161 (C.17B:27A-4).  The board shall establish a standard policy form for each of the plans, which except as otherwise provided in subsection j. of this section, shall be the only plans offered to small groups on or after January 1, 1994.  One policy form shall contain the benefits provided for in sections 55, 57, and 59 of P.L.1991, c.187 (C.17:48E-22.2, 17B:26B-2 and 26:2J-4.3).  In the case of indemnity carriers, one policy form shall be established which contains benefits and cost sharing levels which are equivalent to the health benefits plans of health maintenance organizations pursuant to the "Health Maintenance Organization Act of 1973," Pub.L.93-222 (42 U.S.C. s.300e et seq.). The remaining policy forms shall contain basic hospital and medical-surgical benefits, including, but not limited to:

     (1)   Basic inpatient and outpatient hospital care;

     (2)   Basic and extended medical-surgical benefits;

     (3)   Diagnostic tests, including X-rays;

     (4)   Maternity benefits, including prenatal and postnatal care; and

     (5)   Preventive medicine, including periodic physical examinations and inoculations.

     At least three of the forms shall provide for major medical benefits in varying lifetime aggregates, one of which shall provide at least $1,000,000 in lifetime aggregate benefits.  The policy forms provided pursuant to this section shall contain benefits representing progressively greater actuarial values.

     Notwithstanding the provisions of this subsection to the contrary, the board also may establish additional policy forms by which a small employer carrier, other than a health maintenance organization, may provide indemnity benefits for health maintenance organization enrollees by direct contract with the enrollees' small employer through a dual arrangement with the health maintenance organization.  The dual arrangement shall be filed with the commissioner for approval.  The additional policy forms shall be consistent with the general requirements of P.L.1992, c.162 (C.17B:27A-17 et seq.).

     b.    Initially, a carrier shall offer a plan within 90 days of the approval of such plan by the commissioner.  Thereafter, the plans shall be available to all small employers on a continuing basis. Every small employer which elects to be covered under any health benefits plan who pays the premium therefor and who satisfies the participation requirements of the plan shall be issued a policy or contract by the carrier.

     c.     The carrier may establish a premium payment plan which provides installment payments and which may contain reasonable provisions to ensure payment security, provided that provisions to ensure payment security are uniformly applied.

     d.    In addition to the standard policies described in subsection a. of this section, the board may develop up to five rider packages.  Any such package which a carrier chooses to offer shall be issued to a small employer who pays the premium therefor, and shall be subject to the rating methodology set forth in section 9 of P.L.1992, c.162 (C.17B:27A-25).

     e.     (Deleted by amendment, P.L.2008, c.38).

     f.     Notwithstanding the provisions of this section to the contrary, a health maintenance organization which is a qualified health maintenance organization pursuant to the "Health Maintenance Organization Act of 1973," Pub.L.93-222 (42 U.S.C.s.300e et seq.) shall be permitted to offer health benefits plans formulated by the board and approved by the commissioner which are in accordance with the provisions of that law in lieu of the plans required pursuant to this section.

     Notwithstanding the provisions of this section to the contrary, a health maintenance organization which is approved pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) shall be permitted to offer health benefits plans formulated by the board and approved by the commissioner which are in accordance with the provisions of that law in lieu of the plans required pursuant to this section, except that the plans shall provide the same level of benefits as required for a federally qualified health maintenance organization, including any requirements concerning copayments by enrollees.

     g.     A carrier shall not be required to own or control a health maintenance organization or otherwise affiliate with a health maintenance organization in order to comply with the provisions of this section, but the carrier shall be required to offer at least three of the health benefits plans which are formulated by the board and approved by the commissioner, including one plan which contains benefits and cost sharing levels that are equivalent to those required for health maintenance organizations.

     h.     Notwithstanding the provisions of subsection a. of this section to the contrary, the board may modify the benefits provided for in sections 55, 57 and 59 of P.L.1991, c.187 (C.17:48E-22.2, 17B:26B-2 and 26:2J-4.3).

     i.      (1) In addition to the rider packages provided for in subsection d. of this section, every carrier may offer, in connection with the health benefits plans required to be offered by this section, any number of riders which may revise the coverage offered by the plans in any way, provided, however, that any form of such rider or amendment thereof which decreases benefits or decreases the actuarial value of a plan shall be filed for informational purposes with the board and for approval by the commissioner before such rider may be sold.  Any rider or amendment thereof which adds benefits or increases the actuarial value of a plan shall be filed with the board for informational purposes before such rider may be sold. The added premium or reduction in premium for each rider, as applicable, shall be listed separately from the premium for the standard plan.

     The commissioner shall disapprove any rider filed pursuant to this subsection that is unjust, unfair, inequitable, unreasonably discriminatory, misleading, contrary to law or the public policy of this State.  The commissioner shall not approve any rider which reduces benefits below those required by sections 55, 57 and 59 of P.L.1991, c.187 (C.17:48E-22.2, 17B:26B-2 and 26:2J-4.3) and required to be sold pursuant to this section. The commissioner's determination shall be in writing and shall be appealable.

     (2)   The benefit riders provided for in paragraph (1) of this subsection shall be subject to the provisions of section 2, subsection b. of section 3, and sections 6, 7, 8, 9 and 11 of P.L.1992, c.162 (C.17B:27A-18, 17B:27A-19, 17B:27A-22, 17B:27A-23, 17B:27A-24, 17B:27A-25, and 17B:27A-27).

     j.     (1) Notwithstanding the provisions of P.L.1992, c.162 (C.17B:27A-17 et seq.) to the contrary, a health benefits plan issued by or through a carrier, association, or multiple employer arrangement prior to January 1, 1994 or, if the requirements of subparagraph (c) of paragraph (6) of this subsection are met, issued by or through an out-of-State trust prior to January 1, 1994, at the option of a small employer policy or contract holder, may be renewed or continued after February 28, 1994, or in the case of such a health benefits plan whose anniversary date occurred between March 1, 1994 and the effective date of P.L.1994, c.11 (C.17B:27A-19.1 et al.), may be reinstated within 60 days of that anniversary date and renewed or continued if, beginning on the first 12-month anniversary date occurring on or after the sixtieth day after the board adopts regulations concerning the implementation of the rating factors permitted by section 9 of P.L.1992, c.162 (C.17B:27A-25) and, regardless of the situs of delivery of the health benefits plan, the health benefits plan renewed, continued or reinstated pursuant to this subsection complies with the provisions of section 2, subsection b. of section 3, and sections 6, 7, 8, 9 and 11 of P.L.1992, c.162 (C.17B:27A-18, 17B:27A-19, 17B:27A-22, 17B:27A-23, 17B:27A-24, 17B:27A-25 and 17B:27A-27) and section 7 of P.L.1995, c.340 (C.17B:27A-19.3).

     Nothing in this subsection shall be construed to require an association, multiple employer arrangement or out-of-State trust to provide health benefits coverage to small employers that are not contemplated by the organizational documents, bylaws, or other regulations governing the purpose and operation of the association, multiple employer arrangement or out-of-State trust. Notwithstanding the foregoing provision to the contrary, an association, multiple employer arrangement or out-of-State trust that offers health benefits coverage to its members' employees and dependents:

     (a)   shall offer coverage to all eligible employees and their dependents within the membership of the association, multiple employer arrangement or out-of-State trust;

     (b)   shall not use actual or expected health status in determining its membership; and

     (c)   shall make available to its small employer members at least one of the standard benefits plans, as determined by the commissioner, in addition to any health benefits plan permitted to be renewed or continued pursuant to this subsection.

     (2)   Notwithstanding the provisions of this subsection to the contrary, a carrier or out-of-State trust which writes the health benefits plans required pursuant to subsection a. of this section shall be required to offer those plans to any small employer, association or multiple employer arrangement.

     (3)   (a) A carrier, association, multiple employer arrangement, or out-of-State trust may withdraw a health benefits plan marketed to small employers that was in effect on December 31, 1993 with the approval of the commissioner.  The commissioner shall approve a request to withdraw a plan, consistent with regulations adopted by the commissioner, only on the grounds that retention of the plan would cause an unreasonable financial burden to the issuing carrier, taking into account the rating provisions of section 9 of P.L.1992, c.162 (C.17B:27A-25) and section 7 of P.L.1995, c.340 (C.17B:27A-19.3).

     (b)   A carrier which has renewed, continued or reinstated a health benefits plan pursuant to this subsection that has not been newly issued to a new small employer group since January 1, 1994, may, upon approval of the commissioner, continue to establish its rates for that plan based on the loss experience of that plan if the carrier does not issue that health benefits plan to any new small employer groups.

     (4)   (Deleted by amendment, P.L.1995, c.340).

     (5)   A health benefits plan that otherwise conforms to the requirements of this subsection shall be deemed to be in compliance with this subsection, notwithstanding any change in the plan's deductible or copayment.

     (6)   (a) Except as otherwise provided in subparagraphs (b) and (c) of this paragraph, a health benefits plan renewed, continued or reinstated pursuant to this subsection shall be filed with the commissioner for informational purposes within 30 days after its renewal date.  No later than 60 days after the board adopts regulations concerning the implementation of the rating factors permitted by section 9 of P.L.1992, c.162 (C.17B:27A-25) the filing shall be amended to show any modifications in the plan that are necessary to comply with the provisions of this subsection.  The commissioner shall monitor compliance of any such plan with the requirements of this subsection, except that the board shall enforce the loss ratio requirements.

     (b)   A health benefits plan filed with the commissioner pursuant to subparagraph (a) of this paragraph may be amended as to its benefit structure if the amendment does not reduce the actuarial value and benefits coverage of the health benefits plan below that of the lowest standard health benefits plan established by the board pursuant to subsection a. of this section.  The amendment shall be filed with the commissioner for approval pursuant to the terms of sections 4, 8, 12 and 25 of P.L.1995, c.73 (C.17:48-8.2, 17:48A-9.2, 17:48E-13.2 and 26:2J-43), N.J.S.17B:26-1 and N.J.S.17B:27-49, as applicable, and shall comply with the provisions of sections 2 and 9 of P.L.1992, c.162 (C.17B:27A-18 and 17B:27A-25) and section 7 of P.L.1995, c.340 (C.17B:27A-19.3).

     (c)   A health benefits plan issued by a carrier through an out-of-State trust shall be permitted to be renewed or continued pursuant to paragraph (1) of this subsection upon approval by the commissioner and only if the benefits offered under the plan are at least equal to the actuarial value and benefits coverage of the lowest standard health benefits plan established by the board pursuant to subsection a. of this section.  For the purposes of meeting the requirements of this subparagraph, carriers shall be required to file with the commissioner the health benefits plans issued through an out-of-State trust no later than 180 days after the date of enactment of P.L.1995, c.340.  A health benefits plan issued by a carrier through an out-of-State trust that is not filed with the commissioner pursuant to this subparagraph, shall not be permitted to be continued or renewed after the 180-day period.

     (7)   Notwithstanding the provisions of P.L.1992, c.162 (C.17B:27A-17 et seq.) to the contrary, an association, multiple employer arrangement or out-of-State trust may offer a health benefits plan authorized to be renewed, continued or reinstated pursuant to this subsection to small employer groups that are otherwise eligible pursuant to paragraph (1) of subsection j. of this section during the period for which such health benefits plan is otherwise authorized to be renewed, continued or reinstated.

     (8)   Notwithstanding the provisions of P.L.1992, c.162 (C.17B:27A-17 et seq.) to the contrary, a carrier, association, multiple employer arrangement or out-of-State trust may offer coverage under a health benefits plan authorized to be renewed, continued or reinstated pursuant to this subsection to new employees of small employer groups covered by the health benefits plan in accordance with the provisions of paragraph (1) of this subsection.

     (9)   Notwithstanding the provisions of P.L.1992, c.162 (C.17B:27A-17 et seq.) or P.L.1992, c.161 (C.17B:27A-2 et al.) to the contrary, any individual, who is eligible for small employer coverage under a policy issued, renewed, continued or reinstated pursuant to this subsection, but who would be subject to a preexisting condition exclusion under the small employer health benefits plan, or who is a member of a small employer group who has been denied coverage under the small employer group health benefits plan for health reasons, may elect to purchase or continue coverage under an individual health benefits plan until such time as the group health benefits plan covering the small employer group of which the individual is a member complies with the provisions of P.L.1992, c.162 (C.17B:27A-17 et seq.).

     (10) In a case in which an association made available a health benefits plan on or before March 1, 1994 and subsequently changed the issuing carrier between March 1, 1994 and the effective date of P.L.1995, c.340, the new issuing carrier shall be deemed to have been eligible to continue and renew the plan pursuant to paragraph (1) of this subsection.

     (11) In a case in which an association, multiple employer arrangement or out-of-State trust made available a health benefits plan on or before March 1, 1994 and subsequently changes the issuing carrier for that plan after the effective date of P.L.1995, c.340, the new issuing carrier shall file the health benefits plan with the commissioner for approval in order to be deemed eligible to continue and renew that plan pursuant to paragraph (1) of this subsection.

     (12) In a case in which a small employer purchased a health benefits plan directly from a carrier on or before March 1, 1994 and subsequently changes the issuing carrier for that plan after the effective date of P.L.1995, c.340, the new issuing carrier shall file the health benefits plan with the commissioner for approval in order to be deemed eligible to continue and renew that plan pursuant to paragraph (1) of this subsection.

     Notwithstanding the provisions of subparagraph (b) of paragraph (6) of this subsection to the contrary, a small employer who changes its health benefits plan's issuing carrier pursuant to the provisions of this paragraph, shall not, upon changing carriers, modify the benefit structure of that health benefits plan within six months of the date the issuing carrier was changed.

     k.    Effective immediately for a health benefits plan issued on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.) and effective on the first 12-month anniversary date of a health benefits plan in effect on the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), the health benefits plans required pursuant to this section, including any plans offered by a State approved or federally qualified health maintenance organization, shall contain benefits for expenses incurred in the following:

     (1)   Screening by blood lead measurement for lead poisoning for children, including confirmatory blood lead testing as specified by the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1); and medical evaluation and any necessary medical follow-up and treatment for lead poisoned children.

     (2)   All childhood immunizations as recommended by the Advisory Committee on Immunization Practices of the United States Public Health Service and the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1).  A carrier shall notify its insureds, in writing, of any change in the health care services provided with respect to childhood immunizations and any related changes in premium.  Such notification shall be in a form and manner to be determined by the Commissioner of Banking and Insurance.

     (3)   Screening for newborn hearing loss by appropriate electrophysiologic screening measures and periodic monitoring of infants for delayed onset hearing loss, pursuant to P.L.2001, c.373 (C.26:2-103.1 et al.). Payment for this screening service shall be separate and distinct from payment for routine new baby care in the form of a newborn hearing screening fee as negotiated with the provider and facility.

     The benefits provided pursuant to this subsection shall be provided to the same extent as for any other medical condition under the health benefits plan, except that a deductible shall not be applied for benefits provided pursuant to this subsection; however, with respect to a small employer health benefits plan that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), a deductible shall not be applied for any benefits that represent preventive care as permitted by that federal law, and shall not be applied as provided pursuant to section 16 of P.L.2005, c.248 (C.17B:27A-19.14).  This subsection shall apply to all small employer health benefits plans in which the carrier has reserved the right to change the premium.

     l.      The board shall consider including benefits for speech-language pathology and audiology services, as rendered by speech-language pathologists and audiologists within the scope of their practices, in at least one of the standard policies and in at least one of the five riders to be developed under this section.

     m.    Effective immediately for a health benefits plan issued on or after the effective date of P.L.2001, c.361 (C.17:48-6z et al.) and effective on the first 12-month anniversary date of a health benefits plan in effect on the effective date of P.L.2001, c.361 (C.17:48-6z et al.), the health benefits plans required pursuant to this section that provide benefits for expenses incurred in the purchase of prescription drugs shall provide benefits for expenses incurred in the purchase of specialized non-standard infant formulas, when the covered infant's physician has diagnosed the infant as having multiple food protein intolerance and has determined such formula to be medically necessary, and when the covered infant has not been responsive to trials of standard non-cow milk-based formulas, including soybean and goat milk.  The coverage may be subject to utilization review, including periodic review, of the continued medical necessity of the specialized infant formula.

     The benefits shall be provided to the same extent as for any other prescribed items under the health benefits plan.

     This subsection shall apply to all small employer health benefits plans in which the carrier has reserved the right to change the premium.

     n.     Effective immediately for a health benefits plan issued on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.) and effective on the first 12-month anniversary date of a small employer health benefits plan in effect on the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), the health benefits plans required pursuant to this section that qualify as high deductible health plans for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), including any plans offered by a State approved or federally qualified health maintenance organization, shall contain benefits for expenses incurred in connection with any medically necessary benefits provided in-network that represent preventive care as permitted by that federal law.

     The benefits provided pursuant to this subsection shall be provided to the same extent as for any other medical condition under the health benefits plan, except that no deductible shall be applied for benefits provided pursuant to this subsection.  This subsection shall apply to all small employer health benefits plans in which the carrier has reserved the right to change the premium.

(cf:  P.L.2008, c.38, s.21)

 

     59.  Section 5 of P.L.2001, c.368 (C.17B:27A-19.11) is amended to read as follows:

     5.    In addition to the standard health benefits plans offered by a carrier on the effective date of this act, a carrier that writes small employer health benefits plans pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.) may also offer one or more of the plans through the carrier's network of providers, with no reimbursement for any out-of-network benefits other than emergency care, urgent care, and continuity of care.  A carrier's network of providers shall be subject to review and approval or disapproval by the Commissioner of Banking and Insurance, in consultation with the Commissioner of Health [and Senior Services], pursuant to regulations promulgated by the Department of Banking and Insurance, including review and approval or disapproval before plans with benefits provided through a carrier's network of providers pursuant to this section may be offered by the carrier. Policies or contracts written on this basis shall be rated in a separate rating pool for the purposes of establishing a premium, but for the purpose of determining a carrier's losses, these policies or contracts shall be aggregated with the losses on the carrier's other business written pursuant to the provisions of P.L.1992, c.162 (C.17B:27A-17 et seq.).

(cf:  P.L.2008, c.38, s.22)

 

     60.  Section 13 of P.L.1992, c.162 (C.17B:27A-29) is amended to read as follows:

     13.  a. Within 60 days of the effective date of this act, the commissioner shall give notice to all members of the time and place for the initial organizational meeting, which shall take place within 90 days of the effective date.  The members shall elect the initial board, subject to the approval of the commissioner.  The board shall consist of 10 elected public members and two ex officio members who include the Commissioner of Health [and Senior Services] and the commissioner or their designees.  Initially, three of the public members of the board shall be elected for a three-year term, three shall be elected for a two-year term, and three shall be elected for a one-year term. Thereafter, all elected board members shall serve for a term of three years.  The following categories shall be represented among the elected public members:

     (1)   Three carriers whose principal health insurance business is in the small employer market;

     (2)   One carrier whose principal health insurance business is in the large employer market;

     (3)   A health service corporation or a domestic stock insurer which converted from a health service corporation pursuant to the provisions of P.L.2001, c.131 (C.17:48E-49 et al.) and is primarily engaged in the business of issuing health benefit plans in this State;

     (4)   Two health maintenance organizations; and

     (5)   (Deleted by amendment, P.L.1995, c.298).

     (6)   (Deleted by amendment, P.L.1995, c.298).

     (7)   Three persons representing small employers, at least one of whom represents minority small employers.

     No carrier shall have more than one representative on the board.

     The board shall hold an election for the two members added pursuant to P.L.1995, c.298 within 90 days of the date of enactment of that act.  Initially, one of the two new members shall serve for a term of one year and one of the two new members shall serve for a term of two years.  Thereafter, the new members shall serve for a term of three years.  The terms of the risk-assuming carrier and reinsuring carrier shall terminate upon the election of the two new members added pursuant to P.L.1995, c.298, notwithstanding the provisions of this section to the contrary.

     In addition to the 10 elected public members, the board shall include six public members appointed by the Governor with the advice and consent of the Senate who shall include:

     Two insurance producers licensed to sell health insurance pursuant to P.L.1987, c.293 (C.17:22A-1 et seq.);

     One representative of organized labor;

     One physician licensed to practice medicine and surgery in this State; and

     Two persons who represent the general public and are not employees of a health benefits plan provider.

     The public members shall be appointed for a term of three years, except that of the members first appointed, two shall be appointed for a term of one year, two for a term of two years and two for a term of three years.

     A vacancy in the membership of the board shall be filled for an unexpired term in the manner provided for the original election or appointment, as appropriate.

     b.    If the initial board is not elected at the organizational meeting, the commissioner shall appoint the public members within 15 days of the organizational meeting, in accordance with the provisions of paragraphs (1) through (7) of subsection a. of this section.

     c.     (Deleted by amendment, P.L.1995, c.298).

     d.    All meetings of the board shall be subject to the requirements of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).

     e.     At least two copies of the minutes of every meeting of the board shall be delivered forthwith to the commissioner.

(cf:  P.L. 2001, c.131, s.22)

 

     61.  Section 4 of P.L.2003, c.193 (C.17B:27D-4) is amended to read as follows:

     4.    The commission shall consist of 17 voting members as follows: the Commissioners of Health [and Senior Services], Human Services and Banking and Insurance or their designees, who shall serve ex officio; three public members appointed by the President of the Senate, who shall include a representative of a commercial health insurance company, a physician licensed in this State who is a member of the Medical Society of New Jersey, and a representative of the New Jersey Business and Industry Association, no more than two of whom shall be from the same political party; three public members appointed by the Speaker of the General Assembly, who shall include a representative of a health service corporation, a physician licensed in this State, and a representative of organized labor, no more than two of whom shall be from the same political party; and eight public members appointed by the Governor, who shall include a medical educator from the University of Medicine and Dentistry of New Jersey whose major field of expertise is the study and evaluation of the cost of health care and health insurance, a representative of the New Jersey Association of Health Plans, a representative of the New Jersey Hospital Association, a representative of the New Jersey State Nurses Association, a representative of the New Jersey Dental Association, a representative of a consumer advocacy organization and two representatives of the general public who are knowledgeable about health benefits plans.

     The President of the Senate may appoint two members of the Senate, no more than one of whom shall be from the same political party, to serve as nonvoting members of the commission.  The Speaker of the General Assembly may appoint two members of the General Assembly, no more than one of whom shall be from the same political party, to serve as nonvoting members of the commission.  The legislative members shall serve during their legislative term of office.

     Of the voting members first appointed, four shall serve for a term of two years, four for a term of three years, and three for a term of four years.

     Voting members appointed thereafter shall serve four-year terms, and any vacancy shall be filled by appointment for the unexpired term only.  A member is eligible for reappointment.  Vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made.

(cf:  P.L.2003, c.193, s.4)

 

     62.  Section 5 of P.L.2003, c.193 (C.17B:27D-5) is amended to read as follows:

     5.    a.  The commission shall organize and hold its first meeting within 90 days after the appointment of its members and shall elect a chairman and a vice chairman from among its members.  The commission may appoint a secretary, who need not be a member of the commission.

     b.    The members of the commission shall serve without compensation but may be allowed their actual and necessary expenses incurred in the performance of their duties within the limits of funds appropriated or otherwise made available to the commission for this purpose.

     c.     The Department of Banking and Insurance, in consultation with the Department of Health [and Senior Services], shall assist the commission in the performance of its duties.

     d.    The commission shall be entitled to call upon the services of any State, county or municipal department, board, commission or agency as it may require and as may be available to it for these purposes, and to incur such traveling and other miscellaneous expenses as it may deem necessary for the proper execution of its duties and as may be within the limit of funds appropriated or otherwise made available to it for these purposes.


     e.     The commission shall meet regularly, and at a minimum of four times per year.  Special meetings may be called by the chairman of the commission.

(cf:  P.L.2003, c.193, s.5)

 

     63.  Section 6 of P.L.2003, c.193 (C.17B:27D-6) is amended to read as follows:

     6.    It shall be the duty of the commission to review any bill introduced in either House of the Legislature that would require a carrier to provide a mandated health benefit, as provided in this section.

     a.     Whenever a bill containing a mandated health benefit is introduced in the Legislature, the chairman of the standing reference committee to which the bill has been referred in the House in which it was introduced shall, upon introduction of the bill, request the commission to prepare a written report that assesses the social and financial effects and the medical efficacy of the proposed mandated health benefit.

     If the bill is subsequently amended, a prime sponsor or the presiding officer of the House in which the bill is pending may request the commission to amend or revise its report to reflect the changes made by the amendment.

     b.    (1) For the period ending December 31, 2003, the commission shall complete its review of a bill within 90 days after the date the review is requested, and provide its comments and recommendations in writing to the prime sponsor, committee chairman and presiding officer of the House in which the bill is pending.  The commission may request an extension prior to the 90th day, in which case the presiding officer of the House in which the bill is pending may grant an extension of up to 45 days for the commission to complete its review.

     (2)   Beginning January 1, 2004, the commission shall complete its review of a bill within 60 days after the date the review is requested, and provide its comments and recommendations in writing to the prime sponsor, committee chairman and presiding officer of the House in which the bill is pending.  The commission may request an extension prior to the 60th day, in which case the presiding officer of the House in which the bill is pending may grant an extension of up to 45 days for the commission to complete its review.

     c.     The House or standing reference committee, as applicable, shall not consider or vote upon the bill until either:  (1)  the commission completes its review and provides its comments and recommendations in writing to the prime sponsor, committee chairman and presiding officer of the House in which the bill is pending, or  (2)  the 90th or 60th day, as applicable, after the date the review is requested, if no extension was granted, or the designated day for the end of the extension period, whichever is later.

     d.    (1) If the presiding officer of the House in which the bill is pending determines that the bill is an urgent matter, the presiding officer shall so notify in writing the commission and the chairman of the standing reference committee to which the bill was referred, and the House or committee may consider and vote upon the bill as soon as practicable.

     (2)   If the chairman of the standing reference committee to which the bill is referred, in consultation with the Commissioner of Health [and Senior Services], determines that the bill is of such an urgent nature that it would seriously impair the public health to wait for the commission to issue its report, the chairman shall so notify in writing the presiding officer of the House in which the bill is pending, and the commission, of that determination, and the standing reference committee, with the agreement of the presiding officer of the House, may consider and vote upon the bill as soon as practicable.

(cf:  P.L.2003, c.193, s.6)

 

     64.  Section 7 of P.L.2003, c.193 (C.17B:27D-7) is amended to read as follows:

     7.    The review of a bill containing a proposed mandated health benefit by the commission shall include the following:

     a.     The social impact of mandating the health benefit, which shall include:

     (1)   the extent to which the proposed mandated health benefit and the services it would provide are needed by, available to and utilized by the population of New Jersey;

     (2)   the extent to which insurance coverage for the proposed mandated health benefit already exists or, if no coverage exists, the extent to which the lack of coverage results in inadequate health care or financial hardship for the affected population of New Jersey;

     (3)   the demand for the proposed mandated health benefit from the public and the source and extent of opposition to mandating the health benefit;

     (4)   relevant findings bearing on the social impact of the lack of the proposed mandated health benefit; and

     (5)   such other information with respect to the social impact as the commission deems appropriate.

     b.    The financial impact of mandating the health benefit, which shall include:

     (1)   the extent to which the proposed mandated health benefit would increase or decrease the cost for treatment or service;

     (2)   the extent to which similar mandated health benefits in other states have affected charges, costs and payments for services;

     (3)   the extent to which the proposed mandated health benefit would increase the appropriate use of the treatment or service;

     (4)   the impact of the proposed mandated health benefit on total costs to carriers and on administrative costs;

     (5)   the impact of the proposed mandated health benefit on total costs to purchasers and benefit costs;

     (6)   the impact of the proposed mandated health benefit on the total cost of health care within New Jersey; and

     (7)   such other information with respect to the financial impact as the commission deems appropriate.

     c.     The medical efficacy of mandating the health benefit, which shall include:

     (1)   if the proposed health benefit mandates coverage of a particular treatment or therapy, the recommendation of a clinical study or review article in a major peer-reviewed professional journal;

     (2)   if the proposed benefit mandates coverage of the services provided by an additional class of practitioners, the results of at least one professionally accepted, controlled trial comparing the medical results achieved by the additional class of practitioners and the practitioners already covered by benefits;

     (3)   the results of other research;

     (4)   the impact of the proposed benefit on the general availability of health benefits coverage in New Jersey; and

     (5)   such other information with respect to the medical efficacy as the commission deems appropriate.

     d.    The effects of balancing the social, economic and medical efficacy considerations, which shall include, but not be limited to:

     (1)   the extent to which the need for coverage outweighs the costs of mandating the health benefit; and

     (2)   the extent to which the problem of coverage may be solved by mandating the availability of the coverage as an option under a health benefits plan.

     e.     An analysis of information collected from various sources, including, but not limited to:

     (1)   a State data collection system;

     (2)   the Departments of Health [and Senior Services] and Banking and Insurance;

     (3)   health planning organizations;

     (4)   proponents and opponents of the proposed health benefit mandate, who shall be encouraged to provide appropriate documentation supporting their positions.  The commission shall examine such documentation to determine whether:

     (a)   the documentation is complete;

     (b)   the assumptions upon which the research is based are valid;

     (c)   the research cited in the documentation meets professional standards;

     (d)   all relevant research respecting the proposed benefit has been cited in the documentation;

     (e)   the conclusions and interpretations in the documentation are consistent with the data submitted; and

     (5)   such other data sources as the commission deems appropriate.

     In analyzing information from the various sources, the commission shall give substantial weight to the documentation provided by the proponents and opponents of the mandate to the extent that such documentation is made available to them.

(cf:  P.L.2003, c.193, s.7)

 

     65.  Section 8 of P.L.2003, c.193 (C.17B:27D-8) is amended to read as follows:

     8.    In the course of studying and evaluating proposed mandated health benefits, the commission shall:

     a.     develop criteria for a system and program of data collection, for use by the Departments of Health [and Senior Services] and Banking and Insurance, to assess the impact of mandated health benefits, including the cost to employers and carriers, impact of treatment, cost savings in the health care system, number of providers, and other data as may be appropriate; and

     b.    review and comment to any State department, board, bureau, commission, or agency, with respect to any order or regulations proposed or implemented thereby that affect mandated health benefits.

(cf:  P.L.2003, c.193, s.8)

 

     66.  Section 1 of P.L.1999, c.154 (C.17B:30-23) is amended to read as follows:

     1.    a. (1) The Commissioner of Banking and Insurance, in consultation with the Commissioner of Health [and Senior Services], shall establish, by regulation, a timetable for implementation of the electronic receipt and transmission of health care claim information by each hospital, medical [or] , and health service corporation, individual and group health insurer, health maintenance organization, dental service corporation, dental plan organization, and prepaid prescription service organization, respectively, and a subsidiary of such corporation, insurer, or organization that processes health care benefits claims as a third party administrator, authorized to do business in this State.

     The Commissioner of Banking and Insurance shall establish the timetable within 90 days of the date the federal Department of Health and Human Services adopts rules establishing standards for health care transactions, including: health claims or equivalent encounter information, including institutional, professional, pharmacy, and dental health claims; enrollment and disenrollment in a health plan; eligibility for a health plan; health care payment and remittance advice; health care premium payments; first report of injury; health claim status; and referral certification and authorization, respectively, pursuant to section 262 of Pub.L.104-191 (42 U.S.C.s.1320d et seq.).  The commissioner may adopt more than one timetable, if necessary, to conform the requirements of this section with the dates of adoption of the federal rules.

     (2)   The timetable for implementation adopted by the commissioner shall provide for extensions and waivers of the implementation requirement pursuant to paragraph (1) of this subsection in cases when it has been demonstrated to the commissioner's satisfaction that compliance with the timetable for implementation will result in an undue hardship to a hospital, medical or health service corporation, individual or group health insurer, health maintenance organization, dental service corporation, dental plan organization, or prepaid prescription service organization, respectively, or a subsidiary of such corporation, insurer, or organization that processes health care benefits claims as a third party administrator, authorized to do business in this State.

     (3)   The Commissioner of Banking and Insurance shall report to the Governor and the Legislature within one year of establishing the timetable pursuant to this subsection, on the number of extensions and waivers of the implementation requirement that he has granted pursuant to paragraph (2) of this subsection, and the reasons therefor.

     b.    The Commissioner of Banking and Insurance, in consultation with the Commissioner of Health [and Senior Services], shall adopt, by regulation for each type of contract, as he deems appropriate, one set of standard health care enrollment and claim forms in paper and electronic formats to be used by each hospital, medical, or health service corporation, individual and group health insurer, health maintenance organization, dental service corporation, dental plan organization, and prepaid prescription service organization, and a subsidiary of such corporation, insurer, or organization that processes health care benefits claims as a third party administrator, authorized to do business in this State.

     The Commissioner of Banking and Insurance shall establish the standard health care enrollment and claim forms within 90 days of the date the federal Department of Health and Human Services adopts rules establishing standards for the forms.

(cf:  P.L.1999, c.154, s.1)

 

     67.  Section 15 of P.L.1999, c.154 (C.17B:30-24) is amended to read as follows:

     15.  The Commissioner of Banking and Insurance, in consultation with the Commissioner of Health [and Senior Services], shall adopt regulations to effectuate the purposes of sections 1 through 10 of this act, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).  To the extent practicable, the regulations shall include any provisions the commissioner deems appropriate that seek to reduce the amount of, or to consolidate, the paper forms sent by hospital, medical, health, and dental service corporations, and commercial insurers, health maintenance organizations, dental plan organizations, and prepaid prescription service organizations to health care providers and covered persons.

(cf:  P.L.1999, c.154, s.15)

 

     68.  Section 16 of P.L.1999, c.154 (C.17B:30-25) is amended to read as follows:

     16.  Thomas A. Edison State College shall study and monitor the effectiveness of electronic data interchange technology and electronic health records in reducing administrative costs, identify means by which new electronic data interchange technology and electronic health records can be implemented to effect health care system cost savings, and determine the extent of electronic data interchange technology and electronic health records use in the State's health care system.

     The Departments of Health [and Senior Services] and Banking and Insurance or any other department upon request shall cooperate with and provide assistance to the college in carrying out its study pursuant to this section.

     The college shall report to the Legislature and the Governor from time to time on its findings and recommendations.

(cf:  P.L.2005, c.352, s.19)

 

     69.  Section 2 of P.L.2003, c.112 (C.17B:30-42) is amended to read as follows:

     2.    As used in this act:

     "Coinsurance" means the percentage of a charge covered by a health plan that must be paid by a person covered under the health plan.

     "Collection agency" means the Department of the Treasury and any company, agency, or law firm engaged in collecting debts that the Department of the Treasury may determine to engage to assist it in collecting debts.

     "Debt" means money owed by a patient to a hospital, or by someone who is legally responsible for payment for a patient, and includes late payment penalties and interest thereon. It does not include monies owed to a hospital by a health plan for services provided by the hospital to a person with coverage under that plan, or amounts subject to dispute between a health plan and a hospital.

     "Debtor" means an individual owing money to or having a delinquent account with a hospital, which obligation has not been adjudicated, satisfied by court order, set aside by court order, or discharged in bankruptcy.

     "Deductible" means the amount of covered charges under a health plan that an individual must pay for services before a health plan begins to pay on a covered charge.

     "Department" means the Department of Health [and Senior Services].

     "General Hospital" and "hospital" have the meanings set forth in N.J.A.C.8:43G-1.2.

     "Health plan" means an individual or group health benefits plan that provides or pays the cost of hospital and medical expenses, dental or vision care, or prescription drugs, and is provided by or through an insurer, health maintenance organization, the Medicaid program, the Medicare program, a Medicare+Choice provider or Medicare supplemental insurer, an employer-sponsored group health benefits plan, government or church-sponsored health benefits plan or a multi-employer welfare arrangement.

     "Medicaid" means the program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     "Medicare" means the program established by Pub.L.89-97 (42 U.S.C. s.1395 et seq.) as amended, or its successor plan or plans.

     "Patient" means a person who receives services in a hospital on an inpatient or outpatient basis.

(cf:  P.L.2010, c.87, s.5)

 

     70.  Section 7 of P.L.2003, c.112 (C.17B:30-47) is amended to read as follows:

     7.    a. The following procedures shall apply for those hospitals that wish to participate in the voluntary assignment program created by this act.

     b.    The hospital shall file with the department a notice signifying its intent to participate voluntarily and certifying the following:

     (1)   the hospital has determined that the patient is not eligible for charity care under the New Jersey Hospital Care Payment Assistance Program established by the Department of Health [and Senior Services] pursuant to section 10 of P.L.1992, c.160 (C.26:2H-18.60);

     (2)   the hospital has submitted a "clean claim" pursuant to P.L.1999, c.154 (C.17B:30-23 et al.) and P.L.1999, c.155 (C.17B:30-26 et seq.) to the patient, a responsible party, Medicaid, Medicare or a health plan, as applicable, within a reasonable time following the patient's discharge, or in the case of outpatient service, the date of service;

     (3)   the claims have been fully adjudicated by a health plan, Medicare or Medicaid, where applicable, and a debt remains outstanding;

     (4)   the hospital has not initiated collection procedures against the patient or responsible party while a claim was pending adjudication with Medicare or a health plan, for which a debt remains outstanding;

     (5)   the hospital has notified the patient of the hospital's intention, if the account is not paid in full, or alternatively through a payment plan with the hospital, to proceed with legal action, or to turn the bill over to the department for collection.

     c.     Nothing herein shall be deemed to create any new right to collection of hospital debts by hospitals beyond existing law; nor shall it be deemed to preclude any existing right to collection.

     d.    The department may determine the content of the notice required by paragraph (5) of subsection b. of this section to the patient concerning the likelihood that the account will be turned over to the department for collection.

     e.     The minimum amount of an unpaid bill that may be assigned to the department by a hospital is $100, or such other minimum as the department shall determine by regulation.

     f.     Upon receipt of the voluntary assignment, the Department of the Treasury shall send, on behalf of the department, a notice to the person named as a debtor of the hospital, notifying the person as to receipt of the assignment by the department, providing the person with 30 days to challenge the validity of the debt, and providing notice that in the absence of such challenge, a Certificate of Debt will be filed with the Superior Court of New Jersey.  The notice shall also include a statement on the department's intention to take action to set off the liability against any refund of taxes pursuant to the "New Jersey Gross Income Tax Act" including an earned income tax credit, a NJ SAVER rebate or a homestead rebate, or other such funds as may be authorized by law.

     g.     If the person named as a debtor responds within the 30-day period, the person shall be provided with an opportunity to present, either in writing or in person, evidence as to why the person does not believe he is responsible for the debt. The department shall provide written notice to both the person and the hospital as to its determination regarding the validity of the debt, including the imposition of collection fees and interest, if applicable.

     h.     If the person fails to respond within 30 days to the department, the department may utilize the provisions of the Set off of Individual Liability (SOIL) program established pursuant to P.L.1981, c.239 (C.54A:9-8.1 et seq.), to collect any surcharge levied under this section that is unpaid on or after the effective date of this act.

     As additional remedies, the department may utilize the services of a collection agency to settle the debt and may also issue a certificate to the Clerk of the Superior Court stating that the person identified in the certificate is indebted under this law in such amount as shall be stated in the certificate.  The certificate shall reference this act. Thereupon the clerk to whom such certificate shall have been issued shall immediately enter upon the record of docketed judgments: the name of the person as debtor; the State as creditor; the address of the person, if shown in the certificate; the amount of the debt so certified; a reference to this act under which the debt is assessed; and the date of making the entries.  The docketing of the entries shall have the same force and effect as a civil judgment docketed in the Superior Court, and the department shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in an action, but without prejudice to any right of appeal.  Upon entry by the clerk of the certificate in the record of docketed judgments in accordance with this provision, interest in the amount specified by the court rules for post-judgment interest shall accrue from the date of the docketing of the certificate; however, payment of the interest may be waived by the department.

     i.      Any collection efforts undertaken pursuant to this act shall be undertaken in accordance with the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191 and 45 C.F.R. 160.101 to 164.534, or any other similar law.  The department and any other entity performing collection activities pursuant to this act is authorized to enter into any agreements required to comply with such laws, including, but not limited to, entering into agreements with the hospitals and collection agencies to provide for appropriate safeguarding of information.

(cf:  P.L.2010, c.87, s.9)

 

     71.  Section 3 of P.L.2005, c.352 (C.17B:30-50) is amended to read as follows:

     3.    As used in sections 3 through 7 of P.L.2005, c.352 (C.17B:30-50 through C.17B:30-54):

     "Authorization" means a determination required under a health benefits plan, that based on the information provided, satisfies the requirements under the member's health benefits plan for medical necessity.

     "Carrier" means an insurance company, health service corporation, hospital service corporation, medical service corporation, or health maintenance organization authorized to issue health benefits plans in this State.

     "Commissioner" means the Commissioner of Banking and Insurance.

     "Covered person" means a person on whose behalf a carrier offering the plan is obligated to pay benefits or provide services pursuant to the health benefits plan.

     "Covered service" means a health care service provided to a covered person under a health benefits plan for which the carrier is obligated to pay benefits or provide services.

     "Generally accepted standards of medical practice" means standards that are based on: credible scientific evidence published in peer-reviewed medical literature generally recognized by the relevant medical community; physician and health care provider specialty society recommendations; the views of physicians and health care providers practicing in relevant clinical areas; and any other relevant factor as determined by the commissioner by regulation.

     "Health benefits plan" means a benefits plan which pays or provides hospital and medical expense benefits for covered services, and is delivered or issued for delivery in this State by or through a carrier.  Health benefits plan includes, but is not limited to, Medicare supplement coverage and Medicare+Choice contracts to the extent not otherwise prohibited by federal law.  For the purposes of sections 3 through 7 of P.L.2005, c.352 (C.17B:30-50 through C.17B:30-54), health benefits plan shall not include the following plans, policies1,1 or contracts: accident only, credit, disability, long-term care, Civilian Health and Medical Program for the Uniformed Services, CHAMPUS supplement coverage, coverage arising out of a workers' compensation or similar law, automobile medical payment insurance, personal injury protection insurance issued pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.)1,1 or hospital confinement indemnity coverage.

     "Hospital" means a general acute care facility licensed by the Commissioner of Health [and Senior Services] pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), including rehabilitation, psychiatric1,1 and long-term acute facilities.

     "Medical necessity" or "medically necessary" means or describes a health care service that a health care provider, exercising his prudent clinical judgment, would provide to a covered person for the purpose of evaluating, diagnosing, or treating an illness, injury, disease, or its symptoms and that is: in accordance with the generally accepted standards of medical practice; clinically appropriate, in terms of type, frequency, extent, site, and duration, and considered effective for the covered person's illness, injury, or disease; not primarily for the convenience of the covered person or the health care provider; and not more costly than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of that covered person's illness, injury, or disease.

     "Network provider" means a participating hospital or physician under contract or other agreement with a carrier to furnish health care services to covered persons.

     "Payer" means a carrier which requires that utilization management be performed to authorize the approval of a health care service and includes an organized delivery system that is certified by the Commissioner of 1[Health]1 [and Senior Services] 1Banking and Insurance1 or licensed by the commissioner pursuant to P.L.1999, c.409 (C.17:48H-1 et seq.).

     "Payer's agent" or "agent" means an intermediary contracted or affiliated with the payer to provide authorization for service or perform administrative functions including, but not limited to, the payment of claims or the receipt, processing, or transfer of claims or claim information.

     "Physician" means a physician licensed pursuant to Title 45 of the Revised Statutes.

     "Utilization management" means a system for reviewing the appropriate and efficient allocation of health care services under a health benefits plan according to specified guidelines, in order to recommend or determine whether, or to what extent, a health care service given or proposed to be given to a covered person should or will be reimbursed, covered, paid for, or otherwise provided under the health benefits plan.  The system may include, but shall not be limited to:  preadmission certification, the application of practice guidelines, continued stay review, discharge planning, preauthorization of ambulatory care procedures1,1 and retrospective review.

(cf:  P.L.2005, c.352, s.3)

 

     72.  Section 1 of P.L.2007, c.194 (C.17B:30-58) is amended to read as follows:

     1.    As used in this act:

     "Ambulance service" means the provision of emergency health care services, basic life support services, advanced life support services, critical care services, mobile intensive care services, or emergency medical transportation in a vehicle that is licensed, equipped, and staffed in accordance with the requirements set forth by the Commissioner of Health [and Senior Services].

     "Assignment of benefits" means any written instrument executed by the covered person or his authorized representative which assigns a service provider the covered person's right to receive reimbursement for a covered service rendered to the covered person.

     "Carrier" means an insurance company, health service corporation, hospital service corporation, medical service corporation, or health maintenance organization authorized to issue health benefits plans in this State.

     "Claim" means a claim by a covered person for payment of benefits under a health benefits plan.

     "Commissioner" means the Commissioner of Banking and Insurance.

     "Covered person" means a person on whose behalf a carrier offering the health benefits plan is obligated to pay benefits or provide services pursuant to the health benefits plan.

     "Covered service" means an ambulance service provided to a covered person under a health benefits plan for which the carrier is obligated to pay benefits or provide services.

     "Health benefits plan" means a hospital and medical expense insurance policy; health service corporation contract; hospital service corporation contract; medical service corporation contract; health maintenance organization subscriber contract; or other plan for medical care delivered or issued for delivery in this State.  For purposes of this act, health benefits plan shall not include one or more, or any combination of, the following:  coverage only for accident, or disability income insurance, or any combination thereof; coverage issued as a supplement to liability insurance; liability insurance, including general liability insurance and automobile liability insurance; stop loss or excess risk insurance; workers' compensation or similar insurance; automobile medical payment insurance; credit-only insurance; coverage for on-site medical clinics; coverage for Medicaid services pursuant to a contract with the State; and any other similar insurance coverage, as specified in federal regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.  Health benefits plans shall not include the following benefits if they are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of the plan:  limited scope dental or vision benefits; benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; and such other similar, limited benefits as are specified in federal regulations.  Health benefits plan shall not include hospital confinement indemnity coverage if the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health benefits plan maintained by the same plan sponsor, and those benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor.

     "Payer" means a carrier or any agent thereof who is doing business in the State and is under a contractual obligation to pay claims.

     "Service provider" means any person, public or private institution, agency, or business concern lawfully providing an ambulance service.

(cf:  P.L.2007, c.194, s.1)

 

     73.  Section 1 of P.L.2011, c.214 (C.18A:3B-69) is amended to read as follows:

     1.    a. The governing board of each institution of higher education shall develop and coordinate an emergency operations plan to ensure the continuity of essential institution functions under all circumstances.  The plan shall:

     (1)   identify a baseline of preparedness for all potential emergencies, including pandemics, to establish a viable capability to perform essential functions during any emergency that disrupts normal operations; and

     (2)   be coordinated with State and local authorities including, but not limited to, the State Office of Emergency Management, local law enforcement officers, county and local health officers, county offices of emergency management, and other emergency responders.

     b.    The plan shall include, but not be limited to, the following components: identification of essential functions, programs, and personnel; procedures to implement the plan; delegation of authority and lines of succession; identification of alternative facilities and related infrastructure, including those for communications; identification and protection of vital records and databases; and schedules and procedures for periodic tests, training, and exercises. The plan shall be consistent with the local emergency operations plan of the municipality in which the institution is located.

     c.     The governing board of the institution shall adopt and submit for review an emergency operations plan to the Secretary of Higher Education, the State Office of Emergency Management, the Department of Health [and Senior Services], and the Office of Homeland Security and Preparedness within six months of the effective date of this act.  The governing board shall review, update, and resubmit the plan to the offices every five years. If an emergency incident occurs at an institution during the five-year period, the plan shall be reviewed immediately.

     d.    The Office of Homeland Security and Preparedness, the State Office of Emergency Management, the Department of Health [and Senior Services], and the Secretary of Higher Education shall review the emergency operations plan submitted by an institution of higher education pursuant to subsection c. of this section and, when necessary, shall in coordination with other State agencies make recommendations to the institution for improving the plan that are deemed necessary.

     e.     Any plan prepared pursuant to this section shall not be considered a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection, copying, or the purchase of copies.

(cf: P.L.2011, c.214, s.1)

 

     74.  Section 2 of P.L.1997, c.368 (C.18A:40-12.6) is amended to read as follows:

     2.    The policy for the administration of medication to a pupil shall provide that the school nurse shall have the primary responsibility for the administration of the epinephrine.  The school nurse shall designate, in consultation with the board of education, or chief school administrator of a nonpublic school additional employees of the school district or nonpublic school who volunteer to administer epinephrine via a pre-filled auto-injector mechanism to a pupil for anaphylaxis when the nurse is not physically present at the scene.  The school nurse shall determine that:

     a.     the designees have been properly trained in the administration of the epinephrine via a pre-filled auto-injector mechanism using standardized training protocols established by the Department of Education in consultation with the Department of Health [and Senior Services];

     b.    the parents or guardians of the pupil consent in writing to the administration of the epinephrine via a pre-filled auto-injector mechanism by the designees;

     c.     the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees and agents shall have no liability as a result of any injury arising from the administration of the epinephrine to the pupil;

     d.    the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or nonpublic school shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents against any claims arising out of the administration of the epinephrine via a pre-filled auto-injector mechanism to the pupil; and

     e.     the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in subsections a. through d. of this section.

     The Department of Education, in consultation with the Department of Health [and Senior Services], shall require trained designees for students enrolled in a school who may require the emergency administration of epinephrine for anaphylaxis  when the school nurse is not available.

     Nothing in this section shall be construed to prohibit the emergency administration of epinephrine via a pre-filled auto-injector mechanism to a pupil for anaphylaxis by the school nurse or other employees designated pursuant to this section when the pupil is authorized to self-administer epinephrine pursuant to section 1 of P.L.1993, c.308 (C.18A:40-12.3), or when there is a coexisting diagnosis of asthma, or when a prescription is received from a licensed health care professional for epinephrine coupled with another form of medication.

(cf: P.L.2007, c.57, s.3)

 

     75.  Section 4 of P.L.2007, c.57 (C.18A:40-12.6a) is amended to read as follows:

     4.    The Department of Education, in consultation with the Department of Health [and Senior Services], appropriate medical experts, and professional organizations representing school nurses, principals, teachers, and the food allergy community, shall establish and disseminate to each board of education and chief school administrator of a nonpublic school guidelines for the development of a policy by a school district or nonpublic school for the management of food allergies in the school setting and the emergency administration of epinephrine to students for anaphylaxis.

(cf: P.L.2007, c.57, s.4)

 

     76.  Section 6 of P.L.2007, c.57 (C.18A:40-12.6c) is amended to read as follows:

     6.    a. In an effort to assist the certified school nurse in a public school district and the school nurse in a nonpublic school in recruiting and training additional school employees as volunteer designees to administer epinephrine for anaphylaxis when the school nurse is not physically present, the Department of Education and the Department of Health [and Senior Services] shall jointly develop training protocols, in consultation with the New Jersey School Nurses Association.

     b.    The certified school nurse in consultation with the board of education, or the school nurse in consultation with the chief school administrator of a nonpublic school, shall recruit and train volunteer designees who are determined acceptable candidates by the school nurse within each school building as deemed necessary by the nursing service plan.

(cf: P.L.2007, c.229, s.1)

 

     77.  Section 3 of P.L.2001, c.61 (C.18A:40-12.8) is amended to read as follows:

     3.    The State Board of Education, in consultation with the Commissioner of Health [and Senior Services], shall adopt regulations requiring each public school board of education to develop policies for the administration of asthma medication through the use of a nebulizer by the school nurse or other person authorized by regulation.  The regulations shall include:

     a.     a requirement that each certified nurse or other person authorized to administer asthma medication receive training in airway management and in the use of nebulizers and inhalers consistent with nationally recognized standards, including, but not limited to, those of the National Institutes of Health and the American Association of Allergy and Immunology; and

     b.    a requirement that each pupil authorized to use asthma medication pursuant to section 1 of P.L.1993, c.308 (C.18A: 40-12.3), or a nebulizer have an asthma treatment plan prepared by the physician of the pupil, which shall identify, at a minimum, asthma triggers, the treatment plan, and such other elements as shall be determined by the State Board of Education.

(cf: P.L.2001, c.61, s.3)

 

     78.  Section 3 of P.L.2002, c.58 (C.18A:40-21.1) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall require the immunization of a child for hepatitis B as a condition of enrollment in grades nine through 12.

     b.    Beginning with the 2003-2004 school year, a principal, director or other person in charge of a public or private school in this State shall not knowingly admit or retain in grades nine through 12 a child whose parent or guardian has not submitted acceptable evidence of the child's immunization for hepatitis B prior to or during enrollment in ninth grade, as provided by regulation of the Commissioner of Health [and Senior Services].

     c.     The Commissioner of Health [and Senior Services] shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this section.

(cf: P.L.2002, c.58, s.3)

 

     79.  Section 3 of P.L.2007, c.122 (C.18A:40-37) is amended to read as follows:

     3.    a. The Commissioner of Education, in consultation with the Commissioner of Health [and Senior Services], shall establish a three-year comprehensive eye examination pilot program for second grade students. The purpose of the program shall be to eliminate inappropriate referrals for special education programs and services by examining students at the end of second grade for vision-related problems that may go undiagnosed and result in special education classification.

     b.    The commissioner shall select for participation in the pilot program one school district in each of the northern, central, and southern regions of the State, including an urban school district, a suburban school district, and a rural school district. In selecting the pilot school districts, the commissioner may consider the percentage of students in the district classified as eligible for special education programs and services, the percentage increase in such classifications over the prior five school years, and the district's interest in participating in the program. The commissioner shall collaborate with each pilot school district on the procedures to be implemented to conduct the comprehensive eye examinations, including the coverage of any costs associated with the examinations. In any agreement concerning the cost of providing examinations, no parent or guardian of a student shall be required to make any payment to the optometrist or ophthalmologist providing a comprehensive eye examination, or the school district or any other entity; except that if the student is covered by a health insurance plan which has a copayment requirement, the parent or guardian shall pay the health care provider the required copayment.  In this case, the parent or guardian may apply to the Comprehensive Eye Examination Fund for reimbursement of the copayment.

     c.     The commissioner shall develop and distribute to the pilot districts a form to document and provide information on each comprehensive eye examination conducted under the program.

(cf: P.L.2007, c.122, c.3)

 

     80.  Section 1 of P.L.2007, c.125 (C.18A:40-41) is amended to read as follows:

     1.    a. The Commissioner of Education, in consultation with the Commissioner of Health [and Senior Services], the American Heart Association, and the American Academy of Pediatrics, shall develop a pamphlet that provides information about sudden cardiac death to the parents or guardians of student athletes.  The pamphlet shall include an explanation of sudden cardiac death, its incidence among student athletes, a description of early warning signs, and an overview of the options that are privately available to screen for cardiac conditions that may lead to sudden cardiac death, including a statement about the limitations of these options.

     b.    The commissioner shall distribute the pamphlet, at no charge, to all school districts in the State.  The commissioner shall update the pamphlet as necessary, and shall make additional copies available to nonpublic schools upon request.

     c.     In the 2007-2008 school year and in each school year thereafter, each school district shall distribute the pamphlet to the parents or guardians of students participating in school sports.

(cf: P.L.2007, c.125, s.1)

 

     81.  Section 2 of P.L.2007, c.134 (C.18A:40-42) is amended to read as follows:

     2.    a.  The Commissioner of Education, in consultation with the Commissioner of Health [and Senior Services], shall develop an educational fact sheet about the human papillomavirus (HPV) for distribution to parents or guardians of students in grades seven through 12.  The educational fact sheet shall include information about the causes, symptoms and means of transmission of HPV, and where additional information can be obtained.

     b.    For the 2007-2008 school year, a school district shall distribute to parents and guardians of students in grades seven through 12 the educational fact sheet on HPV, in a manner prescribed by the Commissioner of Education. 

     c.     Beginning with the 2008-2009 school year, a school district shall distribute the educational fact sheet annually to parents or guardians of students in grade seven in a manner prescribed by the Commissioner of Education.

     d.    The Commissioner of Education also shall make the educational fact sheet available to private schools educating students in grades seven through 12.  Such schools are encouraged, but not required, to distribute the fact sheet to parents or guardians of students at the school.

(cf: P.L.2007, c.134, s.2)

 

     82.  Section 5 of P.L.1987, c.387 (C.18A:40A-12) is amended to read as follows:

     5.    a. Whenever it shall appear to any teaching staff member, school nurse or other educational personnel of any public school in this State that a pupil may be under the influence of substances as defined pursuant to section 2 of this act, other than anabolic steroids, that teaching staff member, school nurse, or other educational personnel shall report the matter as soon as possible to the school nurse or medical inspector, as the case may be, or to a student assistance coordinator, and to the principal or, in his absence, to his designee. The principal or his designee, shall immediately notify the parent or guardian and the superintendent of schools, if there be one, or the administrative principal and shall arrange for an immediate examination of the pupil by a doctor selected by the parent or guardian, or if that doctor is not immediately available, by the medical inspector, if he is available. If a doctor or medical inspector is not immediately available, the pupil shall be taken to the emergency room of the nearest hospital for examination accompanied by a member of the school staff designated by the principal and a parent or guardian of the pupil if available. The pupil shall be examined as soon as possible for the purpose of diagnosing whether or not the pupil is under such influence. A written report of that examination shall be furnished within 24 hours by the examining physician to the parent or guardian of the pupil and to the superintendent of schools or administrative principal.  If it is determined that the pupil was under the influence of a substance, the pupil shall be returned to [his or her] the pupil's home as soon as possible and shall not resume attendance at school until the pupil submits to the principal a written report certifying that [he or she] the pupil is physically and mentally able to return thereto, which report shall be prepared by a personal physician, the medical inspector, or the physician who examined the pupil pursuant to the provisions of this act.

     In addition, the pupil shall be interviewed by a student assistance coordinator or another appropriately trained teaching staff member for the purpose of determining the extent of the pupil's involvement with these substances and possible need for treatment.  In order to make this determination the coordinator or other teaching staff member may conduct a reasonable investigation which may include interviews with the pupil's teachers and parents.  The coordinator or other teaching staff member may also consult with [such] experts in the field of substance abuse as may be necessary and appropriate. If it is determined that the pupil's involvement with and use of these substances represents a danger to the pupil's health and well-being, the coordinator or other teaching staff member shall refer the pupil to an appropriate treatment program which has been approved by the Commissioner of Health [and Senior Services].

     b.    Whenever any teaching staff member, school nurse, or other educational personnel of any public school in this State shall have reason to believe that a pupil has used or may be using anabolic steroids, that teaching staff member, school nurse, or other educational personnel shall report the matter as soon as possible to the school nurse or medical inspector, as the case may be, or to a student assistance coordinator, and to the principal or, in his absence, to his designee.  The principal or his designee, shall immediately notify the parent or guardian and the superintendent of schools, if there be one, or the administrative principal and shall arrange for an examination of the pupil by a doctor selected by the parent or guardian or by the medical inspector.  The pupil shall be examined as soon as possible for the purpose of diagnosing whether or not the pupil has been using anabolic steroids.  A written report of that examination shall be furnished by the examining physician to the parent or guardian of the pupil and to the superintendent of schools or administrative principal.  If it is determined that the pupil has been using anabolic steroids, the pupil shall be interviewed by a student assistance coordinator or another appropriately trained teaching staff member for the purpose of determining the extent of the pupil's involvement with these substances and possible need for treatment.  In order to make this determination the coordinator or other teaching staff member may conduct a reasonable investigation which may include interviews with the pupil's teachers and parents. The coordinator or other teaching staff member may also consult with [such] experts in the field of substance abuse as may be necessary and appropriate.  If it is determined that the pupil's involvement with and use of these substances represents a danger to the pupil's health and well-being, the coordinator or other teaching staff member shall refer the pupil to an appropriate treatment program which has been approved by the Commissioner of Health [and Senior Services].

(cf: P.L.2009, c.54, s.1)

 

     83.  Section 11 of P.L.1987, c.387 (C.18A:40A-18) is amended to read as follows:

     11.  The Commissioner of Education, in consultation with the Commissioner of Health [and Senior Services], shall develop and administer a program which provides for the employment of student assistance coordinators in certain school districts.

     a.     Within 90 days of the effective date of this act, the Commissioner of Education shall forward to each local school board a request for a proposal for the employment of a student assistance coordinator.  A board which wants to participate in the program shall submit a proposal to the commissioner which outlines the district's plan to provide substance abuse prevention, intervention, and treatment referral services to students through the employment of a student assistance coordinator.  Nothing shall preclude a district which employs a student assistance coordinator at the time of the effective date of this act from participating in this program.  The commissioner shall select school districts to participate in the program through a competitive grant process.  The participating districts shall include urban, suburban, and rural districts from the north, central, and southern geographic regions of the State with at least one school district per county.  In addition to all other State aid to which the local district is entitled under the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.) and other pertinent statutes, each board of education participating in the program shall receive from the State, for a three-year period, the amount necessary to pay the salary of its student assistance coordinator.

     b.    The position of student assistance coordinator shall be separate and distinct from any other employment position in the district, including, but not limited to district guidance counselors, school social workers, and school psychologists.  The State Board of Education shall approve the education and experience criteria necessary for employment as a student assistance coordinator.  The criteria shall include a requirement for certification by the State Board of Examiners. In addition to the criteria established by the State board, the Department of Education and the Department of Health [and Senior Services] shall jointly conduct orientation and training programs for student assistance coordinators, and shall also provide for continuing education programs for coordinators.

     c.     It shall be the responsibility of student assistance coordinators to assist local school districts in the effective implementation of this act.  Coordinators shall assist with the in service training of school district staff concerning substance abuse issues and the district program to combat substance abuse; serve as an information resource for substance abuse curriculum development and instruction; assist the district in revising and implementing substance abuse policies and procedures; develop and administer intervention services in the district; provide counseling services to pupils regarding substance abuse problems; and, where necessary and appropriate, cooperate with juvenile justice officials in the rendering of substance abuse treatment services.

     d.    The Commissioner of Education, in consultation with the Commissioner of Health [and Senior Services], shall implement a plan to collect data on the effectiveness of the program in treating problems associated with substance abuse and in reducing the incidence of substance abuse in local school districts.  Six months prior to the expiration of the program authorized pursuant to this section, the Commissioner of Education shall submit to the Governor and the Legislature an evaluation of the program and a recommendation on the advisability of its continuation or expansion to all school districts in the State.

(cf: P.L.2009, c.54, s.4)

 

     84.  Section 9 of P.L.2003, c.117 (C.24:2-9) is amended to read as follows:

     9.    The Department of Health [and Senior Services] may, pursuant to regulation adopted in accordance with the "Administrative Procedure Act,"  P.L.1968, c.410 (C.52:14B-1 et seq.), establish and charge reasonable fees not to exceed $100 to cover administrative costs associated with the issuance of a "Certificate of Free Sale."  For the purpose of this act, a "Certificate of Free Sale" is defined as a certificate completed and issued by the department attesting that a specific food, drug, cosmetic, or medical device product regulated under Title 24 of the Revised Statutes,[ as amended and supplemented,] and manufactured, distributed, and offered for sale in this State is labeled in conformance with the applicable food, drug, cosmetic, or medical device laws and rules of this State and further attests to the results of the most recently conducted sanitary inspection of the manufacturer or distributor of the subject product.

     Further, the Department of Health [and Senior Services may], pursuant to regulation adopted in accordance with the "Administrative Procedure Act," establish and charge reasonable fees not to exceed $100 to cover administrative costs associated with the issuance of other certifications or affidavits related to matters regulated by the department under Title 24 of the Revised Statutes[, as amended and supplemented].

(cf: P.L.2003, c.117, s.9)

 

     85.  Section 13 of P.L.1961, c.52 (C.24:6B-12) is amended to read as follows:

     13.  For the purposes of this registration act, unless otherwise required by the context:

     (a)   "Commissioner" means Commissioner of [the State Department of] Health [and Senior Services] or [his] the commissioner’s designated representative.

     (b)   "Department" means the [State] Department of Health [and Senior Services].

     (c)   "Drugs" means "drugs" and "devices" as defined in R.S. 24:1-1.

     (d)   "Person" means a natural person, partnership, corporation, or any other business association.

     (e)   "Registrant" means the person in whose name a drug manufacturing business or wholesale non-prescription drug business is registered.

     (f)    "Drug manufacturing business" means the business of creating, making, or producing drugs by compounding, growing, or other process.  This definition shall apply to persons engaged in the drug manufacturing business who do not maintain a manufacturing location in this State but do operate distribution depots or warehouses of such business in this State.  This definition shall not apply to licensed pharmacies or to licensed professional individuals such as, but not limited to, pharmacists, physicians, dentists, or veterinarians when engaged in the lawful pursuit of their professions.

     (g)   "Wholesale drug business" means the business of supplying non-prescription drugs to persons other than the ultimate consumer.  This definition shall not apply to licensed pharmacies or to licensed professional individuals such as, but not limited to, pharmacists, physicians, dentists, or veterinarians when engaged in the lawful pursuit of their professions, and shall not apply to a registered drug manufacturing business.

(cf: P.L.2005, c.206, s.4)

 

     86.  Section 5 of P.L.2005, c.206 (C.24:6B-14) is amended to read as follows:

     5.    As used in sections 5 through 24 of P.L.2005, c.206 (C.24:6B-14 et seq.):

     "Adulterated" means a prescription drug that is adulterated pursuant to R.S.24:5-10.

     "Authenticate" means to affirmatively verify before any distribution of a prescription drug that each transaction listed on the pedigree has occurred.

     "Authorized distributor" or "authorized distributor of record" means a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer's product.  An ongoing relationship is deemed to exist when the wholesale distributor, or any member of its affiliated group as defined in section 1504 of the Internal Revenue Code of 1986 (26 U.S.C. s.1504):  is listed on the manufacturer's list of authorized distributors;  has a written agreement currently in effect with the manufacturer; or has a verifiable account with the manufacturer and meets or exceeds the following transaction or volume requirement thresholds:

     a.     5,000 sales units per company within 12 months; or

     b.    12 purchases by invoice at the manufacturer's minimum purchasing requirement per invoice within 12 months.

     "Centralized prescription processing" means the processing by a pharmacy of a request from another pharmacy to fill or refill a prescription drug order or to perform processing functions such as dispensing, drug utilization review, claims adjudication, refill authorizations and therapeutic interventions.

     "Chain pharmacy distribution center" means a distribution facility or warehouse owned by and operated for the primary use of a group of pharmacies that are under common or affiliated control or ownership.

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Contraband" with respect to a prescription drug means: counterfeit; stolen; misbranded; obtained by fraud; purchased by a nonprofit institution for its own use and placed in commerce in violation of the own use agreement; or the existing documentation or pedigree, if required, for the prescription drug has been forged, counterfeited, falsely created, or contains any altered, false, or misrepresented information.

     "Counterfeit prescription drug" means a prescription drug, or the container, shipping container, seal, or labeling thereof, which, without authorization, bears the trademark, trade name or other identifying mark, imprint, or any likeness thereof, of a manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed [such] the prescription drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other manufacturer, processor, packer, or distributor.

     "DEA" means the federal Drug Enforcement Administration.

     "Department" means the Department of Health [and Senior Services].

     "Designated representative" means an individual who is designated by a wholesale prescription drug distributor to serve as the primary contact person for the wholesale distributor with the department, and who is responsible for managing the company's operations at that licensed location.

     "Distribute" means to sell, offer to sell, deliver, offer to deliver, broker, give away, or transfer a prescription drug, whether by passage of title, physical movement, or both.  The term does not mean to:  dispense or administer;  deliver or offer to deliver in the usual course of business as a common carrier or logistics provider,or provide a sample to a patient by a licensed practitioner, a health care professional acting at the direction and under the supervision of a practitioner, or the pharmacist of a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) acting at the direction of a practitioner.

     "Drug" means: a. an article or substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them; b. an article or substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; c. an article or substance, other than food, intended to affect the structure of any function of the body of man or animals; and d. an article or substance intended for use as a component of any article or substance specified in clause a., b., or c.; but does not include devices or their components, parts, or accessories.  Drug includes a prefilled syringe or needle.

     "Immediate container" means a container but does not include package liners.

     "Logistics provider" means an entity that receives drugs from the original manufacturer and delivers them at the direction of that manufacturer, and does not purchase, sell, trade, or take title to the drugs.

     "Misbranded" means a prescription drug with respect to which the label is:  false or misleading in any particular; does not bear the name and address of the manufacturer, packer, or distributor and does not have an accurate statement of the quantities of the active ingredients;  or does not show an accurate monograph for legend drugs; or is misbranded based upon other considerations as provided in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s.301 et seq.

     "Pedigree" means a statement or record identifying each previous sale of a prescription drug, from the sale by a manufacturer through acquisition and sale by a wholesale distributor, including each distribution to an authorized distributor, starting with the last authorized distributor, or the manufacturer if the prescription drug has not been purchased previously by an authorized distributor or is a prescription drug on the specified list of susceptible products.  A pedigree shall include the following information:  the proprietary and established name of the prescription drug;  the dosage;  container size;  number of containers;  and the date, business name, and address of all parties to each prior transaction involving the prescription drug starting with the last authorized distributor or the manufacturer if the prescription drug has not been purchased previously by an authorized distributor or is a prescription drug on the specified list of susceptible products.

     "Repackage" means changing the container, wrapper, quantity, or labeling of a prescription drug to further its distribution.

     "Sales unit" means the unit of measure that the manufacturer uses to invoice its customer for the particular product.

     "Specified list of susceptible products" means a specific list of prescription drugs, to be determined by the commissioner, that are considered to be potential targets for adulteration, counterfeiting, or diversion, which the commissioner shall provide to wholesale distributors as prescription drugs are added to or removed from the list, along with notification of those changes.

     "Wholesale distribution" means the distribution of prescription drugs in or into the State by a wholesale distributor to a person other than a consumer or patient, and includes transfers of prescription drugs from one pharmacy to another pharmacy if the value of the goods transferred exceeds 5% of total prescription drug sales revenue of either the transferor or transferee pharmacy during any consecutive 12-month period.  The term excludes:

     a.     the sale, purchase or trade of a prescription drug, an offer to sell, purchase, or trade a prescription drug, or the dispensing of a prescription drug pursuant to a prescription;

     b.    the sale, purchase or trade of a prescription drug, or an offer to sell, purchase, or trade a prescription drug for emergency medical reasons;

     c.     the sale, purchase or trade of a prescription drug, or an offer to sell, purchase, or trade a prescription drug by pharmacies, chain pharmacy distribution centers, and the associated transfer of goods between chain pharmacy distribution centers and their servicing wholesale distributors or manufacturers;

     d.    intracompany transactions or sales among wholesale distributors, chain pharmacy distribution centers, and pharmacies, and which are limited to those sales or transfers of a prescription drug among members of an affiliated group, even if the members of the affiliated group are separate legal entities;

     e.     the sale, purchase or trade of a prescription drug, or an offer to sell, purchase, or trade a prescription drug among hospitals or other health care entities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that are under common control;

     f.     the sale, purchase or trade of a prescription drug, or offer to sell, purchase, or trade a prescription drug by a charitable organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)) to a nonprofit affiliate of the organization;

     g.     the purchase or other acquisition by a hospital or other similar health care entity licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that is a member of a group purchasing organization of a prescription drug for its own use from the group purchasing organization or from other hospitals or similar health care entities that are members of these organizations;

     h.     the transfer of prescription drugs between pharmacies pursuant to a centralized prescription processing agreement;

     i.      the distribution of prescription drug samples by manufacturers' representatives or wholesale distributors' representatives;

     j.     the sale, purchase or trade of blood and blood components intended for transfusion;

     k.    prescription drug returns, when conducted by a pharmacy, chain pharmacy distribution center, hospital, health care entity licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or charitable institution in accordance with regulations established by the commissioner;

     l.      the sale of minimal quantities of prescription drugs by retail pharmacies to licensed practitioners for office use;

     m.    the stockpiling and distribution of drugs under the authorization of a State agency for the purpose of providing those products in an emergency situation; or

     n.     the sale, transfer, merger, or consolidation of all or part of the business of a pharmacy or pharmacies from or with another pharmacy or pharmacies whether accomplished as a purchase and sale of stock or business assets.

     "Wholesale distributor" means any person, other than the manufacturer, pharmacy, logistics provider, or chain pharmacy distribution center, engaged in wholesale distribution of prescription drugs in or into the State and includes repackagers, own-label distributors, private-label distributors, jobbers, brokers, warehouses including distributors' warehouses, independent prescription drug traders, and retail pharmacies that conduct wholesale distribution.

(cf: P.L.2005, c.206, s.5)

 

     87.  Section 5 of P.L.1977, c.240 (C.24:6E-4) is amended to read as follows:

     5.    As used in this act unless the context clearly indicates otherwise:

     a.     "Drug product" means a dosage form containing one or more active therapeutic ingredients along with other substances included during the manufacturing process.

     b.    "Brand name" means the proprietary name assigned to a drug by the manufacturer thereof.

     c.     "Established name" with respect to a drug or ingredient thereof, means (1) the applicable official name designated pursuant to the Federal Food, Drug and Cosmetic Act (Title 21, U.S.C. s.301 et seq.), or (2) if there is no such official name and such drug or ingredient is recognized in an official compendium, then the official title thereof in such compendium, except that where a drug or ingredient is recognized in the United States Pharmacopoeia and in the Homeopathic Pharmacopoeia under different official titles, the official title used in the United States Pharmacopoeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the Homeopathic Pharmacopoeia shall apply, or (3) if neither (1) nor (2) is applicable, then the common or usual name, if any, of such drug or ingredient.

     d.    "Prescription" means an order for drugs or combinations or mixtures thereof, written or signed by a duly licensed physician, dentist, veterinarian, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals, and includes orders for drugs or medicines or combinations or mixtures thereof transmitted to pharmacists through word of mouth, telephone, telegraph, or other means of communication by a duly licensed physician, dentist, veterinarian, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals.

     e.     "Department" means the Department of Health [and Senior Services].

     f.     "Chemical equivalents" means those drug products that contain the same amounts of the same therapeutically active ingredients in the same dosage forms and that meet present compendial standards.

     g.     "Reference drug product" means the product which is adopted by the department as the standard for other chemically equivalent drugs in terms of testing for the therapeutic equivalence.  In all cases, the reference drug product shall be a currently marketed drug which is the subject of a full (not abbreviated) new drug application approved by the Federal Food and Drug Administration.

     h.     "Therapeutic equivalents" means chemical equivalents which, when administered to the same individuals in the same dosage regimen, will provide essentially the same efficacy or toxicity as their respective reference drug products.

     "Bioavailability" means the extent and rate of absorption from a dosage form as reflected by the time-concentration curve of the administered drug in the systemic circulation.

     j.     "Bioequivalents" means chemical equivalents which, when administered to the same individuals in the same dosage regimen, will result in comparable bioavailability.

     k.    "Pharmaceutical equivalents" means those drug products that contain the same amounts of the same therapeutically active ingredients in the same dosage form and that meet established standards.

     l.      "Interchangeable drug products" means pharmaceutical equivalents or bioequivalents that are determined to be therapeutic equivalents by the department.

     m.    "Present compendial standards" means the official standards for drug excipients and drug products listed in the latest revision of the United States Pharmacopoeia (USP) and the National Formulary (NF).

     n.     "Dosage form" means the physical formulation or medium in which the product is intended, manufactured and made available for use, including, but not limited to: tablets, capsules, oral solutions, aerosols, inhalers, gels, lotions, creams, ointments, transdermals and suppositories, and the particular form of the above which utilizes a specific technology or mechanism to control, enhance, or direct the release, targeting, systemic absorption, or other delivery of a dosage regimen in the body.

(cf: P.L.2010, c.87, s.1)

     88.  Section 2 of P.L.2003, c.57 (C.24:6H-2) is amended to read as follows:

     2.    A product that contains ephedrine alkaloids that is not a drug as defined in R.S.24:1-1, shall not be sold or offered for sale in this State after the effective date of this act unless its label indicates that the sale of the product to minors under 18 years of age is prohibited by State law, in accordance with regulations adopted by the Commissioner of Health [and Senior Services].

(cf: P.L.2003, c.57, s.2)

 

     89.  Section 3 of P.L.2003, c.57 (C.24:6H-3) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.

(cf: P.L.2003, c.57, s.3)

 

     90.  Section 3 of P.L.2009, c.307 (C.24:6I-3) is amended to read as follows:

     3.    As used in this act:

     "Bona fide physician-patient relationship" means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient's debilitating medical condition.

     "Certification" means a statement signed by a physician with whom a qualifying patient has a bona fide physician-patient relationship, which attests to the physician's authorization for the patient to apply for registration for the medical use of marijuana.

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Debilitating medical condition" means:

     (1)   one of the following conditions, if resistant to conventional medical therapy: seizure disorder, including epilepsy; intractable skeletal muscular spasticity; or glaucoma;

     (2)   one of the following conditions, if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or treatment thereof: positive status for human immunodeficiency virus[,]; acquired immune deficiency syndrome[,]; or cancer;

     (3)   amyotrophic lateral sclerosis, multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn's disease;

     (4)   terminal illness, if the physician has determined a prognosis of less than 12 months of life; or

      (5)  any other medical condition or its treatment that is approved by the department by regulation.

     "Department" means the Department of Health [and Senior Services].

     "Marijuana" has the meaning given in section 2 of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-2).

     "Medical marijuana alternative treatment center" or "alternative treatment center" means an organization approved by the department to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of this act.  This term shall include the organization's officers, directors, board members, and employees.

     "Medical use of marijuana" means the acquisition, possession, transport, or use of marijuana or paraphernalia by a registered qualifying patient as authorized by this act.

     "Minor" means a person who is under 18 years of age and who has not been married or previously declared by a court or an administrative agency to be emancipated.

     "Paraphernalia" has the meaning given in N.J.S.2C:36-1.

     "Physician" means a person licensed to practice medicine and surgery pursuant to Title 45 of the Revised Statutes with whom the patient has a bona fide physician-patient relationship and who is the primary care physician, hospice physician, or physician responsible for the ongoing treatment of a patient's debilitating medical condition, provided, however, that [such] the ongoing treatment shall not be limited to the provision of authorization for a patient to use medical marijuana or consultation solely for that purpose.

     "Primary caregiver" or "caregiver" means a resident of the State who:

     a.     is at least 18 years old;

     b.    has agreed to assist with a registered qualifying patient's medical use of marijuana, is not currently serving as primary caregiver for another qualifying patient, and is not the qualifying patient's physician;

     c.     has never been convicted of possession or sale of a controlled dangerous substance, unless such conviction occurred after the effective date of this act and was for a violation of federal law related to possession or sale of marijuana that is authorized under this act;

     d.    has registered with the department pursuant to section 4 of this act, and has satisfied the criminal history record background check requirement of section 4 of this act; and

     e.     has been designated as primary caregiver on the qualifying patient's application or renewal for a registry identification card or in other written notification to the department.

     "Qualifying patient" or "patient" means a resident of the State who has been provided with a certification by a physician pursuant to a bona fide physician-patient relationship.

     "Registry identification card" means a document issued by the department that identifies a person as a registered qualifying patient or primary caregiver.

     "Usable marijuana" means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stems, stalks or roots of the plant.

(cf: P.L.2009, c.307, s.3)

 

     91.  Section 15 of P.L.2009, c.307 (C.24:6I-13) is amended to read as follows:

     15.  a. The Department of Health [and Senior Services] is authorized to exchange fingerprint data with, and receive information from, the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation for use in reviewing applications for individuals seeking to serve as primary caregivers pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4), and for permits to operate as, or to be a director, officer, or employee of, alternative treatment centers pursuant to section 7 of P.L.2009, c.307 (C.24:6I-7).

     b.    The Division of State Police shall promptly notify the Department of Health [and Senior Services] in the event an applicant seeking to serve as a primary caregiver or an applicant for a permit to operate as, or to be a director, officer, or employee of, an alternative treatment center, who was the subject of a criminal history record background check conducted pursuant to subsection a. of this section, is convicted of a crime involving possession or sale of a controlled dangerous substance.

(cf: P.L.2009, c.307, s.15)

 

     92.  Section 2 of P.L.1970, c.226 (C.24:21-2) is amended to read as follows:

     2.    As used in this act:

     "Administer" means the direct application of a controlled dangerous substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:  (1) a practitioner (or, in his presence, by his lawfully authorized agent), or (2) the patient or research subject at the lawful direction and in the presence of the practitioner.

     "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof.

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Controlled dangerous substance" means a drug, substance, or immediate precursor in Schedules I through V of article 2 of P.L.1970, c.226 (C.24:21-1 et seq.)[, as amended and supplemented].  The term shall not include distilled spirits, wine, malt beverages, as those terms are defined or used in R.S.33:1-1 et seq., or tobacco and tobacco products.

     "Counterfeit substance" means a controlled dangerous substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.

     "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled dangerous substance, whether or not there is an agency relationship.

     "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

     "Dispense" means to deliver a controlled dangerous substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.  "Dispenser" means a practitioner who dispenses.

     "Distribute" means to deliver other than by administering or dispensing a controlled dangerous substance.  "Distributor" means a person who distributes.

     "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

     "Drug Enforcement Administration" means the Drug Enforcement Administration in the United States Department of Justice.

     "Drugs" means (a) substances recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (c) substances (other than food) intended to affect the structure or any function of the body of man or other animals; and (d) substances intended for use as a component of any article specified in subsections (a), (b), and (c) of this section; but does not include devices or their components, parts or accessories.

     "Drug dependent person" means a person who is using a controlled dangerous substance and who is in a state of psychic or physical dependence, or both, arising from the use of that controlled dangerous substance on a continuous basis.  Drug dependence is characterized by behavioral and other responses, including but not limited to a strong compulsion to take the substance on a recurring basis in order to experience its psychic effects, or to avoid the discomfort of its absence.

     "Hashish" means the resin extracted from any part of the plant Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or preparation of such resin.

     "Marihuana" means all parts of the plant Genus Cannabis L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of [such] the plant or its seeds, except those containing resin extracted from [such] the plant; but shall not include the mature stalks of [such] the plant, fiber produced from [such] the stalks, oil or cake made from the seeds of [such] the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil, or cake, or the sterilized seed of [such] the plant which is incapable of germination.

     "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled dangerous substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled dangerous substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled dangerous substance: (1) by a practitioner as an incident to his administering or dispensing of a controlled dangerous substance in the course of his professional practice, or (2) by a practitioner (or under his supervision) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

     "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

     (a)   Opium, coca leaves, and opiates;

     (b)   A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;

     (c)   A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subsections (a) and (b), except that the words "narcotic drug" as used in this act shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.

     "Official written order" means an order written on a form provided for that purpose by the Attorney General of the United States or his delegate, under any laws of the United States making provisions therefor, if such order forms are authorized and required by the federal law, and if no such form is provided, then on an official form provided for that purpose by the division.  If authorized by the Attorney General of the United States or the division, the term shall also include an order transmitted by electronic means.

     "Opiate" means any dangerous substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability.  It does not include, unless specifically designated as controlled under section 3 of this act, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).  It does include its racemic and levorotatory forms.

     "Opium poppy" means the plant of the species Papaver somniferum L., except the seeds thereof.

     "Person" means any corporation, association, partnership, trust, other institution or entity, or one or more individuals. 

     "Pharmacist" means a registered pharmacist of this State.

     "Pharmacy owner" means the owner of a store or other place of business where controlled dangerous substances are compounded or dispensed by a registered pharmacist; but nothing in this chapter contained shall be construed as conferring on a person who is not registered or licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this State.

     "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

     "Practitioner" means a physician, dentist, veterinarian, scientific investigator, laboratory, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this State.

     (a)   "Physician" means a physician authorized by law to practice medicine in this or any other state and any other person authorized by law to treat sick and injured human beings in this or any other state.

     (b)   "Veterinarian" means a veterinarian authorized by law to practice veterinary medicine in this State.

     (c)   "Dentist" means a dentist authorized by law to practice dentistry in this State.

     (d)   "Hospital" means any federal institution, or any institution for the care and treatment of the sick and injured, operated or approved by the appropriate State department as proper to be entrusted with the custody and professional use of controlled dangerous substances.

     (e)   "Laboratory" means a laboratory to be entrusted with the custody of narcotic drugs and the use of controlled dangerous substances for scientific, experimental, and medical purposes and for purposes of instruction approved by the Department of Health [and Senior Services].

     "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled dangerous substance.

     "Immediate precursor" means a substance which the division has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled dangerous substance, the control of which is necessary to prevent, curtail, or limit such manufacture.

     "State" means the State of New Jersey.

     "Ultimate user" means a person who lawfully possesses a controlled dangerous substance for his own use or for the use of a member of his household or for administration to an animal owned by him or by a member of his household.

(cf: P.L. 2007, c.244, s.1)

 

     93.  (New section)  a.  The Department of Health, established pursuant to P.L.1947, c.177 (C.26:1A-1 et seq.), and continued and constituted and redesignated as the Department of Health and Senior Services pursuant to Reorganization Plan No. 001-1996, is continued and constituted and redesignated as the Department of Health.  The Commissioner of Health and Senior Services shall be redenominated as the Commissioner of Health.

     b.    Whenever the terms “Department of Health and Senior Services” and “Commissioner of Health and Senior Services” occur or any references are made thereto in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, the same shall be deemed to mean or refer to the “Department of Health” and the “Commissioner of Health,” respectively.

     c.     The Commissioner of Health shall have the power, not inconsistent with section 13 of P.L.1947, c.177 (C.26:1A-13) or the provisions of P.L.    , c.   (C.     ) (pending before the Legislature as this bill), to organize the work of the Department of Health in such organizational units as the commissioner may determine to be necessary for its efficient and effective operation.

 

     94.  Section 11 of P.L.1999, c.154 (C.26:1A-15.1) is amended to read as follows:

     11.  The Commissioner of Health [and Senior Services], in consultation with the Commissioner of Banking and Insurance, shall establish an advisory board to make recommendations to the commissioners on health information electronic data interchange technology policy, including a Statewide policy on electronic health records, and measures to protect the confidentiality of medical information.  The members of the board shall include, at a minimum, representation from health insurance carriers, health care professionals and facilities, higher education, business and organized labor, health care consumers, and the commissioner of each department in the State that uses individuals' medical records or processes claims for health care services.  The members of the board shall serve without compensation but shall be entitled to reimbursement for reasonable expenses incurred in the performance of their duties.

(cf: P.L.2005, c.352, s.18)

 

     95.  Section 12 of P.L.1999, c.154 (C.26:1A-15.2) is amended to read as follows:

     12.  The Commissioner of Health [and Senior Services], in conjunction with the Commissioner of Banking and Insurance, shall present an annual report to the Governor and the Legislature on the development and use of health information electronic data interchange technology in New Jersey. The report shall be prepared in consultation with the advisory board established pursuant to section 11 of P.L.1999, c.154 (C.26:1A-15.1). The report shall include any recommendations, including proposals for regulatory and legislative changes, to promote the development and use of health information electronic data interchange technology in this State.

(cf: P.L.1999, c.154, s.12)

 

     96.  Section 2 of P.L.1993, c.309 (C.26:1A-36.7) is amended to read as follows:

     2.    The Department of Health [and Senior Services], in conjunction with the Departments of Education and Human Services, shall establish a Statewide system of early intervention services for eligible infants and toddlers from birth to age two, inclusive, with physical, cognitive, communication, social, or emotional, and adaptive developmental delays or disabilities in accordance with Part H of the "Individuals with Disabilities Education Act," Pub.L.91-230 (20 U.S.C. s.1471 et seq.).

(cf: P.L.2007, c.172, s.1)

 

     97.  Section 2 of P.L.2007, c.172 (C.26:1A-36.7a) is amended to read as follows:

     2.    The Early Intervention Program in the Department of Health [and Senior Services], established pursuant to section 2 of P.L.1993, c.309 (C.26:1A-36.7), shall conduct activities to address the specific needs of children with autism spectrum disorders and their families.  These activities shall include, but not be limited to, the following:

     a.     developing, in consultation with autism experts and advocates, including, but not limited to, the Governor's Council for Medical Research and Treatment of Autism, Autism Speaks, The New Jersey Center for Outreach and Services for the Autism Community, The Autism Center of New Jersey Medical School at the University of Medicine and Dentistry of New Jersey, the Statewide Parent Advocacy Network, Inc., and the New Jersey chapter of the American Academy of Pediatrics, guidelines for health care professionals to use in evaluating infants and toddlers living in the State for autism and to ensure the timely referral by health care professionals of infants and toddlers who are identified as having autism or suspected of being on the autism spectrum to the Early Intervention Program in order to provide appropriate services to those infants and toddlers as early as possible;

     b.    referring affected children who are identified as having autism or suspected of being on the autism spectrum and their families to schools and agencies, including community, consumer, and parent-based agencies, and organizations and other programs mandated by Part C of the "Individuals with Disabilities Education Act" (20 U.S.C. s.1431 et seq.), which offer programs specifically designed to meet the unique needs of children with autism;

     c.     collecting data on Statewide autism screening, diagnosis, and intervention programs and systems that can be used for applied research, program evaluation, and policy development; and

     d.    disseminating information on the medical care of individuals with autism to health care professionals and the general public.

(cf: P.L.2007, c.172, s.2)

 

     98.  Section 2 of P.L.1999, c.265 (C.26:1A-37.6) is amended to read as follows:

     2.    There is established in the Department of Health [and Senior Services] a New Jersey Council on Physical Fitness and Sports which shall serve the citizens of the State by developing safe, healthful, and enjoyable physical fitness and sports programs.  The council shall provide instruments of motivation and education, and shall promote public awareness to ensure that all citizens of the State have the opportunity to pursue a more healthful lifestyle.

(cf: P.L.1999, c.265, s.2)

 

     99.  Section 3 of P.L.1999, c.265 (C.26:1A-37.7) is amended to read as follows:

     3.    a.  The council shall consist of 16 members, including:  the Commissioner of Health [and Senior Services], or [his] the commissioner’s designee, who shall serve as an ex officio member; and 15 public members to be appointed by the Governor as follows: one member each from the New Jersey Association of Health, Physical Education, Recreation and Dance; the New Jersey Recreation and Parks Association; the Medical Society of New Jersey; the New Jersey State Interscholastic Athletic Association; and such other persons or professionals as are interested in the physical fitness of the citizens of the State.  The council shall meet and organize immediately after appointment of the members and shall elect from its membership a chairperson and vice chairperson.

     b.    Each public member of the council shall serve for a term of three years, expiring on January 1 in the appropriate year; except that of the members first appointed, four shall be appointed for a term of one year, five shall be appointed for a term of two years and six shall be appointed for a term of three years, as determined by the Governor.  Each member shall hold office for the term of appointment and until a successor is appointed and qualified.  A public member of the council shall be eligible for reappointment.  Members appointed to fill a vacancy occurring for any reason other than the expiration of the term shall serve for the unexpired term only.

     c.     Public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

     d.    The council shall adopt rules for the transaction of its business and shall keep a record of its business, including a record of its resolutions, transactions, findings and determinations.  A majority of the members of the council shall constitute a quorum, but a lesser number may hold a hearing.

     e.     The council shall meet at least once in each quarter of the fiscal year, and as often thereafter as shall be deemed necessary by the chairperson.

     f.     By a two-thirds vote of the council, a member may be dismissed from membership for such reasons as the council may establish, which reasons shall include lack of interest in council duties or repeated absences from council meetings.

     g.     The council shall be administrated by the Department of Health [and Senior Services].  The department shall employ necessary staff to carry out the duties and functions of the council as otherwise provided in this act or as otherwise provided by law.

(cf: P.L.1999, c.265, s.3)

 

     100.  Section 41 of P.L.1947, c.177 (C.26:1A-41) is amended to read as follows:

     41.  The commissioner shall, in the name of the department, issue the following licenses:

     a.     Health officer's license;

     b.    (Deleted by amendment, P.L.1997, c.416).

     c.     (Deleted by amendment, P.L.1997, c.416).

     d.    (Deleted by amendment, P.L.1997, c.416).

     e.     (Deleted by amendment, P.L.1997, c.416).

     f.     (Deleted by amendment, P.L.1997, c.416).

     g.     (Deleted by amendment, P.L.1997, c.416).

     h.     (Deleted by amendment, P.L.1997, c.416).

     i.      (Deleted by amendment, P.L.1997, c.416).

     j.     (Deleted by amendment, P.L.1997, c.416).

     k.    Registered environmental health specialist's license.

     However, any health officer's license, sanitary inspector's license, and plumbing inspector's license issued before the effective date of P.L.1947, c.177 (C.26:1A-1 et seq.) by the [State] Department of Health [and Senior Services] shall, unless suspended or revoked in accordance with the provisions of sections 43 and 44 of that act, remain in effect during the employment as such of the holder thereof.  Upon enactment of P.L.1997, c.416 (C.26:1A-42.1 et al.) any existing Sanitary Inspector, First Grade license shall become a Registered Environmental Health Specialist license without any further action required of the licensee.

     Any license eliminated by P.L.1997, c.416 (C.26:1A-42.1 et al.) shall, unless suspended or revoked in accordance with the provisions of sections 43 and 44 of P.L.1947, c.177 (C.26:1A-43 and C.26:1A-44), remain in effect until the holder thereof does not renew the license within two years from the date of its expiration, or the commissioner does not renew the license in accordance with section 42 of that act, whichever comes first.

(cf: P.L.1997, c.416, s.6)

 

     101.  Section 43 of P.L.1947, c.177 (C.26:1A-43) is amended to read as follows:

     43.  Any license issued in accordance with the provisions of this article, and any health officer's license or sanitary inspector's license heretofore issued by the [State] Department of Health [and Senior Services], may be suspended or revoked, after notice and hearing conducted by an administrative law judge pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for any of the following causes:

     a.     Violation of any of the provisions of this act or of any law relating to public health;

     b.    Violation of any provision of the State Sanitary Code;

     c.     Violation of any applicable local health regulation or ordinance;

     d.    Any act or happening occurring after the making of application for such license which, if the same had occurred prior to said time, would have prevented the issuance of such license; or

     e.     A conviction in a court of competent jurisdiction, either within or outside this State, of a crime involving moral turpitude, except that if the conviction is reversed and the holder of the license is discharged or acquitted, or if the holder is pardoned or the civil rights of the holder are restored, the holder may obtain a license.

     Notwithstanding any  provision of section 10 of P.L.1968, c.410 (C.52:14B-10) to the contrary, the commissioner, before adopting, rejecting or modifying the recommended report and decision of an administrative law judge, shall consult with the Public Health Council.

     The suspension or revocation of a license shall be effected by a notice in writing of the suspension or revocation, designating the effective date thereof, and in the case of a suspension, the term of the suspension, which notice may be served upon the licensee personally or by mailing the same by registered mail addressed to the licensee at the licensee's home address.

     The commissioner shall file a copy of the notice of suspension or revocation of license with the local board of health.

(cf: P.L.1997, c.416, s.8)

 

     102.  Section 1 of P.L.1957, c.72 (C.26:1A-107) is amended to read as follows:

     1.    a.  There is hereby established in the Department of [State] Human Services, a [division] Division [on aging] of Aging Services, consisting of a director and the New Jersey State Commission on Aging in accordance with the provisions of section 397 of  P.L.    , c.   (C.      ) (pending before the Legislature as this bill).

(cf: P.L.1966, c.61, s.2)

 

     103.  Section 6 of P.L.1957, c.72 (C.26:1A-112) is amended to read as follows:

     6.    The [Secretary of State] Commissioner of Human Services may appoint such professional, technical, and clerical assistants and employees as may be necessary to enable the division and the commission to perform the duties imposed upon it by this act and their compensation shall be fixed within the limits of available appropriations and as shall be provided by law.  The [said] assistants and employees, together with the director of the division, shall be deemed to be the staff of the division and the commission.  The advisory commission shall meet at regular intervals and at least 4 times annually.  The times and places for the said meetings shall be fixed by the commission and special meetings may be called by the director on not less than 10 days' written notice to each member, and any such notice shall specify the object of the meeting.

(cf: P.L.1959, c.143, s.3)

 

     104.  Section 9 of P.L.1966, c.61 (C.26:1A-113.1) is amended to read as follows:

     9.    The commission shall:

     (1)   Furnish consultation and advice to the Division [on] of Aging Services on programs designed to carry out the division's mandate.

     (2)   Provide leadership in the field of aging.

     (3)   Make recommendations to the Governor and Legislature regarding new legislation needed in areas related to aging.


     (4)   Maintain liaison with other commissions and groups whose activities relate to the broad field of aging.

(cf:  P.L.1966, c.61, s.9)

 

     105.  Section 10 of P.L.1966, c.61 (C.26:1A-115.1) is amended to read as follows:

     10.  The [Secretary of State] Commissioner of Human Services, subject to the approval of the Governor, is authorized, on behalf of the State of New Jersey, to enter into agreements with the Federal Government or any agency thereof, under which the Division [on] of Aging Services (1) will provide or otherwise secure the adoption of [such] programs consonant with the objectives of this act and (2) will receive reimbursement from the United States for any such costs incurred, expenses paid, or allowances and  benefits paid in connection with said programs in accordance with said  agreement and the laws of this State or of the United States.

(cf: P.L.1966, c.61, s.10)

 

     106.  Section 2 of P.L.2001, c.376 (C.26:1A-124) is amended to read as follows:

     2.    There is established the Office on Women's Health in the Department of Health [and Senior Services].

     The office shall:

     a.     Provide grants to community-based organizations to conduct special research, demonstration, and evaluation projects on women's health concerns;

     b.    Develop and implement model public and private partnerships throughout the State for health awareness campaigns and to improve the access, acceptability, and use of public health services;

     c.     Serve as an information and resource center for women's health information and data;

     d.    Function as an advocate for the adoption and implementation of effective measures to improve women's health;

     e.     Convene such task forces of experienced, knowledgeable persons on specific women's health issues as the director deems appropriate; and

     f.     Review the programs of the Departments of Health [and Senior Services], Human Services, [Community Affairs] Children and Families, and Education and any other department of State government, as appropriate, that concern women's health and make recommendations to the departments that will enable them to better coordinate and improve the effectiveness of their efforts.

(cf: P.L.2001, c.376, s.2)

 

     107.  Section 3 of P.L.2001, c.376 (C.26:1A-125) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall appoint a director for the office who shall serve at the pleasure of the commissioner during the commissioner's term of office and until the appointment and qualification of the director's successor.  The director shall devote his entire time to the duties of the position and shall receive a salary as provided by law.

(cf: P.L.2001, c.376, s.3)

 

     108.  Section 5 of P.L.2001, c.376 (C.26:1A-127) is amended to read as follows:

     5.    There is established a Women's Health Advisory Commission.

     The commission shall consist of nine members, including the Commissioner of Health [and Senior Services] or his designee, who shall serve ex officio, and eight public members who are residents of the State and who shall be appointed as follows:  one member who is a health care professional shall be appointed by the President of the Senate; one member who is a health care professional shall be appointed by the Speaker of the General Assembly; and six members, at least two of whom are health care professionals, at least one of whom represents health care facilities, at least one of whom represents the health insurance industry, and at least one of whom is a woman with a disability, shall be appointed by the Governor with the advice and consent of the Senate. No less than five of the public members shall be women.

     The term of office of each public member shall be three years, but of the members first appointed, two shall be appointed for a term of one year, three shall be appointed for a term of two years and three shall be appointed for a term of three years.  A member shall hold office for the term of his appointment and until his successor has been appointed and qualified.  All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment.  A member of the commission is eligible for reappointment.

     The public members of the commission shall not receive any compensation for their services, but shall be reimbursed for the actual and necessary expenses incurred in the performance of their duties as members of the commission, within the limits of funds available to the commission.

     The members of the commission shall annually elect a chairman and a vice-chairman from among the public members and may select a secretary, who need not be a member of the commission.

     The Office on Women's Health in the Department of Health [and Senior Services] shall provide staff and assistance which the commission requires to carry out its work.

(cf: P.L.2001, c.376, s.5)


     109.  Section 9 of P.L.2001, c.376, (C.26:1A-131) is amended to read as follows:

     9.    The Commissioner of Health [and Senior Services] shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.

(cf: P.L.2001, c.376, s.9)

 

     110.  Section 5 of P.L.2007, c.330 (C.26:1A-136) is amended to read as follows:

     5.    a. There is established the New Jersey Health Information Technology Commission.  For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is established within the Department of Health [and Senior Services], but, notwithstanding the establishment, the commission shall be independent of any supervision or control by the department or any board or officer thereof.

     b.    The commission shall collaborate with the Office for e-HIT established pursuant to section 8 of this act (C.17:1D-1), concerning all activities related to the development, implementation, and oversight of the plan.

     The commission shall be responsible for approving the Statewide health information technology plan.

     c.     In providing advice on the development of the plan, the commission shall, at a minimum, consider the following:

     (1)   the importance of the education of the general public and health care professionals about the value of an electronic health infrastructure for improving the delivery of patient care;

     (2)   the means for the creation of an effective, efficient, Statewide use of electronic health information in patient care, health care policymaking, clinical research, health care financing, and continuous quality improvements;

     (3)   the means for the promotion of the use of national standards for the development of an interoperative system, including provisions relating to security, privacy, data content, structures and format, vocabulary, and transmission protocols;

     (4)   the nature of proper strategic investments in equipment and other infrastructure elements that will facilitate the ongoing development of a Statewide infrastructure;

     (5)   funding needs for the ongoing development of health information technology projects;

     (6)   actions needed to incorporate existing health care information technology initiatives into the plan in order to avoid incompatible systems and duplicative efforts;

     (7)   the proper means for the review and integration of the recommendations, findings, and conclusions of the New Jersey Health Information Security and Privacy Collaboration;

     (8)   the importance of recommending steps for the proper resolution of issues related to data ownership, governance, and confidentiality and security of patient information;

     (9)   the importance of promoting the deployment of health information technology in primary care provider settings; and

     (10) the roles that the development and use of open-source electronic medical record software and the use of application service provider software can play in effectuating the purposes of paragraph (9) of this subsection.

     d.    The commission shall review the plan submitted by the Office for e-HIT and notify it of any changes needed to approve the plan.

(cf: P.L.2007, c.330, s.5)

 

     111.  Section 6 of P.L.2007, c.330 (C.26:1A-137) is amended to read as follows:

     6.    a. The New Jersey Health Information Technology Commission shall be comprised of 19 members as follows:

     (1)   the Commissioners of Health [and Senior Services], Banking and Insurance, Children and Families, and Human Services, and the State Treasurer, or their designees, who shall serve ex officio; and

     (2)   14 public members, who shall be appointed by the Governor no later than the 60th day after the effective date of this act, as follows: three physicians engaged in private practice in this State, one of whom is a pediatrician and one a psychiatrist; two persons who represent acute care hospitals in this State, one of whom represents a teaching hospital and the other a non-teaching hospital; a registered professional nurse practicing in this State; a pharmacist practicing in this State; a person who represents a clinical laboratory operating in this State; an attorney practicing in this State with demonstrated expertise in health privacy issues; a person who represents a health insurance carrier operating in this State; a person who represents a Quality Improvement Organization located in New Jersey that contracts with the federal Centers for Medicare [and] & Medicaid Services to improve the efficiency and effectiveness, economy, and quality of services provided to Medicare beneficiaries; and three members of the public with a demonstrated professional expertise in issues relating to the work of the commission, including one member with expertise in electronic health information technology.

     (3)   The Governor shall designate a public member as chair of the commission.

     b.    The public members shall serve for a term of three years; except that, of the public members first appointed, five shall serve for a term of three years, five for a term of two years, and four for a term of one year.  Vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made.

     c.     The commission shall organize as soon as may be practicable, but no later than the 45th day after the appointment of its members.  The public members shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.

     d.    A majority of the total authorized membership of the commission shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the commission at any meeting of the commission by the affirmative vote of a majority of the quorum of the members who are present.  A vacancy in the membership of the commission shall not impair the right of a quorum of the members to exercise all the powers and perform all the duties of the commission.

     e.     The commission shall meet 2and confer with the Office for e-HIT at least quarterly and may meet at other times at the call of the commission chair.  The meetings of the commission shall comply with the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).

     f.     In addition to any other powers authorized by law, the commission shall have the authority, in accordance with State law, to:

     (1)   make and enter into contracts to purchase services and supplies;

     (2)   develop and submit a proposed budget, not to exceed $1 million annually;

     (3)   apply for, receive, and expend grants from governmental or private nonprofit sources;

     (4)   recommend to the Department of Banking and Insurance the necessary charges and assessments to be levied to collect payments from persons and entities for the provision of services or as the Office for e-HIT otherwise determines necessary to effectuate the purposes of this act;

     (5)   receive and expend appropriations;

     (6)   provide such other services and perform such other functions as the commission deems necessary to fulfill its responsibilities under this act; and

     (7)   appoint, retain, or employ consultants on a contract basis or otherwise, who are deemed necessary, and as may be within the limits of funds appropriated or otherwise made available to it for its purposes.

     g.     In collaboration with the Office for e-HIT, the commission shall, no later than 18 months after its initial meeting and annually thereafter, submit a joint report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), concerning its activities and the status of, and actions taken regarding development, implementation, and oversight of the Statewide health information technology plan.  The commission shall include in that report any findings and recommendations that it desires to make, along with any legislative bills that it desires to recommend for adoption by the Legislature.

     h.     The commission shall develop and submit a proposed budget to the Commissioner of Health [and Senior Services] to effectuate its duties as set forth in this act.

     The budget shall be subject to approval by the Commissioner of Health [and Senior Services].

     i.      The commission shall appoint a full-time executive director, who shall serve as secretary to the commission.  The executive director shall serve at the pleasure of the commission and shall be qualified by training and experience to perform the duties of the position.  The executive director shall be in the unclassified service of the Civil Service and may hire properly qualified employees, within the limits of funds appropriated or otherwise made available to the commission, who shall also be employed in the unclassified service of the Civil Service; except that employees performing stenographic or clerical duties shall be in the career service and appointed pursuant to Title 11A of the New Jersey Statutes.

(cf: P.L.2007, c.330, s.6)

 

     112.  Section 2 of P.L.2001, c.373 (C.26:2-103.2) is amended to read as follows:

     2.    As used in this act:

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Department" means the Department of Health [and Senior Services].

     "Electrophysiologic screening measures" means the electrical result of the application of physiologic agents and includes, but is not limited to, the procedures currently known as Auditory Brainstem Response testing (ABR) and Otoacoustic Emissions testing (OAE) and any other procedure adopted by regulation by the commissioner.

     "Hearing loss" means a hearing loss of 30dB or greater in the frequency region important for speech recognition and comprehension in one or both ears, which is approximately 500 through 4000 Hz., except that the commissioner may adopt a standard which establishes a less severe hearing loss, as appropriate.

     "Newborn" means a child up to 28 days old.

     "Parent" means a biological parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child.

(cf: P.L.2001, c.373, s.2)


     113.  Section 2 of P.L.1977, c.266 (C.26:2-105) is amended to read as follows:

     2.    The Department of Health [and Senior Services] shall establish and maintain an up-to-date registry which shall include a record of cases of cancer and specified cases of tumorous or precancerous disease that occur in New Jersey, and such information concerning these cases as it shall deem necessary and appropriate in order to conduct thorough and complete epidemiologic surveys of cancer and cancer-related diseases in this State and to apply appropriate preventive and control measures.

(cf: P.L.2001, c.99, s.1)

 

     114.  Section 3 of P.L.1977, c.266 (C.26:2-106) is amended to read as follows:

     3.    a. The Commissioner of Health [and Senior Services], in consultation with the Public Health Council, shall require the reporting of cases of cancer and other specified tumorous and precancerous diseases, and the submission of such specified additional information on reported cases or control populations as he deems necessary and appropriate for the recognition, prevention, cure, or control of such diseases.

     b.    Pursuant to subsection a. of this section, the Commissioner of Health [and Senior Services] is hereby authorized to adopt and promulgate, in the manner prescribed by the applicable provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations specifying the health care providers, individuals, and other organizations obliged to make the report and submissions required by subsection a. of this section, the related information to be included in such reports, and the methods for such reporting.

     c.     All abstracting work performed by a health care facility in accordance with this section shall be performed by a certified tumor registrar.

     d.    (1) The Department of Health [and Senior Services] shall contract out its registry services to health care facilities which lack adequate internal capabilities to report cases on a timely basis, as provided in the regulations adopted pursuant to this section.  Such health care facilities shall reimburse the department for services rendered.

     (2)   If a health care facility fails to correct deficiencies in its reporting that are discovered on audit by the Department of Health [and Senior Services] within 30 days, the department will conduct the appropriate registrar activities and charge the facility for all costs related to its services.

     e.     Health insurers and other third party health care payers providing health benefits plans to residents of the State shall report to the Department of Health [and Senior Services] cases of cancer of State residents based upon selection criteria and in a format specified by the department.

     f.     (1) A health care facility, health care provider, or health insurer that fails to comply with the provisions of this section shall be liable to a penalty of up to $500 per unreported cancer case.

     (2)   A health care facility that fails to report cases of cancer electronically, as required by regulation, shall be liable to a penalty not to exceed $1,000 per business day.

     (3)   A penalty sued for under the provisions of this subsection shall be recovered by and in the name of the Department of Health [and Senior Services] and shall be dedicated to the cancer registry.

     g.     All information reported to the Department of Health [and Senior Services] for inclusion in the cancer registry pursuant to this section shall be verified for accuracy by the department within six months of receiving the information and shall be incorporated in the registry.  Aggregate or summary information, to include gender distribution, age groupings of cases, and cancer types, shall be made available to the public no later than six months after verification by the department. The department shall not make public any information reported to the department which discloses the identity of any person to whom the information relates.

(cf: P.L.2001, c.99, s.2)

 

     115.  Section 4 of P.L.1977, c.266 (C.26:2-107) is amended to read as follows:

     4.    The reports made pursuant to this act are to be used only by the Department of Health [and Senior Services] and such other agencies as may be designated by the Commissioner of Health [and Senior Services] and shall not otherwise be divulged or made public so as to disclose the identity of any person to whom they relate; and to that end, such reports shall not be included under materials available to public inspection pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).

(cf: P.L.2001, c.99, s.3)

 

     116.  Section 5 of P.l.1977, c.266 (C.26:2-108) is amended to read as follows:

     5.    No individual or organization providing information to the Department of Health [and Senior Services] in accordance with this act shall be deemed to be, or held liable for, divulging confidential information.

(cf: P.L.2001, c.99, s.4)

 

     117.  Section 1 of P.L.2004, c.12 (C.26:2-111.1) is amended to read as follows:

     1.    a. A health care provider shall give an infant's parent or guardian the option of consenting to the performance of testing by qualified laboratories for disorders in infants for which testing is not required pursuant to P.L.1977, c.321 (C.26:2-110 et seq.), on a form and in a manner prescribed by the Commissioner of Health [and Senior Services].  The health care provider shall not be required to assume the cost of such testing.

     As used in this section:

     "Health care provider" means a health care professional licensed pursuant to Title 45 of the Revised Statutes or a health care facility licensed pursuant to Title 26 of the Revised Statutes that provides health care services to newborn infants.

     "Qualified laboratory" means a clinical laboratory not operated by the Department of Health [and Senior Services], which is certified by the Secretary of Health and Human Services pursuant to the federal "Clinical Laboratory Improvement Amendments of 1988," Pub.L.100-578 (42 U.S.C. s.263a) and reports its test results by using normal pediatric reference ranges.

     b.    (1) The Commissioner of Health [and Senior Services] shall prepare and make available electronically, on the Internet website of the Department of Health [and Senior Services], information that explains the availability of testing performed by qualified laboratories for disorders in infants for which testing is not required pursuant to P.L.1977, c.321 (C.26:2-110 et seq.).

     (2)   A health care provider shall give an infant's parent or guardian a hard copy of the information prepared pursuant to paragraph (1) of this subsection and provide the parent or guardian with a reasonable opportunity to read the information when giving the parent or guardian the option of consenting to the performance of testing pursuant to subsection a. of this section.

(cf: P.L.2004, c.12, s.1)

 

     118.  Section 4 of P.L.2007, c.218 (C.26:2-111.2) is amended to read as follows:

     4.    a. The Commissioner of Health [and Senior Services] shall require each birthing facility in the State to administer to a newborn in its care a test for human immunodeficiency virus (HIV) if the HIV status of the mother of the newborn is unknown.

     A newborn shall not be denied testing for HIV on the basis of the newborn's economic status.

     b.    The commissioner shall establish a comprehensive program for the follow-up testing of newborns who test positive for HIV pursuant to subsection a. of this section or whose mother is HIV-positive, which shall include, but not be limited to, procedures for the administration of HIV testing, counseling of the newborn's mother, tracking the newborn, disclosure of HIV test results to the mother, facility compliance reviews, and educational activities related to the HIV testing.

     c.     The provisions of this section shall not apply to a newborn whose parents object to the test as being in conflict with their religious tenets and practices.  The parents shall provide the health care facility with a written statement of the objection, and the statement shall be included in the newborn's medical record.

     d.    As used in this section, "birthing facility" means an inpatient or ambulatory health care facility licensed by the Department of Health [and Senior Services] that provides birthing and newborn care services.

     e.     The Commissioner of Health [and Senior Services] shall adopt rules and 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 section.

(cf: P.L.2007, c.218, s.4)

 

     119.  Section 2 of P.L.2011, c.74 (C.26:2-111.4) is amended to read as follows:

     2.    a. The Commissioner of Health [and Senior Services] shall require each birthing facility licensed by the Department of Health [and Senior Services] to perform a pulse oximetry screening, a minimum of 24 hours after birth, on every newborn in its care.

     b.    As used in this section, "birthing facility" means an inpatient or ambulatory health care facility licensed by the Department of Health [and Senior Services] that provides birthing and newborn care services.

     c.     The commissioner shall adopt rules and 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.

(cf: P.L.2011, c.74, s.2)

 

     120.  Section 1 of P.L.2011, c.175 (C.26:2-111.5) is amended to read as follows:

     1.    a. All infants born in this State shall be tested for the lysosomal storage disorders known as Krabbe, Pompe, Gaucher, Fabry, and Niemann-Pick diseases within six months following the occurrence of all of the following:

     (1)   the registration with the federal Food and Drug Administration of the necessary reagents;

     (2)   the availability of the necessary reagents from the federal Centers for Disease Control and Prevention;

     (3)   the availability of quality assurance testing methodology for these processes; and

     (4)   the acquisition by the Department of Health [and Senior Services] of the equipment necessary to implement the expanded screening tests.

     b.    The Department of Health [and Senior Services] may charge a reasonable fee for the tests performed pursuant to this section.  The amount of the fee and the procedures for collecting the fee shall be determined by the Commissioner of Health [and Senior Services].

(cf: P.L.2011, c.175, s.1)

 

     121.  Section 4 of P.L.1987, c.370 (C.26:2-151) is amended to read as follows:

     4.    There is established in the Executive Branch of the State government, the Catastrophic Illness in Children Relief Fund Commission.  For the purposes of complying with the provisions of Article V, section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Human Services, but notwithstanding that allocation, the commission shall be independent of any supervision or control by the department or by any board or officer thereof.

     The commission shall consist of the Commissioner of Health [and Senior Services], the Commissioner of  Human Services, the Commissioner of Children and Families, the Commissioner of  Banking and Insurance, and the State Treasurer, who shall be members ex officio, and seven public members who are residents of this State, appointed by the Governor with the advice and consent of the Senate for terms of five years, two of whom are appointed upon the recommendation of the President of the Senate, one of whom is a provider of health care services to children in this State and two of whom are appointed upon the recommendation of the Speaker of the General Assembly, one of whom is a provider of health care services to children in this State.  The five public members first appointed by the Governor shall serve for terms of one, two, three, four and five years, respectively.

     Each member shall hold office for the term of his appointment and until his successor has been appointed and qualified.  A member of the commission is eligible for reappointment.

     Each ex officio member of the commission may designate an officer or employee of [his] the ex officio member’s department to represent [him] the member at meetings of the commission, and each designee may lawfully vote and otherwise act on behalf of the member for whom he constitutes the designee. Any designation shall be in writing delivered to the commission and filed with the office of the Secretary of State and shall continue in effect until revoked or amended in the same manner as provided for designation.

(cf: P.L.2007, c.342, s.1)

 

     122.  Section 2 of P.L.1991, c.401 (C.26:2-161) is amended to read as follows:

     2.    a.  There is established the New Jersey Office on Minority and Multicultural Health in the Department of Health [and Senior Services].

     b.    Whenever the term "New Jersey Office on Minority Health" occurs or any reference is made thereto in any law, contract, or document, the same shall be deemed to mean or refer to the "New Jersey Office on Minority and Multicultural Health."

(cf: P.L.2001, c.205, s.3)

 

     123.  Section 3 of P.L.1991, c.401 (C.26:2-162) is amended to read as follows:

     3.    The office shall:

     a.     Provide grants to community-based organizations to conduct special research, demonstration, and evaluation projects for targeted at-risk racial and ethnic minority populations and to support ongoing community-based programs that are designed to reduce or eliminate racial and ethnic health disparities in the State;

     b.    Develop and implement model public and private partnerships in racial and ethnic minority communities for health awareness campaigns and to improve the access, acceptability, and use of public health services;

     c.     Serve as an information and resource center for racial and ethnic minority specific health information and data and develop a clearinghouse to collate and organize data on a county-by-county basis and disseminate it upon request to interested parties;

     d.    Review, recommend, and develop culturally appropriate health education materials;

     e.     Provide assistance to local school districts to develop programs in elementary and secondary schools which stress good nutrition and healthy lifestyles;

     f.     Function as an advocate for the adoption and implementation of effective measures to improve the health of racial and ethnic minority populations in this State, which measures should lead to the elimination of disparities among the various racial and ethnic populations of this State with respect to access to high-quality health care, utilization of health care services, and health status;

     g.     Improve existing data systems to ensure that the health information that is collected includes specific race and ethnicity identifiers;

     h.     Review the programs of the Departments of Health [and Senior Services], Human Services, Community Affairs, and Education and any other department of State government, as appropriate, that concern multicultural or minority health and make recommendations to the departments that will enable them to better coordinate and improve the effectiveness of their efforts;

     i.      Develop a Statewide plan for increasing the number of racial and ethnic minority health care professionals which includes recommendations for the financing mechanisms and recruitment strategies necessary to carry out the plan;

     j.     Work collaboratively with colleges of medicine and dentistry in this State and other health care professional training programs to develop cultural and language competency courses that are designed to address the problem of racial and ethnicity disparities in health care access, utilization, treatment decisions, quality, and outcomes;

     k.    Develop recommendations for the most effective means of providing outreach to racial and ethnic minority communities throughout the State to ensure their maximum participation in publicly funded health benefits programs;

     l.      Seek to establish a Statewide alliance with community-based agencies and organizations, health care facilities, health care provider organizations, managed care organizations, and pharmaceutical manufacturers to promote the objectives of the office; and

     m.    Evaluate multicultural or racial and ethnic minority health programs in other states to assess their efficacy and potential for replication in this State and make recommendations regarding the adoption of such programs, as appropriate.

(cf: P.L.2001, c.205, s.4)

 

     124.  Section 4 of P.L.1991, c.401 (C.26:2-163) is amended to read as follows:

     4.    The office is authorized to:

     a.     Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the operation of the office and other matters that may be necessary to carry out the purposes of this act;

     b.    Maintain offices at such places within the State as it may designate;

     c.     Employ a director and other personnel as may be necessary.  The director shall be appointed by the Commissioner of Health [and Senior Services] and shall serve at the pleasure of the commissioner during the commissioner's term of office and until the appointment and qualification of the director's successor.  The director shall devote his entire time to the duties of the position and shall receive a salary as provided by law;

     d.    Apply for and accept any grant of money from the federal government, private foundations or other sources, which may be available for programs related to multicultural or minority health;

     e.     Serve as the designated State agency for receipt of federal funds specifically designated for multicultural or racial and ethnic minority health programs; and

     f.     Enter into contracts with individuals, organizations, and institutions necessary for the performance of its duties under this act.

(cf: P.L.2001, c.205, s.5)

 

     125.  Section 5 of P.L.1991, c.401 (C.26:2-164) is amended to read as follows:

     5.    There is established a New Jersey Office on Minority and Multicultural  Health Advisory Commission.

     The commission shall consist of nine members, including the Commissioner of Health [and Senior Services] or his designee, who shall serve ex officio, and eight public members who are residents of the State and who shall be appointed as follows: one member who is a health care professional shall be appointed by the President of the Senate; one member who is a health care professional shall be appointed by the Speaker of the General Assembly; and six members, at least two of whom are health care professionals, at least one of whom represents health care facilities and at least one of whom represents the health insurance industry, shall be appointed by the Governor with the advice and consent of the Senate.

     The term of office of each public member shall be three years, but of the members first appointed, two shall be appointed for a term of one year, three shall be appointed for a term of two years and three shall be appointed for a term of three years.  A member shall hold office for the term of his appointment and until his successor has been appointed and qualified.  All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment.  A member of the commission is eligible for reappointment.

     The public members of the commission shall not receive any compensation for their services, but shall be reimbursed for the actual and necessary expenses incurred in the performance of their duties as members of the commission, within the limits of funds available to the commission.

     The members of the commission shall annually elect a chairman and a vice-chairman from among the public members and may select a secretary, who need not be a member of the commission.

     The New Jersey Office on Minority and Multicultural Health shall provide such staff and assistance as the commission requires to carry out its work.

(cf. P.L.2001, c.205, s.6)

 

     126.  Section 1 of P.L.2004, c.137 (C.26:2-167.1) is amended to read as follows:

     1.    The Commissioner of Health [and Senior Services] shall establish the "Eliminating Health Disparities Initiative" in the Office on Minority and Multicultural Health.  The commissioner shall require the office to develop and implement a comprehensive, coordinated plan to reduce health disparities between White and racial and ethnic minority populations in the State in the following priority areas:  asthma; infant mortality; breast, cervical, prostate and colorectal cancer screening; kidney disease; HIV/AIDS; hepatitis C; sexually transmitted diseases; adult and child immunizations; cardiovascular disease; diabetes; and accidental injuries and violence.  As used in this act, "office" means the New Jersey Office on Minority and Multicultural Health.

(cf: P.L.2004, c.137, s.1)

 

     127.  Section 3 of P.L.2004, c.137 (C.26:2-167.33) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

(cf: P.L.2004, c.137, s.3)

 

     128.  Section 2 of P.L.1993, c.229 (C.26:2-169) is amended to read as follows:

     2.    The Department of [Health and Senior] Human Services shall develop criteria which prevention, education, and treatment programs for compulsive gamblers shall meet in order to become eligible for a grant from the funds made available for such programs pursuant to section 145 of P.L.1977, c.110 (C.5:12-145).  The department shall also develop a formula for the distribution of available funds which will result in an equitable distribution among the programs which meet the eligibility criteria and apply for grants.

     The department shall submit a report to the Senate Budget and Appropriations Committee and the Assembly Appropriations Committee, or their successors, describing the criteria developed pursuant to this section and detailing the amount of grants distributed and the names of the programs receiving grants.  The department shall submit the report annually to both committees.

(cf: P.L.2001, c.199, s.40)

 

     129.  Section 2 of P.L.1997, c.229 (C.26:2-171) is amended to read as follows:

     2.    a. There is established in the Executive Branch of the State Government an Advisory Council on Adolescent Pregnancy.  For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the advisory council is allocated within the Department of Health [and Senior Services], but notwithstanding that allocation, the advisory council shall be independent of any supervision or control by the department or by any board or officer thereof.

     b.    The advisory council shall consist of 24 members as follows: the Commissioners of the Departments of Health [and Senior Services], Human Services, Children and Families, Education, Community Affairs, and Labor and Workforce Development, who shall serve as ex officio members, and 18 public members, four of whom shall be teenagers, including two teenage parents and two teenagers who are not parents, and fourteen of whom shall be representatives of community based religious, health, and social service organizations which serve adolescents and health professionals and educators with recognized expertise in the field of adolescent pregnancy.  Of the public members, three shall be appointed by the President of the Senate, no more than two of whom shall be of the same political party; three shall be appointed by the Speaker of the General Assembly, no more than two of whom shall be of the same political party; and 12 shall be appointed by the Governor.  Eight of the persons appointed by the Governor shall be appointed with the advice and consent of the Senate, no more than four of whom shall be of the same political party; and four of the persons appointed by the Governor shall be teenagers.  The advisory council shall organize within 30 days after the appointment of its members.  The members shall select one person from among them to serve as the chairperson and the members shall select a secretary, who need not be a member of the advisory council.

     c.     Each ex officio member may designate an employee of the member's department to represent the member at hearings of the advisory council.  All designees may lawfully vote and otherwise act on behalf of the member for whom they constitute the designee.

     d.    Each public member shall be appointed for a term of three years, but of the members first appointed, six shall serve for a term of one year, six for a term of two years, and six for a term of three years.  Members shall serve until their successors are appointed and qualified.  Vacancies shall be filled in the same manner as the original appointments were made.

     e.     Members of the advisory council shall serve without compensation but, within the limits of funds appropriated or otherwise made available to it, shall be eligible for reimbursement of necessary expenses incurred in the performance of their duties.

     f.     The Department of Health [and Senior Services] shall provide such staff as the advisory council requests to carry out the purposes of this act.

(cf: P.L.2008, c.63, s.1)

 

     130.  Section 2 of P.L.2000, c.167 (C.26:2-176) is amended to read as follows:

     2.    The Commissioner of Health [and Senior Services], in conjunction with the State Board of Medical Examiners and the New Jersey Board of Nursing, shall work with health care facilities and licensed health care professionals in the State to develop policies and procedures to achieve the following requirements concerning postpartum depression:

     a.     Physicians, nurse midwives, and other licensed health care professionals providing prenatal care to women shall provide education to women and their families about postpartum depression in order to lower the likelihood that new mothers will continue to suffer from this illness in silence;

     b.    All birthing facilities in the State shall provide departing new mothers and fathers and other family members, as appropriate, with complete information about postpartum depression, including its symptoms, methods of coping with the illness, and treatment resources;

     c.     Physicians, nurse midwives, and other licensed health care professionals providing postnatal care to women  shall screen new mothers for postpartum depression symptoms prior to discharge from the birthing facility and at the first few postnatal check-up visits; and

     d.    Physicians, nurse midwives, and other licensed health care professionals providing prenatal and postnatal care to women  \shall include fathers and other family members, as appropriate, in both the education and treatment processes to help them better understand the nature and causes of postpartum depression so that they too can overcome the spillover effects of the illness and improve their ability to be supportive of the new mother.

(cf: P.L.2006, c.12, s.1)

 

     131.  Section 3 of P.L.2000, c.167 (C.26:2-177) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall establish a public awareness campaign to inform the general public about the nature and causes of postpartum depression and its health implications, including its symptoms, methods of coping with the illness, and the most effective means of treatment.

(cf: P.L.2000, c.167, s.3)

 

     132.  Section 4 of P.L.2000, c.167 (C.26:2-178) is amended to read as follows:

     4.    The Commissioner of Health [and Senior Services], 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.

(cf: P.L.2000, c.167, s.4)

 

     133.  Section 1 of P.L.2003, c.174 (C.26:2-179) is amended to read as follows:

     1.    The Department of Health [and Senior Services], in consultation with the Department of Environmental Protection, shall prepare a consumer's mercury alert notice for posting in all patient areas of professional medical offices that provide gynecological, obstetrical, or pediatric care and in the patient or client areas of all maternal and child health and nutrition programs.  The notice shall explain the danger to women who expect to become pregnant, women who are pregnant or breast feeding their children, and young children, of eating mercury contaminated fish.  The notice shall summarize the State's and the federal government's most current mercury health advisories concerning fish consumption and shall contain such other information as the department deems appropriate.  The notice also shall list any telephone number that may be established for State residents to call for further information about the health advisories.

     The department shall distribute the notice, at no charge, to all professional medical offices that provide gynecological, obstetrical, or pediatric care and to all publicly funded maternal and child health and nutrition programs in the State.  The department shall update the notice as necessary, and shall make additional copies of the notice available to health care providers upon request.

(cf: P.L.2003, c.174, s.1)

 

     134.  Section 2 of P.L.2005, c.98 (C.26:2-181) is amended to read as follows:

     2.    The Commissioner of Health [and Senior Services] shall establish a public awareness campaign to inform the general public about post-polio sequelae, for which purpose the commissioner shall provide for the development of educational materials, in consultation with health care facilities and providers that have a demonstrated record of expertise and interest in this subject, which shall be made available to local boards of health, physicians, hospitals, and clinics for distribution to consumers.

(cf: P.L.2005, c.98, s.2)

 

     135.  Section 1 of P.L.2005, c.280 (C.26:2-182) is amended to read as follows:

     1.    a. There is established the "Task Force on Cancer Prevention,

Early Detection and Treatment in New Jersey" within the Department of Health [and Senior Services].

     b.    The task force shall be comprised of the following members:

     (1)   the Commissioner of Health [and Senior Services], or his designee, who shall serve ex officio; and

     (2)   no more than 20 public members to be appointed by the Governor, who shall include representatives from:  the Public Health Council; the New Jersey State Commission on Cancer Research; the New Jersey Office on Minority and Multicultural Health; the Medical Society of New Jersey; academic medical centers and universities engaged in cancer education, research, and treatment; providers of cancer treatment and support services; pharmaceutical companies engaged in cancer research; community-based organizations and coalitions engaged in cancer outreach, education, and screening; and cancer survivors.

     c.     The public members shall serve for a term of one year. Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made.

     d.    The task force shall organize as soon as may be practicable, but no later than the 30th day after the appointment of its members, and shall select a chairperson from among the public members.  The chairperson shall appoint a secretary who need not be a member of the task force.  The public members shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.

     e.     The Department of Health [and Senior Services] shall supply such staff and resources, including a person to serve as executive director of the task force, as the task force requires to carry out its duties.

     f.     The task force is entitled to the assistance and services of the employees of any State department, board, bureau, commission, or agency as it may require and as may be available to its for its purposes, and to incur traveling and other miscellaneous expenses necessary to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purpose.

(cf: P.L.2005, c.280, s.1)

 

     136.  Section 2 of P.L.2005, c.280 (C.26:2-183) is amended to read as follows:

     2.    a. The task force shall:

     (1)   evaluate current trends in cancer incidence, morbidity and mortality, screening, diagnosis, and behaviors that increase risk;

     (2)   evaluate historic, current, and emerging cancer control strategies;

     (3)   establish cancer reduction goals, which shall seek to reduce mortality rates for breast, cervical, prostate, lung, and colorectal cancer;

     (4)   establish specific goals for:

     (a)   reducing behavior that increases the risk of cancer, including behavior related to smoking and diet;

     (b)   reversing the present trend of annual increases in the rate of invasive melanoma;

     (c)   closing the gap in cancer mortality rates between the total population and minorities;

     (d)   increasing the use of screening tests for cancer, especially among elderly and minority populations; and

     (e)   increasing the percentage of cancers diagnosed at early stages;

     (5)   develop an integrated set of priority strategies that are necessary to achieve the goals established pursuant to this act; and

     (6)   delineate the respective roles and responsibilities for the State and other entities in implementing the priority strategies identified pursuant to this act.

     b.    (1) The task force shall report to the Governor, the Commissioner of Health [and Senior Services], and the Legislature on its findings, recommendations, and activities at least biennially.

     (2)   In addition, the cervical cancer workgroup, which the task force shall establish in addition to such other workgroups as it deems appropriate, shall report to the Governor, the Commissioner of Health [and Senior Services], and the Legislature at least biennially on its findings and recommendations regarding strategies and actions to reduce the occurrence of, and burdens suffered from, cervical cancer, along with any legislative bills that it desires to recommend for adoption by the Legislature.

(cf: P.L.2005, c.280, s.2)

 

     137.  Section 3 of P.L.2005, c.280 (C.26:2-184) is amended to read as follows:

     3.    The task force established pursuant to Executive Order No. 114 of 2000, together with its functions, powers, duties, and workgroups, is continued in the Department of Health [and Senior Services] as the "Task Force on Cancer Prevention, Early Detection and Treatment in New Jersey" established pursuant to this act.

(cf: P.L.2005, c.280, s.3)

 

     138.  Section 2 of P.L.2011, c.155 (C.26:2-184.2) is amended to read as follows:

     2.    a.  The Commissioner of Health [and Senior Services] shall establish a public awareness campaign to inform the general public about the clinical significance of ovarian cancer and its public health implications.  The campaign shall include, at a minimum,  risk factors, symptoms, the need for early detection, and methods of treatment.

     b.    The commissioner shall, at a minimum:

     (1)   provide for the development of printed educational materials and public service announcements in English and Spanish; and

     (2)   disseminate information for distribution to the public, through a variety of entities, including, but not limited to, local health agencies and clinics, physicians, health care facilities, county offices on aging, pharmacies, libraries, senior citizen centers, other community-based outreach programs and organizations, and the Department of [Health and Senior Services'] Health’s official website.

(cf: P.L.2011, c.155, s.2)

 

     139.  Section 2 of P.L.2007, c.170 (C.26:2-186) is amended to read as follows:

     2.    a. A physician, psychologist, and any other health care professional licensed pursuant to Title 45 of the Revised Statutes who is qualified by training to make the diagnosis and who then makes the diagnosis that a child has an autism spectrum disorder shall report this diagnosis to the Department of Health [and Senior Services] in a form and manner prescribed by the Commissioner of Health [and Senior Services].

     b.    The report shall be in writing and shall include the name and address of the person submitting the report, the name, age, place of birth, and address of the child diagnosed as having an autism spectrum disorder, and other pertinent information as may be required by the commissioner; except that, if the child's parent or guardian objects to the reporting of the child's diagnosis for any reason, the report shall not include any information that could be used to identify the child.

     c.     The commissioner shall specify procedures for the health care professional to inform the child's parent or guardian of the requirements of subsections a. and b. of this section and the purpose served by including this information in the registry established pursuant to section 3 of P.L.2007, c.170 (C.26:2-187), as well as the parent's or guardian's right to refuse to permit the reporting of any information that could be used to identify the child.

(cf: P.L.2009, c.204, s.3)

 

     140.  Section 4 of P.L.2009, c.204 (C.26:2-186.1) is amended to read as follows:

     4.    a. An adult who has been diagnosed as having an autism spectrum disorder by a physician, psychologist, or any other health care professional licensed pursuant to Title 45 of the Revised Statutes who is qualified by training to make the diagnosis, and whose diagnosis has not been reported pursuant to section 2 of P.L.2007, c.170 (C.26:2-186), may, at his discretion, report this diagnosis, or request that a health care professional on his behalf report this diagnosis, to the Department of Health [and Senior Services] in a form and manner prescribed by the Commissioner of Health [and Senior Services].

     b.    The report shall be in writing and shall include the name and address of the person submitting the report, the name, age, place of birth, and address of the adult diagnosed as having an autism spectrum disorder, and other pertinent information as may be required by the commissioner.

     c.     The commissioner shall specify procedures for the health care professional to inform the adult of the provisions of subsections a. and b. of this section and the purpose served by including this information in the registry established pursuant to section 3 of P.L.2007, c.170 (C.26:2-187).

(cf: P.L.2009, c.204, s.4)

 

     141.  Section 3 of P.L.2007, c.170 (C.26:2-187) is amended to read as follows:

     3.    The Department of Health [and Senior Services], in consultation with the Department of Human Services, shall maintain an up-to-date registry which shall include a record of: all reported cases of an autism spectrum disorder that occur in New Jersey, including those reported pursuant to section 2 of P.L.2007, c.170 (C.26:2-186) and section 4 of P.L.2009, c.204 (C.26:2-186.1); each reported case of an autism spectrum disorder that occurs in New Jersey in which the initial diagnosis is changed, lost, or considered misdiagnosed; and any other information it deems relevant and appropriate in order to conduct thorough and complete epidemiologic surveys of autism spectrum disorders, to enable analysis of this problem and to plan for and provide services to children and adults with an autism spectrum disorder and their families.

(cf: P.L.2009, c.204, s.5)

 

     142.  Section 4 of P.L.2007, c.170 (C.26:2-188) is amended to read as follows:

     4.    a. The reports made pursuant to P.L.2007, c.170 (C.26:2-185 et seq.) and section 4 of P.L.2009, c.204 (C.26:2-186.1) are to be used only by the Department of Health [and Senior Services] and other agencies as may be designated by the Commissioner of Health [and Senior Services], including the Department of Human Services, and shall not otherwise be divulged or made public so as to disclose the identity of any person to whom they relate; and, to that end, the reports shall not be included under materials available to public inspections pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).

     b.    A physician, psychologist, or health care professional providing information to the department in accordance with P.L.2007, c.170 (C.26:2-185 et seq.) or section 4 of P.L.2009, c.204 (C.26:2-186.1) shall not be deemed to be, or held liable for, divulging confidential information.

     c.     Nothing in P.L.2007, c.170 (C.26:2-185 et seq.) or section 4 of P.L.2009, c.204 (C.26:2-186.1) shall be construed to compel a child or adult who has been reported as having an autism spectrum disorder to submit to medical or health examination or supervision by the department.

(cf: P.L.2009, c.204, s.6)

 

     143.  Section 2 of P.L.2008, c.80 (C.26:2-190) is amended to read as follows:

     2.    a. The Commissioner of Health [and Senior Services] and the Commissioner of Human Services, in consultation with the New Jersey Fire and Emergency Medical Services Institute and the New Jersey State First Aid Council, shall develop a training curriculum with the purpose of informing emergency responders of the risks associated with autism or an intellectual or other developmental disability, as well as providing instruction in appropriate recognition and response techniques concerning these disabilities.  The curriculum shall be incorporated into existing time requirements for training and continuing education of emergency responders.

     b.    Prior to certification by the Department of Health [and Senior Services], each emergency medical technician trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) shall be required to satisfactorily complete the training developed under subsection a. of this section.  Every emergency medical technician certified prior to the effective date of this act shall, within 36 months of the effective date of this act, satisfactorily complete the training in recognition and response techniques concerning these disabilities, through existing continuing education requirements.

     c.     The Commissioner of Health [and Senior Services] shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

(cf: P.L.2008, c.80, s.2)

 

     144.  Section 3 of P.L.2007, c.255 (C.26:2AA-3) is amended to read as follows:

     3.    As used in this act:

     "Commissioner" means the Commissioner of Health [and Senior Services]; and

     "Reflex sympathetic dystrophy syndrome" or "RSDS" means a debilitating and progressively chronic condition characterized by severe burning pain, pathological changes in bone and skin, excessive sweating, tissue swelling, and extreme sensitivity to touch.

(cf: P.L.2007, c.255, s.3)

 

     145.  Section 4 of P.L.2007, c.255 (C.26:2AA-4) is amended to read as follows:

     4.    The commissioner shall establish a reflex sympathetic dystrophy syndrome education and research program in the Department of Health [and Senior Services].  The purpose of the program is to promote public awareness of the causes of RSDS, the value of early detection and the diagnosis of and possible treatments for the syndrome, and to promote research, through public and private sources, to accurately identify, diagnose, and treat RSDS.

(cf: P.L.2007, c.255, s.4)

 

     146.  Section 5 of P.L.2007, c.255 (C.26:2AA-5) is amended to read as follows:

     5.    The Department of Health [and Senior Services] shall:

     a.     establish a public education program through the department's website, to promote RSDS education, which will enable individuals to make informed decisions about their health, including, but not limited to the following elements:

     (1)   the cause and nature of RSDS;

     (2)   the risk factors that contribute to the manifestation of RSDS;

     (3)   available treatment options, including risks and benefits of those options;

     (4)   environmental safety and injury prevention;

     (5)   rest and use of appropriate body mechanics;

     (6)   the availability of RSDS diagnostic, treatment, and outreach services in the community; and

     (7)   any other factors or elements that might mitigate the effects of RSDS;

     b.    notify local health departments, hospitals, clinics, and other health care providers about the availability of information concerning RSDS on the department's website;

     c.     within the limits of funds available to the department for this purpose, coordinate, promote, and offer professional education programs, through institutions of higher education, for health care providers and health-related community-based organizations, which may include, but are not limited to the following elements:

     (1)   research findings;

     (2)   the cause and nature of RSDS;

     (3)   the risk factors, including, but not limited to, lifestyle, heredity, and drug interactions;

     (4)   the diagnostic procedures and appropriate indications for their use;

     (5)   medical and surgical treatment options, including experimental and established drug therapies and the risks and benefits of each option;

     (6)   environmental safety and injury prevention; and

     (7)   the availability of RSDS diagnosis and treatment and support services in the community; and

     d.    promote research, through both private and public funding sources, to accurately identify, diagnose, and treat RSDS.

(cf: P.L.2007, c.255, s.5)

 

     147.  Section 1 of P.L.2006, c.48 (C.26:2D-82.1) is amended to read as follows:

     1.    a.  A tanning facility operator shall not permit a person who is under 14 years of age to use a tanning facility.

     b.    A tanning facility operator shall not permit a person who is at least 14 but less than 18 years of age to use a tanning facility without written authorization of the person's parent or legal guardian indicating that such parent or guardian has read and understood the safety standards and warnings required pursuant to section 3 of P.L.1989, c.234 (C.26:2D-83).  An emancipated minor shall be exempt from the authorization requirement of this subsection upon legal proof documenting said emancipation.

     c.     The Commissioner of Health [and Senior Services] shall establish by regulation:

     (1)   the contents required in the authorization form;

     (2)   the method for maintaining a record of the forms; and

     (3)   the frequency with which the forms shall be authorized or reauthorized.

     d.    The penalties for violating the provisions of this section shall be as provided in section 7 of P.L.1989, c.234 (C.26:2D-87).

(cf: P.L.2006, c.48, s.1)

 

     148.  Section 3 of P.L.1989, c.234 (C.26:2D-83) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services], in consultation with the Commissioner of Environmental Protection, shall, by regulation, establish minimum safety standards for tanning facilities.  The standards shall include, but not be limited to:

     a.     Establishment of a maximum safe time of exposure to radiation and a maximum safe temperature at which tanning devices may be operated;

     b.    A requirement that a patron at a tanning facility wear protective eye glasses when using tanning equipment and that a patron be supervised as to the length of time the patron uses tanning equipment at the facility;

     c.     A requirement that the facility operator post easily legible, permanent warning signs near the tanning equipment which state: "DANGER-ULTRAVIOLET RADIATION FOLLOW ALL INSTRUCTIONS";

     d.    A requirement that the facility have protective shielding for tanning equipment in the facility; and

     e.     A requirement that the facility operator post a sign in conspicuous view at or near the reception area which states: "PERSONS UNDER AGE 14 SHALL NOT BE PERMITTED TO USE THIS TANNING FACILITY.  PERSONS BETWEEN 14 AND 18 YEARS OF AGE SHALL NOT BE PERMITTED TO USE THIS TANNING FACILITY WITHOUT WRITTEN AUTHORIZATION OF A PARENT OR LEGAL GUARDIAN."

(cf: P.L.2006, c.48, s.2)

 

     149.  Section 5 of P.L.1989, c.234 (C.26:2D-85) is amended to read as follows:

     5.    There is established in the Department of Health [and Senior Services] a nonlapsing revolving fund known as the "Non-Ionizing Radiation Fund."  The fund shall be credited with all fees collected pursuant to this act.  Interest on monies in the fund shall be credited
to the fund, and all monies in the fund are appropriated for the purposes of this act.

(cf: P.L.2006, c.48, s.3)

 

     150.  Section 6 of P.L.1989, c.234 (C.26:2D-86) is amended to read as follows:

     6.    a. A tanning facility shall register annually with the Department of Health [and Senior Services] on forms provided by the department and shall pay to the department an annual registration fee.

     b.    The Department of Health [and Senior Services] shall establish a registration fee schedule, by regulation, to cover the costs of implementing the provisions of this act, including the costs incurred by local boards of health pursuant to section 4 of this act.

(cf: P.L.2006, c.48, s.4)

 

     151.  Section 7 of P.L.1989, c.234 (C.26:2D-87) is amended to read as follows:

     7.    A person who violates the provisions of this act is subject to a penalty of $100 for the first offense and $200 for each subsequent offense.  The penalty shall be sued for and collected in a court of competent jurisdiction in a summary proceeding in accordance with  the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     A penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health [and Senior Services] or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health [and Senior Services] the penalty recovered shall be paid by the commissioner into the treasury of the State.  When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board of health into the treasury of the municipality where the violation occurred.

(cf: P.L.2006, c.48, s.5)

 

     152.  Section 8 of P.L.1989, c.234 (C.26:2D-88) is amended to read as follows:

     8.    In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health [and Senior Services], in consultation with the Commissioner of Environmental Protection, shall promulgate rules and regulations necessary to carry out the purposes of this act.

(cf: P.L.2006, c.48, s.6)

 

     153.  Section 2 of P.L.1971, c.136 (C.26:2H-2) is amended to read as follows:

["]2.    The following words or phrases, as used in this act, shall have the following meanings, unless the context otherwise requires:

     a.     "Health care facility" means the facility or institution whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis,  or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, residential health care facility, and bioanalytical laboratory (except as specifically excluded hereunder) or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly by any one or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.

     b.    "Health care service" means the preadmission, outpatient, inpatient, and postdischarge care provided in or by a health care facility, and such other items or services as are necessary for such care, which are provided by or under the supervision of a physician for the purpose of health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, disability, deformity, or physical condition, including, but not limited to, nursing service, home care nursing, and other paramedical service, ambulance service, service provided by an intern, resident in training or physician whose compensation is provided through agreement with a health care facility, laboratory service, medical social service, drugs, biologicals, supplies, appliances, equipment, bed and board, but excluding services provided by a physician in his private practice, except as provided in  sections 7 and 12 of P.L.1971, c.136 (C.26:2H-7 and 26:2H-12), or by practitioners of healing solely by prayer, and services provided by first aid, rescue and ambulance squads as defined in the "New Jersey Highway Safety Act of 1971," P.L.1971, c.351 (C.27:5F-1 et seq.).

     c.     "Construction" means the erection, building, or substantial acquisition, alteration, reconstruction, improvement, renovation, extension, or modification of a health care facility, including its equipment, the inspection and supervision thereof; and the studies, surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary thereto.

     d.    "Board" means the Health Care Administration Board established pursuant to this act.

     e.     (Deleted by amendment, P.L.1998, c.43).

     f.     "Government agency" means a department, board, bureau, division, office, agency, public benefit, or other corporation, or any other unit, however described, of the State or political subdivision thereof.

     g.     (Deleted by amendment, P.L.1991, c.187).

     h.     (Deleted by amendment, P.L.1991, c.187).

     [I.] i. "Department" means the [State] Department of Health [and Senior Services].

     j.     "Commissioner" means the [State] Commissioner of Health [and Senior Services].

     k.    "Preliminary cost base" means that proportion of a hospital's current cost which may reasonably be required to be reimbursed to a properly utilized hospital for the efficient and effective delivery of appropriate and necessary health care services of high quality required by such hospital's mix of patients.  The preliminary cost base initially may include costs identified by the commissioner and approved or adjusted by the commission as being in excess of that proportion of a hospital's current costs identified above, which excess costs shall be eliminated in a timely and reasonable manner prior to certification of the revenue base.  The preliminary cost base shall be established in accordance with regulations proposed by the commissioner and approved by the board.

     l.      (Deleted by amendment, P.L.1992, c.160).

     m.    "Provider of health care" means an individual (1) who is a direct provider of health care service in that the individual's primary activity is the provision of health care services to individuals or the administration of health care facilities in which such care is provided and, when required by State law, the individual has received professional training in the provision of such services or in such administration and is licensed or certified for such provision or administration; or (2) who is an indirect provider of health care in that the individual (a) holds a fiduciary position with, or has a fiduciary interest in, any entity described in subparagraph b(ii) or subparagraph b(iv); provided, however, that a member of the governing body of a county or any elected official shall not be deemed to be a provider of health care unless he is a member of the board of trustees of a health care facility or a member of a board, committee or body with authority similar to that of a board of trustees, or unless he participates in the direct administration of a health care facility; or (b) received, either directly or through his spouse, more than one-tenth of his gross annual income for any one or more of the following:

     (i)    Fees or other compensation for research into or instruction in the provision of health care services;

     (ii)   Entities engaged in the provision of health care services or in research or instruction in the provision of health care services;

     (iii)   Producing or supplying drugs or other articles for individuals or entities for use in the provision of or in research into or instruction in the provision of health care services;

     (iv)  Entities engaged in producing drugs or such other articles.

     n.     "Private long-term health care facility" means a nursing home, skilled nursing home, or intermediate care facility presently in operation and licensed as such prior to the adoption of the 1967 Life Safety Code by the [State] Department of Health [and Senior Services] in 1972 and which has a maximum 50-bed capacity and which does not accommodate Medicare or Medicaid patients.

     o.    (Deleted by amendment, P.L.1998, c.43).

     p.    "State Health Planning Board" means the board established pursuant to section 33 of P.L.1991, c.187 (C.26:2H-5.7) to conduct certificate of need review activities.

(cf:  P.L.2004, c.54, s.3)

 

     154.  Section 1 of P.L.2000, c.62 (C.26:2H-5b) is amended to read as follows:

     1.    a. The Commissioner of Health [and Senior Services] 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.

(cf: P.L.2000, c.62, s.1)

 

     155.  Section 2 of P.L.2000, c.62 (C.26:2H-5c) is amended to read as follows:

     2.    The Commissioner of Health [and Senior Services], 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.

(cf: P.L.2000, c.62, s.2)

 

     156.  Section 1 of P.L.2002, c.81 (C.26:2H-5d) is amended to read as follows:

     1.    a.  The Commissioner of Health [and Senior Services], 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.

(cf: P.L.2002, c.81, s.1)

 

     157.  Section 1 of P.L.2004, c.90 (C.26:2H-5e) is amended to read as follows:

     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 [and Senior Services], 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.

(cf: P.L.2004, c.90, s.1)

 

     158.  Section 3 of P.L.2005, c.21 (C.26:2H-5h) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services], 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.

(cf: P.L.2005, c.21, s.3)

 

     159.  Section 2 of P.L.2008, c.58 (C.26:2H-5.1a) is amended to read as follows:

     2.    a. The Commissioner of Health [and Senior Services] shall prescribe, by regulation:  (1) specific indicators by which a general hospital may be evaluated for financial soundness, and the thresholds at which it may be considered to be in financial distress or at risk of being in financial distress; and (2) the progressive levels of monitoring and department participation in the development and oversight of corrective measures to resolve a general hospital's financial or potential financial difficulties, including the various levels of involvement by an appointed monitor.  The indicators and progressive levels of monitoring and intervention shall be guided by the indicators and levels of monitoring and intervention identified in the final report of the New Jersey Commission on Rationalizing Health Care Resources, issued on January 24, 2008.

     b.    The thresholds of specified financial indicators and corresponding Department of Health [and Senior Services] involvement that may be triggered by them shall include, but are not limited to, measures relating to:

     (1)   days cash-on-hand;

     (2)   cushion ratio;

     (3)   days in accounts receivable;

     (4)   average payment period;

     (5)   total margin;

     (6)   earnings before depreciation; and

     (7)   any other factor which the commissioner deems appropriate, including failure to provide required or requested financial information.

     c.     If the commissioner determines that a hospital is in financial distress or at risk of being in financial distress after considering the specified financial indicators set forth in subsection b. of this section, then the commissioner may appoint, in consultation with the hospital, a monitor to prevent further financial deterioration.  Payment for the monitor shall be determined through a contingency contract established between the hospital and the monitor.  The contract shall be subject to approval by the department with regard to the monitor's responsibilities.  In no case shall a hospital bear financial liability if no savings result from measures undertaken pursuant to the contract.

     The appointed monitor shall have demonstrated expertise in hospital administration, management, or operations.  A monitor: (1) shall be authorized to attend all hospital board meetings, executive committee meetings, finance committee meetings, steering committee meetings, turnaround committee meetings, or any other meetings concerning the hospital's fiscal matters; (2) may be authorized to have voting and veto powers over actions taken in the above mentioned meetings; (3) shall report to the commissioner and the full hospital board of trustees in a manner prescribed by the commissioner; and (4) shall serve for such period of time as may be determined by the commissioner in consultation with the hospital.

     The commissioner shall maintain continuing oversight of the actions and recommendations of the monitor to ensure that the public interest is protected.

(cf: P.L.2008, c.58, s.2)

 

     160.  Section 3 of P.L.2008, c.58 (C.26:2H-5.1b) is amended to read as follows:

     3.    As a condition of licensure under P.L.1971, c.136 (C.26:2H-1 et al.), a general hospital shall:

     a.     provide monthly unaudited financial information and annual audited financial statements to the Department of Health [and Senior Services], and such other financial information as the department may request; and

     b.    permit the Commissioner of Health [and Senior Services], or a monitor appointed by the commissioner, as applicable, to oversee its financial operations, and, if the commissioner determines that the hospital is at risk of being in financial distress or is in financial distress based on criteria specified by regulation, participate in the development and implementation of a corrective plan to resolve the hospital's financial difficulties, pursuant to section 2 of P.L.2008, c.58 (C.26:2H-5.1a). 

(cf: P.L.2008, c.58, s.3)


     161.  Section 1 of P.L.2009, c.263, 1[s.1]1 (C.26:2H-5.1c) is amended to read as follows:

     1.    An ambulatory care facility licensed to provide surgical services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall use a common billing form, designated by the Commissioner of Health [and Senior Services], for each patient when billing for health care services.  The information provided on the billing form shall, to the extent applicable, be the same as that required of hospitals.

(cf: P.L.2009, c.263, s.1)

 

     162.  Section 3 of P.L.2009, c.263 (C.26:2H-5.1e) is amended to read as follows:

     3.    a. An ambulatory care facility licensed to provide surgical services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be required to report quarterly to the Department of Health [and Senior Services], in a form and manner prescribed by the commissioner:

     (1)   process quality indicators of infection control as selected by the commissioner in consultation with the Quality Improvement Advisory Committee within the department; and

     (2)   beginning 30 days after the adoption of regulations pursuant to this act, data on infection rates for the major site categories that define facility-associated infection locations, multiple infections, and device-related and non-device related infections, as selected by the commissioner in consultation with the Quality Improvement Advisory Committee within the department.

     b.    The information reported pursuant to this section shall be transmitted in such a manner as to not include identifying information about patients.

     c.     The commissioner shall promptly advise an ambulatory care facility in the event that the commissioner determines, based on information reported by the facility, that a change in facility practices or policy is necessary to improve performance in the prevention of facility-associated infection and quality of care provided at the facility.

     d.    The commissioner shall make available to members of the public, on the official Internet website of the department, the information reported pursuant to this section, in such a format as the commissioner deems appropriate to enable comparison among ambulatory care facilities with respect to the information.

     e.     In order to effectuate the purposes of this section, the commissioner, in consultation with the Quality Improvement Advisory Committee in the department, shall, by regulation:  establish standard methods for identifying and reporting facility-associated infections; identify the major site categories for which infections shall be reported, taking into account the categories most likely to improve the delivery and outcome of health care in the State; and specify the methodology for presenting the data to the public, including procedures to adjust for differences in case mix and severity of infections among facilities.

(cf: P.L.2009, c.263, s.3)

 

     163.  Section 4 of P.L.2009, c.263 (C.26:2H-5.1f) is amended to read as follows:

     4.    The Commissioner of Health [and Senior Services], 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.

(cf: P.L.2009, c.263, s.4)

 

     164.  Section 33 of P.L.1991, c.187 (C.26:2H-5.7) is amended to read as follows:

     33.  There is established in the Department of Health [and Senior Services] a State Health Planning Board.  The members of the board shall include: the Commissioners of Health [and Senior Services], Children and Families, and Human Services, or their designees, who shall serve as ex officio, nonvoting members; the chairmen of the Health Care Administration Board and the Public Health Council, or their designees, who shall serve as ex officio members; and nine public members appointed by the Governor with the advice and consent of the Senate, five of whom are consumers of health care services who are neither providers of health care services or persons with a fiduciary interest in a health care service.

     Of the additional public members first appointed pursuant to P.L.1998, c.43, two shall serve for a term of two years and two shall serve for a term of three years.  Following the expiration of the original terms, the public members shall serve for a term of four years and are eligible for reappointment.  Public members serving on the board on the effective date of P.L.1998, c.43 shall continue to serve for the term of their appointment. Any vacancy shall be filled in the same manner as the original appointment, for the unexpired term.  Public members shall continue to serve until their successors are appointed.  The public members shall serve without compensation but may be reimbursed for reasonable expenses incurred in the performance of their duties, within the limits of funds available to the board. 

     a.     A member or employee of the State Health Planning Board shall not, by reason of his performance of any duty, function, or activity required of, or authorized to be undertaken by the board, be held civilly or criminally liable if that person acted within the scope of his duty, function, or activity as a member or employee of the board, without gross negligence or malice toward any person affected thereby.

     b.    A member of the State Health Planning Board shall not vote on any matter before the board concerning an individual or entity with which the member has, or within the last 12 months has had, any substantial ownership, employment, medical staff, fiduciary, contractual, creditor, or consultative relationship.  A member who has or has had such a relationship with an individual or entity involved in any matter before the board shall make a written disclosure of the relationship before any action is taken by the board with respect to the matter and shall make the relationship public in any meeting in which action on the matter is to be taken. 

(cf: P.L.2006, c.47, s.108)

 

     165.  Section 34 of P.L.1991, c.187 (C.26:2H-5.8) is amended to read as follows:

     34.  a. (Deleted by amendment, P.L.1998, c.43).

     b.    The State Health Planning Board shall review applications for certificates of need and make recommendations to the Commissioner of Health [and Senior Services].

     c.     In the case of an application for a certificate of need to transfer ownership of an existing general acute care hospital or to close or eliminate a health care facility or service that is subject to review by the State Health Planning Board, the State Health Planning Board shall hold at least one public hearing in the service area of the health care facility or service; except that, in the event the Attorney General or the Department of Health [and Senior Services] is required by State law to hold a public hearing on the transfer of ownership of the hospital, the State Health Planning Board shall not be required to hold a public hearing on the application for a certificate of need to transfer ownership of the hospital.  The public hearing shall be held no later than 30 days after an application is deemed complete by the Commissioner of Health [and Senior Services].  Public notice of the hearing shall be provided at least two weeks in advance of the date of the hearing.

     Notwithstanding the provisions of this subsection to the contrary, in the event that the commissioner determines that a proposed closure or elimination of a health care facility or service should be considered on an expedited basis in order to preserve the quality of health care provided to the community, the commissioner may reduce the period of time required for public notice of the hearing.

(cf: P.L.1998, c.43, s.5)

 

     166.  Section 2 of P.L.1999, c.311 (C.26:2H-5.11) is amended to read as follows:

     2.    As used in this act:

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Department" means the Department of Health [and Senior Services].

     "Needle stick injury" means the parenteral introduction into the body of a health care worker of blood or other potentially infectious material by a needle or other sharp device during the worker's performance of health care duties in a health care facility.

(cf: P.L.1999, c.311, s.2)

 

     167.  Section 6 of P.L.2007, c.236 (C.26:2H-5.22) is amended to read as follows:

     6.    A covered health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) that is in violation of the provisions of this act shall be subject to such penalties as the Commissioner of Health [and Senior Services] may determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14).

(cf: P.L.2007, c.236, s.6)

 

     168.  Section 7 of P.L.2007, c.236 (C.26:2H-5.23) is amended to read as follows:

     7.    The Commissioners of Health [and Senior Services] and Human Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.

(P.L.2007, c.236, s.7)

 

     169.  Section 7 of P.L.1971, c.136 (C.26:2H-7) is amended to read as follows:

     7.    No health care facility shall be constructed or expanded, and no new health care service shall be instituted after the effective date of P.L.1971, c.136 (C.26:2H-1 et seq.) except upon application for and receipt of a certificate of need as provided by P.L.1971, c.136 (C.26:2H-1 et seq.).  No agency of the State or of any county or municipal government shall approve any grant of funds for, or issue any license to, a health care facility which is constructed or expanded, or which institutes a new health care service, in violation of the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.).

     Except as provided in section 19 of P.L.1992, c.160 (C.26:2H-7a) and section 16 of P.L.1998, c.43 (C.26:2H-7c), the provisions of this section shall apply to:

     a.     The initiation of any health care service as provided in section 2 of P.L.1971, c.136 (C.26:2H-2); 

     b.    The initiation by any person of a health care service which is the subject of a health planning regulation adopted by the Department of Health [and Senior Services]

     c.     The purchase by any person of major moveable equipment whose total cost is over $2 million;

     d.    The expenditure by a licensed health care facility of over $2 million for construction of a new health care facility; and 

     e.     The construction of a facility by any person, whose total project cost exceeds $2 million, if the facility-type is the subject of a health planning regulation adopted by the Department of Health [and Senior Services].

     The commissioner may periodically increase the monetary thresholds established in this section, by regulation, to reflect inflationary increases in the costs of health care equipment or construction.

     For the purposes of this section, "health care service" shall include any service which is the subject of a health planning regulation adopted by the Department of Health [and Senior Services], and "person" shall include a corporation, company, association, society, firm, partnership, and joint stock company, as well as an individual.

     A physician who initiates a health care service which is the subject of a health planning regulation or purchases major moveable equipment pursuant to subsection b. or c. of this section, may apply to the commissioner for a waiver of the certificate of need requirement if: the equipment or health care service is such an essential, fundamental, and integral component of the physician's practice specialty, that the physician would be unable to practice his specialty according to the acceptable medical standards of that specialty without the health care service or equipment; the physician bills at least 75% of his total amount of charges in the practice specialty which uses the health care service or equipment; and the health care service or equipment is not otherwise available and accessible to patients, pursuant to standards established by the commissioner, by regulation.  The commissioner shall make a determination about whether to grant or deny the waiver, within 120 days from the date the request for the waiver is received by the commissioner and shall so notify the physician who requested the waiver.  If the request is denied, the commissioner shall include in that notification the reason for the denial. If the request is denied, the initiation of a health care service or the purchase of major moveable equipment shall be subject to the certificate of need requirements pursuant to this section.

     A health maintenance organization which furnishes at least basic comprehensive care health services on a prepaid basis to enrollees either through providers employed by the health maintenance organization or through a medical group or groups which contract directly with the health maintenance organization, which initiates a health care service, or constructs a health care facility pursuant to subsection a., b., d., or e. of this section, may apply to the commissioner for a waiver of the certificate of need requirement if:  the initiation of the health care service or the construction is in the best interests of State health planning; and the health maintenance organization is in compliance with the provisions of P.L.1973, c.337 (C.26:2J-1 et seq.) and complies with the provisions of subsection d. of section 3 of P.L.1973, c.337 (C.26:2J-3) regarding notification to the commissioner.  The commissioner shall make a determination about whether to grant or deny the waiver within 45 days from the date the request for the waiver is received by the commissioner and shall so notify the health maintenance organization.  If the request for a waiver is denied on the basis that the request would not be in the best interests of State health planning, the commissioner shall state in that notification the reason why the request would not be in the best interests of State health planning.  If the request for a waiver is denied, the health maintenance organization's initiation of a health care service or construction project shall be subject to the certificate of need requirements pursuant to this section.

     The requirement to obtain a certificate of need for major moveable equipment pursuant to subsection c. of this section shall not apply if a contract to purchase that equipment was entered into prior to July 1, 1991.

(cf: P.L.1998, c.43, s.6)

 

     170.  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; 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)

 

     171.  Section 18 of P.L.1998, c.43 (C.26:2H-7d) is amended to read as follows:

     18.  Notwithstanding the provisions of P.L.1971, c.136 (C.26:2H-1 et seq.) to the contrary, health care equipment which involves new technology that is not identified in N.J.A.C.8:33 et seq., shall not be subject to certificate of need requirements and may be initiated in the State in accordance with the requirements of this section.

     a.     The new technology shall be directly related to a health care service for which the provider is already licensed and has obtained a certificate of need, when required.

     b.    The provider shall notify the Commissioner of Health [and Senior Services] about the intent to initiate the new technology at least 60 days prior to the date the provider will begin use of the technology.

     c.     The new technology shall have pre-market approval from the federal Food and Drug Administration.

     d.    The provider shall use the new technology in accordance with guidelines approved by [the] The Joint Commission [on Accreditation of Health Care Organizations] until such time as the Department of Health [and Senior Services] has adopted licensing standards for the new technology.  The provider shall be required to comply with the department's licensing standards for the new technology upon adoption of the standards.

     e.     The provider shall agree to submit to the department appropriate patient information and other data concerning use of the new technology to assist the department in establishing licensing standards.  The provider shall submit the information and other data on a quarterly basis until such time as licensing standards are adopted for the new technology.

     f.     The commissioner may suspend a provider's use of the new technology if he determines that the provider is not in compliance with the requirements of this section.

(cf: P.L.1998, c.43, s.18)

 

     172.  Section 3 of P.L.1996, c.102 (C.26:2H-7.6) is amended to read as follows:

     3.    a. A hospital which proposes to utilize a portion of its licensed bed capacity for the purpose of establishing a subacute care unit shall be subject to the following requirements:

     (1)   the subacute care unit's beds shall be licensed by the Department of Health [and Senior Services] as long-term care beds and shall meet all applicable State licensing and federal certification requirements, including the physical requirements for skilled nursing beds under the federal Medicare program established pursuant to Pub.L.89-97 (42 U.S.C.s.1395 et seq.), with reasonable waiver provisions as determined by the commissioner or the federal [Health Care Financing Administration] Centers for Medicare & Medicaid Services, as appropriate;

     (2)   the maximum length of stay in the unit shall not exceed eight days;

     (3)   the unit shall be certified to participate in the Medicare program as a skilled nursing facility;

     (4)   the unit shall be comprised of not more than 7% of the hospital's licensed medical-surgical bed capacity or 12 beds, whichever is greater;

     (5)   the hospital's licensed medical-surgical bed capacity shall be reduced, by the commissioner, by the number of beds used to establish a subacute care unit under the provisions of this section.  Long-term care beds in a hospital's subacute care unit shall not be transferred to, or combined with, a subacute care unit in another hospital.  Bed limitations for a hospital shall include both conversions of existing acute care beds and any purchases or other acquisitions or rentals of beds to be used by a hospital for the provision of subacute care under this act;

     (6)   (Deleted by amendment, P.L.1998, c.43).

     (7)   the hospital shall be subject to the fee for the filing of an application for a license for long-term care beds and any renewal thereof as established by the Department of Health [and Senior Services] pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12).

     b.    Subacute care shall not be covered by the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).  The long-term care beds in a subacute care unit shall not be included in long-term care bed inventories for certificate of need review purposes.

(cf: P.L.1998, c.43, s.8)

 

     173.  Section 2 of P.L.2000, c.143 (C.26:2H-7.11) is amended to read as follows:

     2.    In addition to the requirements of P.L.1971, c.136 (C.26:2H-1 et seq.) concerning certificate of need and licensure requirements, a nonprofit hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall satisfy the requirements of this act before applying to the Superior Court of New Jersey for approval prior to entering into a transaction that results in the acquisition of the hospital as defined in this act.  The proposed acquisition shall be subject to the prior review of the Attorney General, in consultation with the Commissioner of Health [and Senior Services], pursuant to the provisions of this section. The Attorney General shall review the application in furtherance of his common law responsibilities as protector, supervisor, and enforcer of charitable trusts and charitable corporations.

     For the purposes of sections 2 and 3 of this act, "acquisition" means the purchase, lease, exchange, conversion, restructuring, merger, division, consolidation, transfer of control, or other disposition of a substantial amount of assets or operations, whether through a single transaction or series of transactions, with one or more persons or entities.

     This act shall not apply to a nonprofit hospital if the proposed acquisition is in the usual and regular course of its activities and the Attorney General has given the nonprofit hospital a written waiver as to the proposed acquisition.  As used in this section, a proposed acquisition is not in the usual and regular course of a nonprofit hospital's activities if it effects a fundamental corporate change that involves transfer of ownership or control of charitable assets or a change of the nonprofit hospital's mission or purpose.

     a.     (1) Within five working days of submitting an application pursuant to this section, the nonprofit hospital shall publish a notice of the proposed acquisition, in a form approved by the Attorney General, in a newspaper of general circulation in the service area of the hospital once per week for three weeks.  The notice shall state the names of the parties to the agreement, describe the contents of the application to the Attorney General, and state the date by which a person may submit written comments about the application to the Attorney General.

     (2)   Within 30 days after receipt of an initial application, the Attorney General shall advise the applicant in writing whether the application is complete, and, if not, shall specify what additional information is required.

     (3)   The Attorney General shall, upon receipt of the information requested, notify the applicant in writing of the date of completion of the application.

     b.    Within 90 days of the date of completion of the application, the Attorney General, in consultation with the Commissioner of Health [and Senior Services], shall review the application and support the proposed acquisition, with or without any specific modifications, or, if [he] the Attorney General finds that it is not in the public interest, oppose the proposed acquisition.  The Attorney General or commissioner may, for good cause, extend the time for review of an application submitted pursuant to this section.

     The proposed acquisition shall not be considered to be in the public interest unless the Attorney General determines that appropriate steps have been taken to safeguard the value of the charitable assets of the hospital and to ensure that any proceeds from the proposed acquisition are irrevocably dedicated for appropriate charitable health care purposes; and the Commissioner of Health [and Senior Services] determines that the proposed transaction is not likely to result in the deterioration of the quality, availability or accessibility of health care services in the affected communities.

     c.     In determining whether the acquisition meets the criteria of subsection b. of this section, the Attorney General shall consider:

     (1)   Whether the acquisition is permitted under the "New Jersey Nonprofit Corporation Act," Title 15A of the New Jersey Statutes, and other applicable State statutes governing nonprofit entities, trusts, or charities;

     (2)   Whether the nonprofit hospital exercised due diligence in deciding to effectuate the acquisition, selecting the other party to the acquisition and negotiating the terms and conditions of the acquisition;

     (3)   The procedures used by the nonprofit hospital in making its decision, including whether appropriate expert assistance was used;

     (4)   Whether conflict of interest was disclosed, including, but not limited to, conflicts of interest related to board members of, executives of and experts retained by the nonprofit hospital, purchaser, or other parties to the acquisition;

     (5)   Whether any management contract under the acquisition is for reasonable fair value;

     (6)   Whether the acquisition proceeds will be used for appropriate charitable health care purposes consistent with the nonprofit hospital's original purpose or for the support and promotion of health care and whether the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition; and

     (7)   Any other criteria the Attorney General establishes by regulation to determine whether the proposed acquisition is in the public interest.

     d.    In determining whether an acquisition by any person or entity other than a corporation organized in this State for charitable purposes under Title 15A of the New Jersey Statutes meets the criteria of subsection b. of this section, the Attorney General shall consider, in addition to the criteria set forth in subsection c., the following criteria:

     (1)   Whether the nonprofit hospital will receive full and fair market value for its assets.  The Attorney General may employ, at the nonprofit hospital's expense, reasonably necessary expert assistance in making this determination;

     (2)   Whether charitable funds are placed at unreasonable risk, if the acquisition is financed in part by the nonprofit hospital;

     (3)   Whether a right of first refusal has been retained to repurchase the assets by a successor nonprofit corporation or foundation if, following the acquisition, the hospital is subsequently sold to, acquired by or merged with another entity;

     (4)   Whether the nonprofit hospital established appropriate criteria in deciding to pursue a conversion in relation to carrying out its mission and purposes;

     (5)   Whether the nonprofit hospital considered the proposed conversion as the only alternative or as the best alternative in carrying out its mission and purposes;

     (6)   Whether the nonprofit hospital exercised due care in assigning a value to the existing hospital and its charitable assets in proceeding to negotiate the proposed conversion;

     (7)   Whether officers, directors, board members, or senior management will receive future contracts in existing, new, or affiliated hospitals or foundations; and

     (8)   Any other criteria the Attorney General establishes by regulation to determine whether a proposed acquisition by any person or entity other than a corporation organized in this State for charitable purposes under Title 15A of the New Jersey Statutes is in the public interest.

     e.     In [his] the Attorney General’s review of the proposed acquisition, the Attorney General may assess the entity proposing to acquire the nonprofit hospital for reasonable costs related to the review, as determined by the Attorney General to be necessary.  Reasonable costs may include expert review of the acquisition and a process for educating the public about the acquisition and obtaining public input.

     f.     The Attorney General and the Commissioner of Health [and Senior Services] shall, during the course of the review pursuant to this section, hold at least one public hearing in which any person may file written comments and exhibits or appear and make a statement.  The public hearing may, if the Attorney General and commissioner so agree, be conducted jointly.  The commissioner may satisfy the requirements of this subsection by conducting a public hearing in conjunction with the certificate of need review process pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).  The Attorney General or the commissioner may subpoena additional information or witnesses, including, but not limited to, information about any transaction that is collateral to the proposed acquisition and any related documents, require and administer oaths, require sworn statements, take depositions and use related discovery procedures for purposes of the hearing and at any time prior to completing the review of the proposed acquisition.

     The Attorney General shall make the information received pursuant to this section, and the Department of Health [and Senior Services] shall make any information in its records relating to the proposed acquisition, available for inspection at no cost to the public.

     The public hearing shall be held no later than 60 days after the date that an application from a nonprofit hospital is deemed complete by the Attorney General.  Public notice of the hearing shall be provided at least two weeks in advance of the date of the hearing.

     g.     In a proposed acquisition subject to review under subsection d. of this section, the Attorney General, after consultation with the principal parties to the transaction, shall make a determination as to the amount of assets which the nonprofit hospital shall set aside as a charitable obligation, based on the full and fair market value of the hospital at the time of the proposed acquisition as determined by the Attorney General.

     h.     Upon execution of a proposed acquisition subject to review under subsection d. of this section, the amount determined by the Attorney General to be set aside as a charitable obligation shall be placed in a nonprofit charitable trust or one or more existing or newly established tax-exempt charitable organizations operating pursuant to 26 U.S.C. s. 501(c)(3).  The charitable mission and grant-making functions of any charitable entity that receives assets pursuant to subsection g. of this section shall be dedicated to serving the health care needs of the community historically served by the predecessor nonprofit hospital.  Any charitable entity that receives assets pursuant to subsection g. of this section, the directors, officers, and trustees of any such charitable entity, and the assets of any such charitable entity, including any stock involved in the acquisition, shall be independent of any influence or control by the acquiring entity, its directors, officers, trustees, subsidiaries, or affiliates.

     (1)   The governance of the charitable trust that results from the acquisition or of any newly established charitable organization that is to receive charitable assets pursuant to subsection  g. of this section shall be subject to review and approval by the Attorney General. The governance of any existing charitable organization that is to receive charitable assets pursuant to subsection g. of this section shall be subject to review by the Attorney General.  The governance of the charitable trust or the charitable organization shall be broadly based, and neither the trust or organization nor any officer, director, or senior manager of the trust or organization shall be affiliated with the acquiring entity and no officer, director, or senior manager of the trust or organization shall be a full-time employee of State government.  No officer, director, or senior manager of the trust or organization shall have been a director, officer, agent, trustee, or employee of the nonprofit hospital during the three years immediately preceding the effective date of the acquisition, unless that person can demonstrate to the satisfaction of the Attorney General that the person's assumption of the position of officer, director, or senior manager of the trust or organization would not constitute a breach of fiduciary duty or other conflict of interest.

     (2)   The governing body of the charitable trust or organization shall establish or demonstrate that it has in place, as the case may be, a mechanism to avoid conflicts of interest and to prohibit grants that benefit the board of directors and management of the acquiring entity or its affiliates or subsidiaries.

     (3)   The governing body of the charitable trust or organization shall provide the Attorney General with an annual report which shall include an audited financial statement and a detailed description of its grant-making and other charitable activities related to its use of the charitable assets received pursuant to this act.  The annual report shall be made available to the public at both the Attorney General's office and the office of the charitable trust or organization.  Nothing contained in this act shall affect the obligations of an entity possessing endowment funds under P.L.1975, c.26 (C.15:18-15 et seq.).

     i.      (1) The entity acquiring the nonprofit hospital, if determined to be necessary by the Commissioner of Health [and Senior Services], shall provide funds, in an amount determined by the Commissioner of Health [and Senior Services], for the hiring by the Department of Health [and Senior Services] of an independent health care access monitor to monitor and report quarterly to the Department of Health [and Senior Services] on community health care access by the entity, including levels of uncompensated care for indigent persons provided by the entity.  The funding shall be provided for three years after the date of the acquisition.  The entity acquiring the hospital shall provide the monitor with appropriate access to the entity's records in order to enable the monitor to fulfill this function.

     To prevent the duplication of any information already reported by the entity, the monitor shall, to the extent possible, utilize data already provided by the entity to the Department of Health [and Senior Services].

     No personal identifiers shall be attached to any of the records obtained by the monitor, and all such records shall be subject to the privacy and confidentiality provisions of medical records provided by law.

     (2)   Following the monitoring period, or in the event that no monitoring period is established, if the Commissioner of Health [and Senior Services] receives information indicating that the acquiring entity is not fulfilling its commitment to the affected service area pursuant to this act and determines that the information is true, [he] the commissioner shall order the acquiring entity to comply with a corrective action plan. The commissioner shall retain oversight of the acquiring entity's obligations under the corrective action plan for as long as necessary to ensure compliance with this act.

     j.     The trustees and senior managers of the nonprofit hospital are prohibited from investing in the acquiring entity for a period of three years following the acquisition.

     k.    No director, officer, agent, trustee, or employee of the nonprofit hospital shall benefit directly or indirectly from the acquisition, including the receipt of any compensation directly related to the proposed acquisition.

     l.      Upon completion by the Attorney General of the review of the application required by this act, the nonprofit hospital shall apply to the Superior Court for approval of the proposed acquisition.  In that proceeding, the Attorney General shall advise the court as to whether [he] the Attorney General supports or opposes the proposed acquisition, with or without any specific modifications, and the basis for that position.  Any person who filed a written comment or exhibit or appeared and made a statement in the public hearing held by the Attorney General pursuant to subsection f. of this section shall be considered a party to the proceeding, including consumers or community groups representing the citizens of the State.

     m.    Notwithstanding the provisions of subsections a. and f. of this section to the contrary, in the event that the Attorney General or the Commissioner of Health [and Senior Services] determines that a proposed acquisition should be considered on an expedited basis in order to preserve the quality of health care provided to the community, the Attorney General and the commissioner may combine the public notice about the acquisition with the notice for a public hearing as required in subsections a. and f., respectively, and may reduce the period of time required for notice, as necessary.  In considering a proposed acquisition on an expedited basis, the Attorney General and commissioner may agree to reduce the period of time for review of a completed application to less than 90 days.

     n.     The Attorney General, in consultation with the Commissioner of Health [and Senior Services], shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410, (C.52:14B-1 et seq.) to carry out the purposes of this act.

(cf: P.L.2000, c.143, s.2)

 

     174.  Section 5 of P.L.2000, c.143 (C.26:2H-7.14) is amended to read as follows:

     5.    Nothing in this act shall be construed to limit the existing authority of the Attorney General, the Commissioner of Health [and Senior Services], or any other government official or entity or the court to review, approve or disapprove conditions related to an acquisition, transaction, or disposition under current law.

(cf: P.L.2000, c.143, s.5)

 

     175.  Section 1 of P.L.1002, c.25 (C.26:2H-7.15) is amended to read as follows:

     1.    As used in this act:

     "Assisted living" means a coordinated array of supportive personal and health services, available 24 hours per day, which promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity, and homelike surroundings to residents who have been assessed to need these services, including residents who require formal long-term care.

     "Assisted living program" means the provision of or arrangement for meals and assisted living services, when needed, to the residents of publicly subsidized housing, which because of any federal, State, or local housing laws, rules, regulation, or requirements cannot become licensed as an assisted living residence.

     "Assisted living residence" means a facility licensed by the Department of Health [and Senior Services] to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor. Apartment units shall offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.

     "Commissioner" means the Commissioner of Health [and Senior Services].

(cf: P.L.2002, c.25, s.1)

 

     176.  Section 8 of P.L.2002, c.25 (C.26:2H-7.21) is amended to read as follows:

     8.    The Commissioner of Health [and Senior Services], 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.

(cf:  P.L.2002, c.25, s.8)

 

     177.  Section 1 of P.L.1982, c.149 (C.26:2H-11.1) is amended to read as follows:

     1.    In the case of an application for a certificate of need or initial licensure, as applicable, for a narcotic and drug abuse treatment center to be located within 500 feet from any building in this State used for the instruction of children between the ages of five and 18 years, the applicant shall notify the governing body of the municipality within which [he] the applicant proposes to locate the treatment center of [his] the applicant’s intention to apply for the certificate of need or licensure and the proposed location of the center. Documentation of [such] the notice shall be filed with the certificate of need or license application.  The Commissioner of Health [and Senior Services] is hereby authorized to adopt reasonable 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.  For the purposes of this act, the definition of "narcotic and drug abuse treatment center" shall be identical to the definition in subsection (a) of section 2 of P.L.1970, c.334 (C.26:2G-22).  This act shall not apply to any [such] narcotic and drug abuse treatment center for which an application was filed prior to the effective date of this act.

(cf: P.L.1998, c.43, s.11)

 

     178.  Section 3 of P.L.1989, c.300 (C.26:2H-12.2a) is amended to read as follows:

     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 employed by or has an affiliation with the health care entity.  The health care entity shall retain the information for a period of seven years and make the records, including any information the health care entity has pertaining to records maintained on the health care professional prior to the effective date of P.L.1989, c.300 (C.45:9-19.4 et al.), available to the division, the board which licenses or otherwise authorizes the health care professional to practice, the Medical Practitioner Review Panel established pursuant to section 8 of P.L.1989, c.300 (C.45:9-19.8), and the Department of Health [and Senior Services], as applicable, upon request.

     b.    A health care entity shall maintain for a period of four years all records and source data relating to its mortality, morbidity, complication, infection, and readmission and shall make the records available to the division, the board which licenses, or otherwise authorizes the health care professional, the review panel and the Department of Health [and Senior Services], as applicable, upon request.

     c.     A health care entity which fails to maintain the records required pursuant to this section shall be subject to such penalties as the Department of Health [and Senior Services] shall determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14) and section 16 of P.L.1997, c.192 (C.26:2S-16), or the director shall determine pursuant to P.L.1989, c.331 (C.34:8-43 et seq.), as applicable.

(cf: P.L.2005, c.83, s.3)

 

     179.  Section 2 of P.L.2005, c.83 (C.26:2H-12.2b) is amended to read as follows:

     2.    a. A health care entity shall notify the division in writing if a health care professional who is employed by, under contract to render professional services to, or has privileges granted by, that health care entity, or who provides such services pursuant to an agreement with a health care services firm or staffing registry:

     (1)   for reasons relating to the health care professional's impairment, incompetency, or professional misconduct, which incompetency or professional misconduct relates adversely to patient care or safety: (a) has full or partial privileges summarily or temporarily revoked or suspended, or permanently reduced, suspended, or revoked; (b) has been removed from the list of eligible employees of a health services firm or staffing registry; (c) has been discharged from the staff; or (d) has had a contract to render professional services terminated or rescinded;

     (2)   has conditions or limitations placed on the exercise of clinical privileges or practice within the health care entity for reasons relating to the health care professional's impairment, incompetency, or professional misconduct or, which incompetency or professional misconduct relates adversely to patient care or safety, including, but not limited to, second opinion requirements, non-routine concurrent or retrospective review of admissions or care, non-routine supervision by one or more members of the staff, or the completion of remedial education or training;

     (3)   voluntarily resigns from the staff if: (a) the health care entity is reviewing the health care professional's patient care or reviewing whether, based upon its reasonable belief, the health care professional's conduct demonstrates an impairment or incompetence or is unprofessional, which incompetence or unprofessional conduct relates adversely to patient care or safety; or (b) the health care entity, through any member of the medical or administrative staff, has expressed an intention to do such a review;

     (4)   voluntarily relinquishes any partial privilege or authorization to perform a specific procedure if: (a) the health care entity is reviewing the health care professional's patient care or reviewing whether, based upon its reasonable belief, the health care professional's conduct demonstrates an impairment or incompetence or is unprofessional, which incompetence or unprofessional conduct relates adversely to patient care or safety; or (b) the health care entity, through any member of the medical or administrative staff, has expressed an intention to do such a review;

     (5)   while under, or subsequent to, a review by the health care entity of the health care professional's patient care or professional conduct is granted a leave of absence for reasons relating to a physical, mental, or emotional condition or drug or alcohol use which impairs the health care professional's ability to practice with reasonable skill and safety, except that no report is required for pregnancy-related leaves of absence or if the health care professional has sought assistance from a professional assistance or intervention program approved or designated by the division or a board to provide confidential oversight of the health care professional and is following the treatment regimen or monitoring as that program requires; or

     (6)   is a party to a medical malpractice liability suit, to which the health care entity is also a party, and in which there is a settlement, judgment, or arbitration award.

     As used in this subsection, incompetence, professional misconduct, and unprofessional conduct shall not include personal conduct, such as tardiness, insubordination, or other similar behavior, which does not relate to patient care or safety.

     b.    A health care entity shall notify the division in writing if it is in possession of information that indicates that a health care professional has failed to comply with a request to seek assistance from a professional assistance or intervention program approved or designated by the division or a board to provide confidential oversight of the health care professional, or has failed to follow the treatment regimen or monitoring program required by that program to assure that the health care professional's physical, mental, or emotional condition or drug or alcohol use does not impair the health care professional's ability to practice with reasonable skill and safety.

     c.     A health care entity shall notify the division in writing if any health care professional who has been the subject of a report pursuant to this section, has had conditions or limitations on the exercise of clinical privileges or practice within the health care entity altered, or privileges restored, or has resumed exercising clinical privileges that had been voluntarily relinquished.

     d.    In the case of a health care professional who is providing services at a health care entity pursuant to an agreement with a health care services firm or staffing agency and is the subject of a notice pursuant to this section, the health care entity shall, when it submits a notice to the division concerning that health care professional, provide a copy of the notice to the health care services firm or staffing agency.

     e.     The form of notification shall be prescribed by the Commissioner or Health [and Senior Services], in consultation with the Commissioner of Human Services in the case of psychiatric facilities and developmental centers, and shall contain such information as may be required by the division and shall be made within seven days of the date of the action, settlement, judgment, or award. 

     f.     A health care entity which fails to provide such notice to the division or fails to cooperate with a request for information by the division, the board or the Medical Practitioner Review Panel established pursuant to section 8 of P.L.1989, c.300 (C.45:9-19.8) shall be subject to such penalties as the Department of Health [and Senior Services] may determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14).

     g.     A health care entity, or any employee thereof, which provides information to the division, the board, the Medical Practitioner Review Panel, a health care services firm or staffing agency, or the Department of Health [and Senior Services], in good faith and without malice, regarding a health care professional pursuant to the provisions of this section or section 3 of P.L.1989, c.300 (C.26:2H-12.2a), is not liable for civil damages in any cause of action arising out of the provision or reporting of the information.

     h.     A health care entity shall provide the health care professional who is the subject of a notice pursuant to paragraphs (1), (2), (4), and (5) of subsection a. of this section and subsection c. of this section with a copy of the notice provided to the division, when the health care entity submits the notice to the division.

     i.      For the purposes of this section, section 3 of P.L.1989, c.300 (C.26:2H-12.2a) and section 15 of P.L.2005, c.83 (C.26:2H-12.2c):

     "Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety which licenses or otherwise authorizes a health care professional to practice a health care profession.

     "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

     "Health care entity" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a health maintenance organization authorized to operate pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), a carrier which offers a managed care plan regulated pursuant to P.L.1997, c.192 (C.26:2S-1 et seq.), a State or county psychiatric hospital, a State developmental center, a staffing registry, and a home care services agency as defined in section 1 of P.L.1947, c.262 (C.45:11-23).

     "Health care professional" means a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by the Director of the Division of Consumer Affairs or by one of the following boards:  the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council and the Certified Psychoanalysts Advisory Committee.  "Health care professional" also includes a nurse aide and a personal care assistant certified by the Department of Health [and Senior Services].

(cf: P.L.2005, c.83, s.2)


     180.  Section 15 of P.L.2005, c.83 (C.26:2H-12.2c) is amended to read as follows:

     15.  a. A health care entity, upon the inquiry of another health care entity, shall truthfully:

     (1)   disclose whether, within the seven years preceding the inquiry, it provided any notice to the division pursuant to section 2 of P.L.2005, c.83 (C.26:2H-12.2b), or to the review panel, as required by section 3 of P.L.1989, c.300 (C.26:2H-12.2a), with respect to the health care professional about whom the inquiry has been made, providing a copy of the form of notification and any supporting documentation that was provided to the division, a professional or occupational licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety, or the review panel; and

     (2)   provide information about a current or former employee's job performance as it relates to patient care, as provided in this section, and, in the case of a former employee, the reason for the employee's separation.

     b.    For the purposes of this section, "job performance" shall relate to the suitability of the employee for re-employment at a health care entity, and the employee's skills and abilities as they relate to suitability for future employment at a health care entity.  Information about a current or former employee's job performance pursuant to this paragraph shall be based on the employee's performance evaluation, and provided to another health care entity only if: (1) the evaluation has been signed by the evaluator and shared with the employee; (2) the employee has had the opportunity to respond; and (3) the employee's response, if any, has been taken into consideration when providing the information to another health care entity.

     Job performance as it relates to patient care shall not include the current or former employee's participation in labor activities pursuant to the "National Labor Relations Act," 29 U.S.C. s.151 et seq.

     c.     A health care entity, or any employee designated by the entity, which, pursuant to this section, provides information in good faith and without malice to another health care entity concerning a health care professional, including information about a current or former employee's job performance as it relates to patient care, is not liable for civil damages in any cause of action arising out of the provision or reporting of the information.

     d.    A health care entity which fails to truthfully disclose information to another health care entity making an inquiry pursuant to this section or fails to cooperate with such request for information by the other health care entity shall be subject to such penalties as the Department of Health [and Senior Services] may determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14) and section 16 of P.L.1997, c.192 (C.26:2S-16), or the director shall determine pursuant to P.L.1989, c.331 (C.34:8-43 et seq.), as applicable.

(cf: P.L.2005, c.83, s.15)

 

     181.  Section 1 of P.L.1998, c.136 (C.26:2H-12.6a) is amended to read as follows:

     1.    a. The Department of Children and Families, in consultation with the Department of Health [and Senior Services], shall prepare a resource guide in both English and Spanish which provides information on child abuse and neglect to all parents of newborn infants born in this State.  The resource guide shall be distributed to each parent present during the infant's birth, by the personnel at a hospital or birthing facility, prior to the mother's discharge, as part of the hospital or birthing facility's discharge procedures.

     b.    The resource guide shall include information on the signs of child abuse and neglect, the services provided by the State which help in preventing child abuse and neglect, including the availability of home visitation resources, the legal ramifications of abusing or neglecting a child, and tips on child safety.

     c.     The department shall distribute the resource guide, at no charge, to all the hospitals and birthing facilities in the State.  The department shall update the resource guide as necessary, and shall make additional copies of the resource guide available to health care providers upon request.

     d.    In addition to the resource guide prepared pursuant to subsection a. of this section, the department, in consultation with the Department of Health [and Senior Services], shall prepare a pamphlet in both English and Spanish that includes information on the prevention of shaken baby syndrome and detailed suggestions for how to cope with a crying baby.  The pamphlet shall be distributed to each parent present during the infant's birth, by the personnel at a hospital or birthing facility, prior to the mother's discharge, as part of the hospital or birthing facility's discharge procedures.  The department shall:  distribute the pamphlet, at no charge, to all hospitals and birthing facilities in the State; update the pamphlet as necessary; and make additional copies of the pamphlet available to health care providers upon request.

(cf: P.L.2010, c.67, s.1)

 

     182.  Section 1 of P.L.2005, c.50 (C.26:2H-12.6b) is amended to read as follows:

     1.    As used in this act:

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Division on Women" means the Division on Women in the Department of Community Affairs.

     "Emergency care to sexual assault victims" means a medical examination, procedure, or service provided by an emergency health care facility to a sexual assault victim following an alleged sexual offense.

     "Emergency contraception" means one or more prescription drugs to prevent pregnancy, used separately or in combination, administered to or self-administered by a patient within a medically recommended time after sexual intercourse, dispensed for that purpose in accordance with professional standards of practice and determined to be safe by the United States Food and Drug Administration.

     "Emergency health care facility" means a general hospital or satellite emergency department licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     "Medically and factually accurate and objective" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and standards, published in peer-reviewed journals and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field of obstetrics and gynecology.

     "Sexual Assault Nurse Examiner program" means the Statewide Sexual Assault Nurse Examiner program in the Division of Criminal Justice in the Department of Law and Public Safety, established pursuant to P.L.2001, c.81 (C.52:4B-50 et seq.).

     "Sexual assault victim" means a female who alleges or is alleged to have suffered a personal, physical, or psychological injury as a result of a sexual offense.

     "Sexual offense" means sexual assault and aggravated sexual assault as set forth in N.J.S.2C:14-2, criminal sexual contact and aggravated criminal sexual contact as set forth in N.J.S.2C:14-3, fourth degree lewdness as set forth in subsection b. of N.J.S.2C:14-4 and endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child as set forth in N.J.S.2C:24-4.

(cf: P.L.2005, c.50, s.1)

 

     183.  Section 2 of P.L.1989, c.170 (C.26:2H-12.8) is amended to read as follows:

     2.    Every person admitted to a general hospital as licensed by the [State] Department of Health [and Senior Services] 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 nursing and medical practices, which shall include being informed of the name and licensure status of a student nurse or facility staff member who examines, observes, or treats the patient and the right to expect and receive appropriate assessment, management, and treatment of pain as an integral component of that person's care;

     b.    To be informed of the name of the physician responsible for coordinating his care;

     c.     To obtain from the physician complete, current information concerning his diagnosis, treatment, and prognosis in terms he can reasonably be expected to understand.  When it is not medically advisable to give this information to the patient, it shall be made available to another person designated by the patient on his behalf;

     d.    To receive from the physician information necessary to give informed consent prior to the start of any procedure or treatment and which, except for those emergency situations not requiring an informed consent, shall include as a minimum the specific procedure or treatment, the medically significant risks involved, and the possible duration of incapacitation, if any, as well as an explanation of the significance of the patient's informed consent.  The patient shall be advised of any medically significant alternatives for care or treatment, however, this does not include experimental treatments that are not yet accepted by the medical establishment;

     e.     To refuse treatment to the extent permitted by law and to be informed of the medical consequences of this act;

     f.     To privacy to the extent consistent with providing adequate medical care to the patient.  This shall not preclude discussion of a patient's case or examination of a patient by appropriate health care personnel;

     g.     To privacy and confidentiality of all records pertaining to [his] the patient’s treatment, except as otherwise provided by law or third party payment contract, and to access to those records, including receipt of a copy thereof at reasonable cost, upon request, unless [his] the patient’s physician states in writing that access by the patient is not medically advisable;

     h.     To expect that within its capacity, the hospital will make reasonable response to [his] the patient’s request for services, including the services of an interpreter in a language other than English if 10% or more of the population in the hospital's service area speaks that language;

     i.      To be informed by [his] the patient’s physician of any continuing health care requirements which may follow discharge and to receive assistance from the physician and appropriate hospital staff in arranging for required follow-up care after discharge;

     j.     To be informed by the hospital of the necessity of transfer to another facility prior to the transfer and of any alternatives to it which may exist, which transfer shall not be effected unless it is determined by the physician to be medically necessary;

     k.    To be informed, upon request, of other health care and educational institutions that the hospital has authorized to participate in his treatment;

     l.      To be advised if the hospital proposes to engage in or perform human research or experimentation and to refuse to participate in these projects. For the purposes of this subsection "human research" does not include the mere collecting of statistical data;

     m.    To examine and receive an explanation of [his] the patient’s bill, regardless of source of payment, and to receive information or be advised on the availability of sources of financial assistance to help pay for the patient's care, as necessary;

     n.     To expect reasonable continuity of care;

     o.    To be advised of the hospital rules and regulations that apply to his conduct as a patient;

     p.    To treatment without discrimination as to race, age, religion, sex, national origin, or source of payment; and

     q.    To contract directly with a New Jersey licensed registered professional nurse of the patient's choosing for private professional nursing care during his hospitalization.  A registered professional nurse so contracted shall adhere to hospital policies and procedures in regard to treatment protocols and policies and procedures so long as those policies and procedures are the same for private duty and regularly employed nurses.  The registered professional nurse shall not be considered an agent or employee of the hospital for purposes of any financial liabilities, including, but not limited to, State or federal employee taxes, worker's compensation payments or coverage for professional liability.

     The hospital, upon a patient's or [his] the patient’s designee's request for private professional nursing care, shall provide the patient or [his] the patient’s designee with a list of local nonprofit professional nurses association registries that refer nurses for private professional nursing care.

(cf: P.L.2000, c.65, s.1)

 

     184.  Section 14 of P.L.1999, c.154 (C.26:2H-12.12) is amended to read as follows:

     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.17B:30-23), a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) is responsible for filing all claims for third party payment, including claims filed on behalf of the health care facility's patient for any health care service provided by the health care facility that is eligible for third party payment, except that at the patient's option, the patient may file the claim for third party payment.

     a.     In the case of a claim filed on behalf of the health care facility's patient, the health care facility shall file the claim within 60 days of the last date of service for a course of treatment, on the standard claim form adopted by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23).

     b.    In the case of a claim in which the patient has assigned [his] the patient’s benefits to the health care facility, the health care facility shall file the claim within 180 days of the last date of service for a course of treatment, on the standard claim form adopted by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23).  If the health care facility does not file the claim within 180 days of the last date of service for a course of treatment, the third party payer shall reserve the right to deny payment of the claim, in accordance with regulations established by the Commissioner of Banking and Insurance, and the health care facility shall be prohibited from seeking any payment directly from the patient.

     (1)   In establishing the standards for denial of payment, the Commissioner of Banking and Insurance shall consider the length of delay in filing the claim, the good faith use of information provided by the patient to the health care facility with respect to the identity of the patient's third party payer, delays in filing a claim related to coordination of benefits between third party payers and any other factors the commissioner deems appropriate, and, accordingly, shall define specific instances where the sanctions permitted pursuant to this subsection shall not apply.

     (2)   A health care facility which fails to file a claim within 180 days and whose claim for payment has been denied by the third party payer in accordance with this subsection may, in the discretion of a judge of the Superior Court, be permitted to refile the claim if the third party payer has not been substantially prejudiced thereby.  Application to the court for permission to refile a claim shall be made within 14 days of notification of denial of payment and shall be made upon motion based upon affidavits showing sufficient reasons for the failure to file the claim with the third party payer within 180 days.

     c.     The provisions of this section shall not apply to any claims filed pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.).

     d.    A health care facility which violates the provisions of subsection a. of this section may be subject to a civil penalty of $250 for each violation plus $50 for each day after the 60th day that the health care facility fails to submit a claim.  The penalty shall be sued for and collected by the Department of Health [and Senior Services] pursuant to ["the penalty enforcement law," N.J.S.2A:58-1 et seq.] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: PL.1999, c.154, s.14)

 

     185.  Section 3 of P.L.1999, c.362 (C.26:2H-12.13) is amended to read as follows:

     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 receives a Consumer Confidence Report from the owner or operator of a public community water system, shall post each Consumer Confidence Report it prepares or receives in the area of each major entrance and in each admitting room in the hospital.

     b.    The owner or operator of a general hospital who is a supplier of water but is not required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," and who is required to conduct tests of its drinking water by the Department of Environmental Protection, shall post a chart setting forth the results of the water tests, including the level of detection and, as appropriate for each contaminant, the maximum contaminant level, highest level allowed, action level, treatment technique, or other expression of an acceptable level, for each contaminant, in the area of each major entrance and in each admitting room in the general hospital.  The chart also shall include in bold print the statement required to be included in a Consumer Confidence Report pursuant to 40 CFR s.141.154(a).  The chart shall not include contaminants that are not detected.

     c.     As used in this section, "general hospital" shall mean any general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     d.    The provisions of this section shall be enforced by the Department of Health [and Senior Services]. The Department of Health [and Senior Services] shall not be required to conduct on-site inspections to determine compliance with this section more frequently than any on-site inspections of general hospitals are conducted by the department pursuant to any other law.

(cf: P.L.1999, c.362, s.3)

 

     186.  Section 4 of P.L.1999, c.362 (C.26:2H-12.14) is amended to read as follows:

     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 Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996,"42 U.S.C.s.300f et al., or who receives a Consumer Confidence Report from the owner or operator of a public community water system, shall post each Consumer Confidence Report it prepares or receives in at least one conspicuous location in the rehabilitation center, extended care facility, skilled nursing home, or nursing home.

     b.    The owner or operator of a rehabilitation center, extended care facility, skilled nursing home, or nursing home who is a supplier of water but is not required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," and who is required to conduct tests of its drinking water by the Department of Environmental Protection, shall post a chart setting forth the results of the water tests, including the level of detection and, as appropriate for each contaminant, the maximum contaminant level, highest level allowed, action level, treatment technique, or other expression of an acceptable level, for each contaminant, in at least one conspicuous location in the rehabilitation center, extended care facility, skilled nursing home, or nursing home. The chart also shall include in bold print the statement required to be included in a Consumer Confidence Report pursuant to 40 CFR s.141.154(a). The chart shall not include contaminants that are not detected.

     c.     As used in this section, "rehabilitation center," "extended care facility," "skilled nursing home," and "nursing home" shall mean a rehabilitation center, extended care facility, skilled nursing home, or nursing home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     d.    The provisions of this section shall be enforced by the Department of Health [and Senior Services].  The Department of Health [and Senior Services] shall not be required to conduct on-site inspections to determine compliance with this section more frequently than any on-site inspections of rehabilitation centers, extended care facilities, skilled nursing homes, or nursing homes are conducted by the department pursuant to any other law.

(cf: P.L.1999, c.362, s.4)

 

     187.  Section 2 of P.L.1999, c.436 (C.26:2H-12.15) is amended to read as follows:

     2.    a. The Commissioner of Health [and Senior Services], 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 care facilities, in consultation with at least the following: the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, the New Jersey Hospital Association, the New Jersey Association of Health Care Facilities, the Medical Society of New Jersey, and the New Jersey State Nurses Association.

     As used in this section, "unlicensed assistive personnel" means any unlicensed or uncertified personnel employed by a licensed health care facility that perform nursing tasks which do not require the skill or judgment of a registered professional nurse and which are assigned to them by, and carried out under the supervision of, a registered professional nurse.

     b.    The regulations adopted pursuant to subsection a. of this section, shall require, at a minimum, that:

     (1)   unlicensed assistive personnel employed by a health care facility meet the standards and requirements for education and competency evaluation prescribed by the New Jersey Board of Nursing pursuant to paragraph (26) of subsection d. of section 2 of P.L.1947, c.262 (C.45:11-24); and

     (2)   a health care facility, prior to implementing the use of unlicensed assistive personnel, establish a multidisciplinary committee, including representation from registered professional nurses, physicians, administrative staff, and unlicensed assistive personnel, to evaluate the need for using these personnel, formulate and adopt a plan to implement their use, and monitor the implementation of the plan.

     c.     The plan for implementing the use of unlicensed assistive personnel pursuant to paragraph (2) of subsection b. of this section shall, at a minimum:

     (1)   require the use and specify the composition of multidisciplinary patient care teams operating under the plan;

     (2)   prescribe materials and protocols for the orientation and training of health care facility staff with respect to implementing the plan;

     (3)   provide for the periodic monitoring and evaluation of the use of unlicensed assistive personnel by the multidisciplinary committee established pursuant to subsection b. of this section; and

     (4)   require in-service training and educational programming for both registered professional nurses and unlicensed assistive personnel which include subject matter relating to the delegation of nursing tasks to unlicensed assistive personnel and the supervision of these personnel by registered professional nurses.

(cf: P.L.1999, c.436, s.2)

 

     188.  Section 2 of P.L.2001, c.234 (C.26:2H-12.17) is amended to read as follows:

     2.    The Commissioner of Health [and Senior Services] may waive the 10% utilization requirement or reduce the required percentage by regulation for specific regions of the State or Statewide if [he] the commissioner determines that sufficient numbers of assisted living beds are available in the State to meet the needs of Medicaid-eligible persons within the limits of the federal waiver to provide assisted living services through the Medicaid program.

(cf: P.L.2001, c.234, s.2)

 

     189.  Section 6 of P.L.2001, c.234 (C.26:2H-12.21) is amended to read as follows:

     6.    The Commissioner of Health [and Senior Services] 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.

(cf: P.L.2001, c.234, s.6)

 

     190.  Section 3 of P.L.2004, c.9 (C.26:2H-12.25) is amended to read as follows:

     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 not have been preventable.

     "Anonymous" means that information is presented in a form and manner that prevents the identification of the person filing the report.

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Department" means the Department of Health [and Senior Services].

     "Event" means a discrete, auditable, and clearly defined occurrence.

     "Health care facility" or "facility" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) and a State psychiatric hospital operated by the Department of Human Services and listed in R.S.30:1-7.

     "Health care professional" means an individual who, acting within the scope of [his] the individual’s licensure or certification, provides health care services, and includes, but is not limited to, a physician, dentist, nurse, pharmacist, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.

     "Near-miss" means an occurrence that could have resulted in an averse event but the adverse event was prevented.

     "Preventable event" means an event that could have been anticipated and prepared against, but occurs because of an error or other system failure.

     "Serious preventable adverse event" means an adverse event that is a preventable event and results in death or loss of a body part, or disability or loss of bodily function lasting more than seven days or still present at the time of discharge from a health care facility.

     b.    In accordance with the requirements established by the commissioner by regulation, pursuant to this act, a health care facility shall develop and implement a patient safety plan for the purpose of improving the health and safety of patients at the facility.

     The patient safety plan shall, at a minimum, include:

     (1)   a patient safety committee, as prescribed by regulation;

     (2)   a process for teams of facility staff, which teams are comprised of personnel who are representative of the facility's various disciplines and have appropriate competencies, to conduct ongoing analysis and application of evidence-based patient safety practices in order to reduce the probability of adverse events resulting from exposure to the health care system across a range of diseases and procedures;

     (3)   a process for teams of facility staff, which teams are comprised of personnel who are representative of the facility's various disciplines and have appropriate competencies, to conduct analyses of near-misses, with particular attention to serious preventable adverse events and adverse events; and

     (4)   a process for the provision of ongoing patient safety training for facility personnel.

     The provisions of this subsection shall not be construed to eliminate or lessen a hospital's obligation under current law or regulation to have a continuous quality improvement program.

     c.     A health care facility shall report to the department or, in the case of a State psychiatric hospital, to the Department of Human Services, in a form and manner established by the commissioner, every serious preventable adverse event that occurs in that facility. 

     d.    A health care facility shall assure that the patient affected by a serious preventable adverse event or an adverse event specifically related to an allergic reaction, or, in the case of a minor or a patient who is incapacitated,  the patient's parent or guardian or other family member, as appropriate, is informed of the serious preventable adverse event or adverse event specifically related to an allergic reaction, no later than the end of the episode of care, or, if discovery occurs after the end of the episode of care, in a timely fashion as established by the commissioner by regulation. The time, date, participants, and content of the notification shall be documented in the patient's medical record in accordance with rules and regulations adopted by the commissioner. The content of the documentation shall be determined in accordance with the rules and regulations of the commissioner.  If the patient's physician determines that the disclosure would seriously and adversely affect the patient's health, then the facility shall assure that the family member, if available, is notified in accordance with rules and regulations adopted by the commissioner.  In the event that an adult patient is not informed of the serious preventable adverse event or adverse event specifically related to an allergic reaction, the facility shall assure that the physician includes a statement in the patient's medical record that provides the reason for not informing the patient pursuant to this section.

     e.     (1)  A health care professional or other employee of a health care facility is encouraged to make anonymous reports to the department or, in the case of a State psychiatric hospital, to the Department of Human Services, in a form and manner established by the commissioner, regarding near-misses, preventable events, and adverse events that are otherwise not subject to mandatory reporting pursuant to subsection c. of this section.

     (2)   The commissioner shall establish procedures for and a system to collect, store, and analyze information voluntarily reported to the department pursuant to this subsection.  The repository shall function as a clearinghouse for trend analysis of the information collected pursuant to this subsection.

     f.     Any documents, materials, or information received by the department, or the Department of Human Services, as applicable, pursuant to the provisions of subsections c. and e. of this section concerning serious preventable adverse events, near-misses, preventable events, and adverse events that are otherwise not subject to mandatory reporting pursuant to subsection c. of this section, shall not be:

     (1)   subject to discovery or admissible as evidence or otherwise disclosed in any civil, criminal, or administrative action or proceeding;

     (2)   considered a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.); or

     (3)   used in an adverse employment action or in the evaluation of decisions made in relation to accreditation, certification, credentialing, or licensing of an individual, which is based on the individual's participation in the development, collection, reporting or storage of information in accordance with this section. The provisions of this paragraph shall not be construed to limit a health care facility from taking disciplinary action against a health care professional in a case in which the professional has displayed recklessness, gross negligence, or willful misconduct, or in which there is evidence, based on other similar cases known to the facility, of a pattern of significant substandard performance that resulted in serious preventable adverse events.

     The information received by the department, or the Department of Human Services, as applicable, shall be shared with the Attorney General in accordance with rules and regulations adopted pursuant to subsection j. of this section, and may be used by the department, the Department of Human Services, and the Attorney General for the purposes of this act and for oversight of facilities and health care professionals; however, the departments and the Attorney General shall not use the information for any other purpose.

     In using the information to exercise oversight, the department, Department of Human Services, and Attorney General, as applicable, shall place primary emphasis on assuring effective corrective action by the facility or health care professional, reserving punitive enforcement or disciplinary action for those cases in which the facility or the professional has displayed recklessness, gross negligence, or willful  misconduct, or in which there is evidence, based on other similar cases known to the department, Department of Human Services or the Attorney General, of a pattern of significant substandard performance that has the potential for or actually results in harm to patients.

     g.     Any documents, materials, or information developed by a health care facility as part of a process of self-critical analysis conducted pursuant to subsection b. of this section concerning preventable events, near-misses, and adverse events, including serious preventable adverse events, and any document or oral statement that constitutes the disclosure provided to a patient or the patient's  family member or guardian pursuant to subsection d. of this section, shall not be:

     (1)   subject to discovery or admissible as evidence or otherwise disclosed in any civil, criminal, or administrative action or proceeding; or

     (2)   used in an adverse employment action or in the evaluation of decisions made in relation to accreditation, certification, credentialing, or licensing of an individual, which is based on the individual's participation in the development, collection, reporting, or storage of information in accordance with subsection b. of this section.  The provisions of this paragraph shall not be construed to limit a health care facility from taking disciplinary action against a health care professional in a case in which the professional has displayed recklessness, gross negligence or [wilful] willful misconduct, or in which there is evidence, based on other similar cases known to the facility, of a pattern of significant substandard performance that resulted in serious preventable adverse events.

     h.     Notwithstanding the fact that documents, materials, or information may have been considered in the process of self-critical analysis conducted pursuant to subsection b. of this section, or received by the department or the Department of Human Services pursuant to the provisions of subsection c. or e. of this section, the provisions of this act shall not be construed to increase or decrease, in any way, the availability, discoverability, admissibility, or use of any such documents, materials, or information if obtained from any source or context other than those specified in this act.

     i.      The investigative and disciplinary powers conferred on the boards and commissions established pursuant to Title 45 of the Revised Statutes, the Director of the Division of Consumer Affairs in the Department of Law and Public Safety and the Attorney General under the provisions of P.L.1978, c.73 (C.45:1-14 et seq.) or any other law, rule, or regulation, as well as the investigative and enforcement powers conferred on the department and the commissioner under the provisions of Title 26 of the Revised Statutes or any other law, rule or regulation, shall not be exercised in such a manner so as to unduly interfere with a health care facility's implementation of its patient safety plan established pursuant to this section. However, this act shall not be construed to otherwise affect, in any way, the exercise of such investigative, disciplinary, and enforcement powers.

     j.     The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such  rules and regulations necessary to carry out the provisions of this act.  The regulations shall establish: criteria for a health care facility's patient safety plan and patient safety committee; the time frame and format for mandatory reporting of serious preventable adverse events at a health care facility; the types of events that qualify as serious preventable adverse events and adverse events specifically related to an allergic reaction; the circumstances under which a health care facility is not required to inform a patient or the patient's family about a serious preventable adverse event or adverse event specifically related to an allergic reaction; and a system for the sharing of information received by the department and the Department of Human Services pursuant to subsections c. and e. of this section with the Attorney General.  In establishing the criteria for reporting serious preventable adverse events, the commissioner shall, to the extent feasible, use criteria for these events that have been or are developed by organizations engaged in the development of nationally recognized standards.

     The commissioner shall consult with the Commissioner of Human Services with respect to rules and regulations affecting the State psychiatric hospitals and with the Attorney General with respect to rules and regulations regarding the establishment of a system for the sharing of information received by the department and the Department of Human Services pursuant to subsections c. and e. of this section with the Attorney General.

     k.    Nothing in this act shall be construed to increase or decrease the discoverability, in accordance with Christy v. Salem, No. A-6448-02T3 (Superior Court of New Jersey, Appellate Division, February 17, 2004)(2004 WL291160), of any documents, materials or information if obtained from any source or context other than those specified in this act.

(cf: P.L.2004, c.9, s.3)

 

     191.  Section 8 of P.L.2007, c.196 (C.26:2H-12.25a) is amended to read as follows:

     8.    The Commissioner of Health [and Senior Services] 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 information reported to the commissioners pursuant to the "Patient Safety Act," P.L.2004, c.9 (C.26:2H-12.23 et seq.).

     The commissioners shall jointly issue an annual report of their findings and recommendations to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to be made available on the official Internet website of the Department of Health [and Senior Services].

(cf: P.L.2007, c.196, s.8)

 

     192.  Section 1 of P.L.2009, c.122 (C.26:2H-12.25b) is amended to read as follows: 

     1.    a.  The Department of Health [and Senior Services] shall include in the New Jersey Hospital Performance Report issued annually by the department hospital-specific data from hospital procedure and diagnosis codes concerning the following patient safety indicators:

     (1)   Foreign body left during procedure (PSI 05);

     (2)   Iatrogenic pneumothorax (PSI 06);

     (3)   Postoperative hip fracture (PSI 08);

     (4)   Postoperative hemorrhage or hematoma (PSI 09);

     (5)   Postoperative deep vein thrombosis (DVT) or pulmonary embolism (PE) (PSI 12);

     (6)   Postoperative sepsis (PSI 13);

     (7)   Postoperative wound dehiscence (PSI 14);

     (8)   Accidental puncture or laceration (PSI 15);

     (9)   Transfusion reaction (PSI 16);

     (10) Birth trauma (PSI 17);

     (11) Obstetric trauma-vaginal delivery with instrument (PSI 18);

     (12) Obstetric trauma-vaginal delivery without instrument (PSI 19);

     (13) Air embolism; and

     (14) Surgery on the wrong side, wrong body part, or wrong person, or wrong surgery performed on a patient.

     b.    The Commissioner of Health [and Senior Services], in consultation with the Quality Improvement Advisory Committee in the Department of Health [and Senior Services], may include additional patient safety indicators in the annual report, by regulation.  The commissioner shall consider indicators that: (1) are recommended by the federal Agency for Healthcare Research and Quality or the Centers for Medicare [and] & Medicaid Services; (2) are suitable for comparative reporting and public accountability, and are risk adjusted; (3) have a strong evidence base with no substantial evidence against their use for comparative reporting; and (4) can be measured through data that are available through hospital procedure and diagnosis codes.

     c.     The commissioner shall request the Quality Improvement Advisory Committee to study and make recommendations to the commissioner on how to expand public reporting by the department of patient pressure ulcers, patient infections due to hospital care, and falls by patients in general hospitals.

     d.    The commissioner shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as the commissioner deems necessary to carry out the provisions of this act.

(cf: P.L.2009, c.122, s.1)

 

     193.  Section 2 of P.L.2004, c.136 (C.26:2H-12.28) is amended to read as follows:

     2.    The Commissioner of Health [and Senior Services] shall designate hospitals that meet the criteria set forth in this act as primary or comprehensive stroke centers.

     a.     A hospital shall apply to the commissioner for designation and shall demonstrate to the satisfaction of the commissioner that the hospital meets the criteria set forth in section 3 or 4 of this act for a primary or comprehensive stroke center, respectively.

     b.    The commissioner shall designate as many hospitals as primary stroke centers as apply for the designation, provided that the hospital meets the criteria set forth in section 3 of this act.  In addition to the criteria set forth in section 3 of this act, the commissioner is encouraged to take into consideration whether the hospital contracts with carriers that provide coverage through the State Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.)[, the Children's Health Care Coverage Program, established pursuant to P.L.1997, c.272 (C.30:4I-1 et seq.),] and the NJ FamilyCare [Health Coverage] Program, established pursuant to [P.L.2000, c.71 (C.30:4J-1 et seq.)] P.L.2005, c.156 (C.30:4J-8 et al.).

     c.     The commissioner shall designate as many hospitals as comprehensive stroke centers as apply for the designation, provided that the hospital meets the criteria set forth in section 4 of this act.

     d.    The commissioner may suspend or revoke a hospital's designation as a stroke center, after notice and hearing, if the commissioner determines that the hospital is not in compliance with the requirements of this act.

(cf: P.L.2004, c.136, s.2)

 

     194.  Section 4 of P.L.2004, c.136 (C.26:2H-12.30) is amended to read as follows:

     4.    A hospital designated as a comprehensive stroke center shall use proven state-of-the-art technology and medical techniques and, at a minimum, meet the criteria set forth in this section.

     a.     The hospital shall meet all of the criteria required for a primary stroke center pursuant to section 3 of this act.

     b.    With respect to patient care, the hospital shall:

     (1)   maintain a neurosurgical team that is capable of assessing and treating complex stroke and stroke-like syndromes;

     (2)   maintain on staff a neuro-radiologist with Certificate of Added Qualifications and a physician with neuro-interventional angiographic training and skills;

     (3)   provide comprehensive rehabilitation services either on site or by transfer agreement with another health care facility; and

     (4)   enter into and maintain written transfer agreements with primary stroke centers to accept transfer of patients with complex strokes when clinically warranted.

     c.     With respect to support services, the hospital shall:

     (1)   have magnetic resonance imaging and computed tomography angiography capabilities;

     (2)   have digital subtraction angiography and a suite equipped for neuro-interventional procedures;

     (3)   develop and maintain sophisticated outcomes assessment and performance improvement capability that incorporates data from affiliated primary stroke centers and integrates regional, State, and national data;

     (4)   provide guidance and continuing medical education to primary stroke centers;

     (5)   provide graduate medical education in stroke; and

     (6)   conduct research on stroke-related topics.

     d.    If the Commissioner of Health [and Senior Services] determines that a new drug, device, technique, or technology has become available for the treatment of stroke that provides a diagnostic or therapeutic advantage over existing elements included in the criteria established in this section or in section 3 of this act, the commissioner may, by regulation, revise or update the criteria accordingly.

(cf: P.L.2004, c.136, s.4.)

 

     195.  Section 5 of P.L.2004, c.136 (C.26:2H-12.31) is amended to read as follows:

     5.    a. In order to encourage and ensure the establishment of stroke centers throughout the State, the Commissioner of Health [and Senior Services] shall award matching grants to hospitals that seek designation as stroke centers and demonstrate a need for financial assistance to develop the necessary infrastructure, including personnel and equipment, in order to satisfy the criteria for designation provided pursuant to this act. The matching grants shall not exceed $250,000 or 50% of the hospital's cost for developing the necessary infrastructure, whichever is less.

     b.    A hospital seeking designation as a stroke center shall apply to the commissioner for a matching grant, in a manner and on a form required by the commissioner, and provide such information as the commissioner deems necessary to determine if the hospital is eligible for the grant.

     c.     The commissioner may provide matching grants to as many hospitals as the commissioner deems appropriate, except that:

     (1)   Matching grant awards shall be made to at least two applicant hospitals in the northern region of this State (comprising Bergen, Hudson, Essex, Passaic, Morris, Sussex, and Warren counties), at least two applicant hospitals in the central region of this State (comprising Union, Somerset, Hunterdon, Mercer, Middlesex, and Monmouth counties) and at least two applicant hospitals in the southern region of this State (comprising Burlington, Camden, Gloucester, Salem, Cumberland, Cape May, Atlantic, and Ocean counties), provided in the case of each region that the applicant hospitals receiving the awards must be eligible therefor under the provisions of this act; and

     (2)   No more than 20% of the funds appropriated pursuant to this act shall be allocated to hospitals that seek designation as comprehensive stroke centers.

(cf: P.L.2004, c.136, s.5)


     196.  Section 6 of P.L.2004, c.136 (C.26:2H-12.32) is amended to read as follows: 

     6.    The Commissioner of Health [and Senior Services] shall, not later than September 1, 2005, prepare and submit to the Governor, the President of the Senate, and the Speaker of the General Assembly a report indicating, as of June 30, 2005, the total number of hospitals that shall have applied for grants under section 5 of this act and the number of those applicants that shall have been found to be eligible for such grants, the total number of grants awarded, the name and address of each grantee hospital and the amount of the award to each, and the amount of each award that shall have been paid to the grantee.

(cf: P.L.2004, c.136, s.6)

 

     197.  Section 1 of P.L.2007, c.65 (C.26:2H-12.33) is amended to read as follows:

     1.    a. The Department of Health [and Senior Services] shall make available to the public, through its official department website, information regarding:

     (1)   the ownership of each long-term care facility and adult day health services facility licensed by the department; and

     (2)   any violation of statutory standards or rules and regulations of the department pertaining to the care of patients or physical plant standards found at any such facility by the department.

     b.    The information made available to the public pursuant to subsection a. of this section shall be provided in a manner that would enable a member of the public to search the website by name of a facility or its owner in order to access the information.  The department shall also make the information available in writing, upon request.

     c.     The information regarding the ownership of a long-term care or adult day health services facility that is made available to the public pursuant to subsection a. of this section shall provide, at a minimum: the name of the owner of a facility as listed on the facility's license and, if there is more than one owner or the facility is owned by a corporation, the name of each person who holds at least a 10% interest in the facility; the name of any other licensed long-term care or adult day health services facility in the State owned by this owner, corporation, and each person who holds at least a 10% interest in the facility, as applicable; and the address and contact information for the facility.

     d.    The information that is displayed on the official department website pursuant to subsection a. of this section shall include Internet web links to the New Jersey Report Card for Nursing Homes maintained by the department and the Medicare Nursing Home Compare database maintained by the federal Centers for Medicare & Medicaid Services.

(cf: P.L.2007, c.65, s.1)

     198.  Section 1 of P.L.2007, c.74 (C.26:2H-12.34) is amended to read as follows:

     1.    a.  (1) As a condition of serving as a member of the board of trustees of a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), a person shall be required to complete a training program approved by the Commissioner of Health [and Senior Services] that is designed to clarify the roles and duties of a hospital trustee and is at least one day in length. 

     (2)   The training shall be completed no later than six months after the date that the person is appointed as a member of the board, except that a person who is appointed as a member of a hospital board of trustees on or after the date of enactment of this act but prior to the effective date thereof shall complete the training no later than six months after the effective date.

     (3)   A person who was appointed as a member of a hospital board of trustees prior to the date of enactment of P.L.2007, c.74 shall complete the training no later than six months after the effective date of P.L.2008, c.57.

     b.    The commissioner shall, in consultation with the New Jersey Hospital Association, the Hospital Alliance of New Jersey, and the New Jersey Council of Teaching Hospitals:

     (1)   prescribe the subject matter of the training, which shall include, but need not be limited to, a review of the types of financial, organizational, legal, regulatory, and ethical issues that a hospital trustee may be required to consider in the course of discharging the trustee's governance responsibilities;

     (2)   arrange for, or specify, the entity or entities to provide the training;

     (3)   specify the timeframe within which the training is to be completed;

     (4)   certify completion of the training for each trustee upon receipt of documentation thereof, as provided on a form and in a manner prescribed by the commissioner, or otherwise arrange for certification by the training entity; and

     (5)   take such other actions as the commissioner determines appropriate to effectuate the purposes of this act.

(cf: P.L.2008, c.57, s.1)

 

     199.  Section 2 of P.L.2007, c.120 (C.26:2H-12.36) is amended to read as follows:

     2.    a.  Within one month after the effective date of this act, all general hospitals licensed by the Department of Health [and Senior Services] pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall implement an infection prevention program in their intensive care unit or units, as applicable, and if the hospital has no intensive care unit, then in another high-risk unit such as a surgical unit, or other unit where there is significant risk of facility-acquired infections.

     Ultimately, the hospital shall expand the infection prevention program to all areas of the hospital, with the exception of an inpatient psychiatric unit, if applicable.  The expansion of the infection prevention program shall be completed as quickly as feasible, taking into account the hospital's patient population, physical plant, and other facility-specific circumstances.

     b.    In addition to any other best practices and effective strategies, the hospital shall incorporate the following strategies:

     (1)   identification and isolation of both colonized and infected patients by screening patients upon admission in order to break the chain of transmission;

     (2)   contact precautions for patients found to be MRSA positive, as "contact precautions" is defined by the Centers for Disease Control and Prevention;

     (3)   patient cultures for MRSA upon discharge or transfer from the unit where the infection prevention program has been implemented, and flagging of patients who are readmitted to the hospital;

     (4)   strict adherence to hygiene guidelines;

     (5)   a written infections prevention and control policy with input from frontline caregivers; and

     (6)   a worker education requirement regarding modes of transmission of MRSA, use of protective equipment, disinfection policies and procedures, and other preventive measures.

     c.     A general hospital shall report to the Department of Health [and Senior Services], in a manner and according to a schedule prescribed by the Commissioner of Health [and Senior Services], the number of cases of hospital-acquired MRSA that occur in its facility.

(cf: P.L.2007, c.120, s.2)

 

     200.  Section 3 of P.L.2007, c.120 (C.26:2H-12.37) is amended to read as follows:

     3.    A general hospital that is in violation of the provisions of this act shall be subject to such penalties as the Commissioner of Health [and Senior Services] may determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14). 

(cf: P.L.2007, c.20, s.3)

 

     201.  Section 2 of P.L.2007, c.196 (C.26:2H-12.40) is amended to read as follows:

     2.    The Legislature finds and declares:

     a.     Health care facility-associated infections constitute a major public health problem in this country, affecting from 5% to 10% of hospitalized patients annually, resulting in an estimated two million infections, and 90,000 deaths, and adding an estimated $4.5 to $5.7 billion in health care costs;

     b.    Many health care facility-associated infections can be prevented, and a goal of zero health care facility-associated infections is desirable.  There are many simple and effective practices in hospitals that can dramatically reduce the incidence of health care facility-associated infections, such as hand washing, using gloves and properly sterilized equipment, and following the same established best practices, every time, for procedures such as the insertion of an intravenous tube to deliver fluids and medication;

     c.     The uniform reporting of health care facility-associated infections to the State, and the review and analysis of this data by the Department of Health [and Senior Services], will provide a measurable means to assist hospitals in improving patient outcomes;

     d.    The federal Centers for Disease Control and Prevention recommends that states establishing public reporting systems for health care facility-associated infections focus on major site categories to report rates of health care facility-associated infections related to procedures and conditions including, but not limited to, urinary tract infections, surgical site infections, ventilator-associated pneumonia, and central line-related bloodstream infections.  A focus on major site categories helps ensure that data collection is concentrated in populations where health care facility-associated infections are more prevalent, and that the infection rates reported are most useful for targeting prevention practices and making comparisons among hospitals and within hospitals, over time;

     e.     The Department of Health [and Senior Services] currently provides comparative hospital performance data in its annual New Jersey Hospital Performance Report, and including information about hospital infection rates will further enhance the value of the report to the public and health care providers; and

     f.     Therefore, it is a matter of public health and fiscal policy that patients in New Jersey's hospitals receive health care that incorporates best practices in infection control, not only to protect their health and lives, but also to ensure the economic viability of New Jersey's hospitals.

(cf: P.L.2007, c.196, s.2)

 

     202.  Section 3 of P.L.2007, c.196 (C.26:2H-12.41) is amended to read as follows:

     3.    A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall be required to report quarterly to the Department of Health [and Senior Services], in a form and manner prescribed by the Commissioner of Health [and Senior Services]:

     a.     process quality indicators of hospital infection control that have been identified by the federal Centers for Medicare [and] & Medicaid Services, as selected by the commissioner in consultation with the Quality Improvement Advisory Committee within the department; and

     b.    beginning 30 days after the adoption of regulations pursuant to this act, data on infection rates for the major site categories that define health care facility-associated infection locations, multiple infections, and device-related and non-device related infections, identified by the federal Centers for Disease Control and Prevention, as selected by the commissioner in consultation with the Quality Improvement Advisory Committee within the department.

(cf: P.L.2011, c.42, s.1)

 

     203.  Section 5 of P.L.2007, c.196 (C.26:2H-12.43) is amended to read as follows:

     5.    The commissioner shall make available to members of the public, on the official Internet website of the Department of Health [and Senior Services], the information reported pursuant to this act, in such a format as the commissioner deems appropriate to enable comparison among hospitals, with respect to the information, and shall include information in the New Jersey Hospital Performance Report annually issued by the commissioner that measures the performance of general hospitals in the State with respect to process quality indicators and health care facility-associated infection among patients.

(cf: P.L.2007, c.196, s.5)

 

     204.  Section 3 of P.L.2007, c.247 (C.26:2H-12.48) is amended to read as follows:

     3.    A health care professional shall provide to each patient to whom that individual is providing prenatal care, as early as practicable in the health care professional's therapeutic relationship with the patient, preferably in the first trimester, a copy of the brochure prepared by the Division of Family Health Services in the Department of Health [and Senior Services] that may be downloaded from the website of the department, which is designed to answer common questions about umbilical cord and placental blood donation and storage, including the NMDP-affiliated public umbilical cord blood bank and private umbilical cord blood bank options and the differences between and benefits of these options.  The health care professional shall offer to discuss the information contained in the brochure with the patient.

(cf:  P.L.2007, c.247, s.3)

 

     205.  Section 2 of P.L.2008, c.59 (C.26:2H-12.51) is amended to read as follows:

     2.    The Department of Health [and Senior Services] shall post
the notice of a hospital's annual public meeting on the department's website.

(cf: P.L.2008, c.59, s.2)

 

     206.  Section 1 of P.L.2008, c.60 (C.26:2H-12.52) is amended to read as follows:

     1.    A hospital licensed by the Department of Health [and Senior Services] pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall charge a patient who is an uninsured resident of this State, and whose family gross income is less than 500% of the federal poverty level, an amount no greater than 115% of the applicable payment rate under the federal Medicare program, established pursuant to Pub.L.89-97 (42 U.S.C.s.1395 et seq.), for the health care services rendered to the patient. The amount shall be in accordance with the sliding scale based on income developed by the department pursuant to this act. 

(cf: P.L.2008, c.60, s.1)

 

     207.  Section 2 of P.L.2008, c.60 (C.26:2H-12.53) is amended to read as follows:

     2.    The Department of Health [and Senior Services] shall establish a sliding scale based on income which stipulates the percentage of a hospital charge that an uninsured resident of this State whose family gross income is less than 500% of the federal poverty level is required to pay for health care services rendered at a hospital.

(cf: P.L.2008, c.60, s.2)

 

     208.  Section 2 of P.L.2009, c.61 (C.26:2H-12.57) is amended to read as follows:

     2.    The Department of Health [and Senior Services], in consultation with the Division of Medical Assistance and Health Services in the Department of Human Services, shall prepare a written informational sheet for assisted living facilities that explains eligibility for participation in a federally approved 1915(c) Medicaid waiver program that provides assisted living services.  The informational sheets shall be available on the website of the Department of Health [and Senior Services] and shall be updated by the Department of Health [and Senior Services] as necessary to reflect a change in eligibility for the programs.

(cf: P.L.2009, c.61, s.2)

 

     209.  Section 3 of P.L.2009, c.61 (C.26:2H-12.58) is amended to read as follows:

     3.    The Department of Health [and Senior Services] shall distribute the applicable informational sheets, prepared and updated pursuant to section 2 of this act, to all licensed assisted living facilities in the State.

(cf: P.L.2009, c.61, s.3)

 

     210.  Section 1 of P.L.2010, c.61 (C.26:2H-12.59) is amended to read as follows:

     1.    a. The Commissioner of Health [and Senior Services] shall prepare an online brochure for display on the Internet website of the Department of Health [and Senior Services], based upon information derived from the National Marrow Donor Program, or NMDP, which may be downloaded by physicians and utilized by the commissioner for the purposes of subsection c. of this section, and shall be designed to inform patients of the option to become a bone marrow or peripheral blood stem cell, or PBSC, donor by registering with the NMDP and to answer common questions about bone marrow and peripheral blood stem cell, or PBSC, donation.

     b.    The brochure shall describe:

     (1)   the health benefits to the community from making a bone marrow or PBSC donation through the NMDP;

     (2)   how to register with the NMDP;

     (3)   the procedures for making a bone marrow or PBSC donation through the NMDP, including notice that there is no charge to the donor or the donor's family for making the donation;

     (4)   the circumstances and procedures by which a patient may receive a transfusion of the patient's previously donated blood; and

     (5)   any other aspects of bone marrow or PBSC donation that the commissioner deems appropriate for the purposes of this act.

     c.     The commissioner, within the limits of resources available to the Department of Health [and Senior Services] for this purpose, shall seek to promote awareness among physicians and the general public in this State about the option to become a bone marrow or PBSC donor.  In doing so, the commissioner shall consult with at least the following: the Medical Society of New Jersey, the Institute of Medicine and Public Health of New Jersey, the NMDP, and other organizations that are seeking to increase bone marrow and PBSC donation among various ethnic groups within the State in need of these donations.

(cf: P.L.2010, c.61, s.1)

 

     211.  Section 1 of P.L.2011, c.16 (C.26:2H-12.61) is amended to read as follows:

     1.    a. If a facility licensed to operate as an assisted living residence or comprehensive personal care home pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) opts to surrender its license and has promised a resident of the facility or the resident's responsible party, in writing through a resident agreement or other instrument, or through a condition of licensure or certificate of need with the Department of Health [and Senior Services], that it will not discharge a resident who becomes Medicaid-eligible, as that term is defined in section 1 of P.L.2001, c.234 (C.26:2H-12.16), the facility shall escrow sufficient funds, as determined by the Commissioner of Health [and Senior Services], to cover the cost of providing [such] a resident with care in an alternate State-licensed assisted living residence or comprehensive personal care home for as long as the resident shall require [such] care.

     b.    The facility shall cover any costs necessary to utilize [such] actuarial services as the Department of Health [and Senior Services] may require to determine the amount to be escrowed pursuant to subsection a. of this section.

     c.     In the event of a facility bankruptcy, any monies left over after all creditors have been paid shall be used, to the maximum extent practicable, to cover the cost of care provided to a resident in an alternate State-licensed assisted living residence or comprehensive personal care home pursuant to subsection a. of this section.

(cf: P.L.2011, c.16, s.1)

 

     212.  Section 7 of P.L.2007, c.225 (C.26:2H-14.14) is amended to read as follows:

     7.    A covered health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) that is in violation of the provisions of this act shall be subject to such penalties as the Department of Health [and Senior Services] may determine pursuant to sections 13 and 14 of P.L.1971, c.136 (C.26:2H-13 and 26:2H-14).

(cf: P.L.2007, c.225, s.7)

 

     213.  Section 8 of P.L.2007, c.225, s.8 (C.26:2H-14.15) is amended to read as follows:

     8.    The Commissioner of Health [and Senior Services] shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), within 12 months of the date of enactment of this act, to carry out the purposes of this act.

(cf: P.L.2007, c.225, s.8)

 

     214.  Section 3 of P.L.1987, c.299 (C.26:2H-18c) is amended to read as follows:

     3.    a. The Commissioner of Health [and Senior Services], subject to the provisions of subsection b. of this section, shall designate Cooper University Hospital in the City of Camden as the State's specialty acute care children's hospital in southern New Jersey for the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, and Salem.

     b.    The designation by the Commissioner of Health [and Senior Services] pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of a written agreement between Cooper University Hospital and a majority of the acute care hospitals providing inpatient pediatric services which are located in the counties listed in subsection a. of this section.

     The written agreement shall state that the other facility recognizes Cooper University Hospital as the State's specialty acute care children's hospital for the counties listed in subsection a. of this section and shall set forth the basis on which the other facility shall make referrals to Cooper University Hospital.

(cf: P.L.2005, c.116, s.2)

 

     215.  Section 1 of P.L.1992, c.181 (C.26:2H-18d) is amended to read as follows:

     1.    a. The Commissioner of Health [and Senior Services], subject to the provisions of subsection b. of this section, shall designate Robert Wood Johnson University Hospital/St. Peter's University Hospital in the City of New Brunswick as the State's specialty acute care children's hospital in central New Jersey for the counties of Hunterdon, Mercer, Middlesex, and Somerset.

     b.    The designation by the Commissioner of Health [and Senior Services] pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of a written agreement between Robert Wood Johnson University Hospital/St. Peter's University Hospital and a majority of the acute care hospitals providing inpatient pediatric services which are located in the counties listed in subsection a. of this section.

     The written agreement shall state that the other facility recognizes Robert Wood Johnson University Hospital/St. Peter's University Hospital as the State's specialty acute care children's hospital for the counties listed in subsection a. of this section and shall set forth the basis on which the other facility shall make referrals to Robert Wood Johnson University Hospital/St. Peter's University Hospital.

(cf: P.L.2005, c.116, s.3)

 

     216.  Section 1 of P.L.1993, c.374 (C.26:2H-18e) is amended to read as follows:

     1.    a. The Commissioner of Health [and Senior Services], subject to the provisions of subsection b. of this section, shall designate St. Joseph's Hospital and Medical Center in the City of Paterson as the State's specialty acute care children's hospital for the counties of Bergen, Passaic, Sussex, and Warren.

     b.    The designation by the Commissioner of Health [and Senior Services] pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of a written agreement between St. Joseph's Hospital and Medical Center and a majority of the acute care hospitals providing inpatient pediatric services which are located in the counties listed in subsection a. of this section.

     The written agreement shall state that the other facility recognizes St. Joseph's Hospital and Medical Center as the State's specialty acute care children's hospital for the counties listed in subsection a. of this section and shall set forth the basis on which the other facility shall make referrals to St. Joseph's Hospital and Medical Center.

(cf: P.L.2003, c.98, s.3)

 

     217.  Section 2 of P.L.2003, c.98 (C.26:2H-18f) is amended to read as follows:

     2.    a. The Commissioner of Health [and Senior Services], subject to the provisions of subsection b. of this section, shall designate Morristown Memorial Hospital as the State's specialty acute care children's hospital for Morris and Union counties.

     b.    The designation by the Commissioner of Health [and Senior Services] pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of written transfer agreements between Morristown Memorial Hospital and a majority of the acute care hospitals providing inpatient pediatric services which are located in Morris and Union counties.

     The written agreement shall state that the other facility recognizes Morristown Memorial Hospital as the State's specialty acute care children's hospital for Morris and Union counties and shall set forth the basis on which the other facility shall make referrals to Morristown Memorial Hospital.

(cf: P.L.2003, c.98, s.2)

 

     218.  Section 1 of P.L.2005, c.116 (C.26:2H-18g) is amended to read as follows:

     1.    a. The Commissioner of Health [and Senior Services], subject to the provisions of subsection b. of this section, shall designate Jersey Shore University Medical Center and Monmouth Medical Center, each, as the State's specialty acute care children's hospitals for Monmouth and Ocean counties, subject to the commissioner's determination that each hospital meets all of the licensure criteria that apply to a children's hospital and has met and complied with all of the requirements to obtain State authorization to offer the component services that constitute a children's hospital. The commissioner's determination and the designation pursuant thereto shall be made separately for each hospital; and the commissioner's decision on the designation of each hospital shall be made independently of, and shall not be contingent upon, the decision on the designation of the other hospital.

     b.    The designation of each hospital by the Commissioner of Health [and Senior Services] pursuant to subsection a. of this section shall be made subsequent to, and shall be contingent upon, the execution of written transfer agreements, respectively, between:  Jersey Shore University Medical Center and a majority of the acute care hospitals providing inpatient pediatric services located in Monmouth and Ocean counties; and Monmouth Medical Center and a majority of the acute care hospitals providing inpatient pediatric services located in Monmouth and Ocean counties.

     The written agreement shall state that the other facility recognizes Jersey Shore University Medical Center and Monmouth Medical Center, as applicable, as the State's specialty acute care children's hospitals for Monmouth and Ocean counties and shall set forth the basis on which the other facility shall make referrals to Jersey Shore University Medical Center or Monmouth Medical Center, as applicable.

(cf: P.L.2005, c.116, s.1)

 

     219.  Section 1 of P.L.2011, c.208 (C.26:2H-18h) is amended to read as follows:

     1.    a. The Commissioner of Health [and Senior Services] may issue a nursing facility license for a facility that provides care for Huntington's Disease.

     b.    The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations to effectuate the purposes of this act.

(cf: P.L.2011, c.208, s.1)

 

     220.  Section 2 of P.L.1992, c.160 (C.26:2H-18.52) is amended to read as follows:

     2.    As used in sections 1 through 17 of P.L.1992, c.160 (C.26:2H-18.51 through 26:2H-18.67), sections 12 through 15 of P.L.1995, c.133 (C.26:2H-18.59a through C.26:2H-18.59d), sections 7 through 12 of P.L.1996, c.28 (C.26:2H-18.59e et al.) and sections 6, 8, 10 and 11 of P.L.1997, c.263 (C.26:2H-18.58e, C.26:2H-18.58f, C.26:2H-18.58d and C.26:2H-18.59h):

     "Administrator" means the administrator of the Health Care Subsidy Fund appointed by the commissioner.

     "Charity care" means care provided at disproportionate share hospitals that may be eligible for a charity care subsidy pursuant to this act.

     "Charity care subsidy" means the component of the disproportionate share payment that is attributable to care provided at a disproportionate share hospital to persons unable to pay for that care, as provided in this act.

     "Commission" means the New Jersey Essential Health Services Commission established pursuant to section 4 of this act.

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Department" means the Department of Health [and Senior Services].

     "Disproportionate share hospital" means a hospital designated by the Commissioner of Human Services pursuant to Pub.L.89-97 (42 U.S.C. s.1396a et seq.) and Pub.L.102-234.

     "Disproportionate share payment" means those payments made by the Division of Medical Assistance and Health Services in the Department of Human Services to hospitals defined as disproportionate share hospitals by the Commissioner of Human Services in accordance with federal laws and regulations applicable to hospitals serving a disproportionate number of low income patients.

     "Fund" means the Health Care Subsidy Fund established pursuant to section 8 of this act.

     "Hospital" means an acute care hospital licensed by the Department of Health [and Senior Services] pursuant to P.L.1971, c.136 (C.26:2H-1 et al.).

     "Medicaid" means the New Jersey Medical Assistance and Health Services Program in the Department of Human Services established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). 

     "Medicare" means the program established pursuant to Pub.L.89-97 (42 U.S.C. s.1395 et seq.).

(cf:  P.L.1997, c.263, s.1)

 

     221.  Section 2 of P.L.2006, c.87 (C.26:2H-18.55a) is amended to read as follows:

     2.    a. The Commissioner of Health [and Senior Services] shall compile, to the extent data are available, the following information about recipients of charity care who are employed:

     (1)   the employer's name and address;

     (2)   the number of recipients of charity care who are employed by the employer; and

     (3)   the cost to the State of providing charity care for the employer's employees and their dependents.

     b.    In order to compile the information required pursuant to this section, the commissioner may require hospitals and other health care facilities to submit such information as may be necessary for this purpose.

     c.     The commissioner may include comparable information about recipients of other public health care coverage programs, and [such] other information as the commissioner deems appropriate regarding employer-based coverage for persons covered under public insurance programs.

     d.    The information compiled by the commissioner shall not include the name of any charity care recipient or any family member of a recipient.

     e.     The commissioner shall provide the information required pursuant to this section to the Commissioner of Human Services for inclusion in the annual report on Access to Employer-Based Health Insurance, as provided in section 1 of P.L.2006, c.87 (C.30:4J-17).

(cf: P.L.2006, c.87, s.2)

 

     222.  Section 7 of P.L.1992, c.160 (C.26:2H-18.57) is amended to read as follows:

     7.    a. Effective January 1, 1994, the Department of Health [and Senior Services] shall assess each hospital a per adjusted admission charge of [$10.00] $10.

     Of the revenues raised by the hospital per adjusted admission charge, [$5.00] $5 per adjusted admission shall be used by the department to carry out its duties pursuant to P.L.1992, c.160 (C.26:2H-18.51 et al.) and [$5.00] $5 per adjusted admission shall be used by the department for administrative costs related to health planning.

     b.    Effective July 1, 2004, the department shall assess each licensed ambulatory care facility that is licensed to provide one or more of the following ambulatory care services:  ambulatory surgery, computerized axial tomography, comprehensive outpatient rehabilitation, extracorporeal shock wave lithotripsy, magnetic resonance imaging, megavoltage radiation oncology, positron emission tomography, orthotripsy, and sleep disorder services.  The Commissioner of Health [and Senior Services] may, by regulation, add additional categories of ambulatory care services that shall be subject to the assessment if such services are added to the list of services provided in N.J.A.C.8:43A-2.2(b) after the effective date of P.L.2004, c.54.

     The assessment established in this subsection shall not apply to an ambulatory care facility that is licensed to a hospital in this State as an off-site ambulatory care service facility.

     (1)   For Fiscal Year 2005, the assessment on an ambulatory care facility providing one or more of the services listed in this subsection shall be based on gross receipts for the 2003 tax year as follows:

     (a)   a facility with less than $300,000 in gross receipts shall not pay an assessment; and

     (b)   a facility with at least $300,000 in gross receipts shall pay an assessment equal to 3.5% of its gross receipts or $200,000, whichever amount is less.

     The commissioner shall provide notice no later than August 15, 2004 to all facilities that are subject to the assessment that the first payment of the assessment is due October 1, 2004 and that proof of gross receipts for the facility's tax year ending in calendar year 2003 shall be provided by the facility to the commissioner no later than September 15, 2004.  If a facility fails to provide proof of gross receipts by September 15, 2004, the facility shall be assessed the maximum rate of $200,000 for Fiscal Year 2005.

     The Fiscal Year 2005 assessment shall be payable to the department in four installments, with payments due October 1, 2004, January 1, 2005, March 15, 2005 and June 15, 2005.

     (2)   For Fiscal Year 2006, the commissioner shall use the calendar year 2004 data submitted in accordance with subsection c. of this section to calculate a uniform gross receipts assessment rate for each facility with gross receipts over $300,000 that is subject to the assessment, except that no facility shall pay an assessment greater than $200,000.  The rate shall be calculated so as to raise the same amount in the aggregate as was assessed in Fiscal Year 2005. A facility shall pay its assessment to the department in four payments in accordance with a timetable prescribed by the commissioner.

     (3)   Beginning in Fiscal Year 2007 and for each fiscal year thereafter through Fiscal Year 2010, the uniform gross receipts assessment rate calculated in accordance with paragraph (2) of this subsection shall be applied to each facility subject to the assessment with gross receipts over $300,000, as those gross receipts are documented in the facility's most recent annual report to the department, except that no facility shall pay an assessment greater than $200,000.  A facility shall pay its annual assessment to the department in four payments in accordance with a timetable prescribed by the commissioner.

     (4)   Beginning in Fiscal Year 2011 and for each fiscal year thereafter, the uniform gross receipts assessment shall be applied at the rate of 2.95% to each facility subject to the assessment with gross receipts over $300,000, as those gross receipts are documented in the facility's most recent annual report submitted to the department pursuant to subsection c. of this section, except that no facility shall pay an assessment greater than $350,000.  A facility shall pay its annual assessment to the department in four payments in accordance with a timetable prescribed by the commissioner.

     c.     Each ambulatory care facility that is subject to the assessment provided in subsection b. of this section shall submit an annual report including, at a minimum, data on volume of patient visits, charges, and gross revenues, by payer type, for patient services, beginning with calendar year 2004 data.  The annual report shall be submitted to the department according to a timetable and in a form and manner prescribed by the commissioner.

     The department may audit selected annual reports in order to determine their accuracy.

     d.    (1) If, upon audit as provided for in subsection c. of this section, it is determined that an ambulatory care facility understated its gross receipts in its annual report to the department, the facility's assessment for the fiscal year that was based on the defective report shall be retroactively increased to the appropriate amount and the facility shall be liable for a penalty in the amount of the difference between the original and corrected assessment.

     (2)   A facility that fails to provide the information required pursuant to subsection c. of this section shall be liable for a civil penalty not to exceed $500 for each day in which the facility is not in compliance.

     (3)   A facility that is operating one or more of the ambulatory care services listed in subsection b. of this section without a license from the department, on or after July 1, 2004, shall be liable for double the amount of the assessment provided for in subsection b. of this section, in addition to such other penalties as the department may impose for operating an ambulatory care facility without a license.

     (4)   The commissioner shall recover any penalties provided for in this subsection in an administrative proceeding in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

     e.     The revenues raised by the ambulatory care facility assessment pursuant to this section shall be deposited in the Health Care Subsidy Fund established pursuant to section 8 of P.L.1992, c.160 (C.26:2H-18.58).

(cf: P.L.2010, c.23, s.1)

 

     223.  Section 8 of P.L.1992, c.160 (C.26:2H-18.58) is amended to read as follows:

     8.    There is established the Health Care Subsidy Fund in the Department of Health [and Senior Services].

     a.     The fund shall be comprised of revenues from employee and employer contributions made pursuant to section 29 of P.L.1992, c.160 (C.43:21-7b), revenues from the hospital assessment made pursuant to section 12 of P.L.1992, c.160 (C.26:2H-18.62), revenues pursuant to section 11 of P.L.1996, c.28 (C.26:2H-18.58c), revenues from interest and penalties collected pursuant to this act and revenues from [such] other sources as the Legislature shall determine.  Interest earned on the monies in the fund shall be credited to the fund.  The fund shall be a nonlapsing fund dedicated for use by the State to:  (1) distribute charity care and other uncompensated care disproportionate share payments to hospitals, and other eligible providers pursuant to section 8 of P.L.1996, c.28 (C.26:2H-18.59f), provide subsidies for the Health Access New Jersey program established pursuant to section 15 of P.L.1992, c.160 (C.26:2H-18.65), and provide funding for children's health care coverage in the NJ FamilyCare Program pursuant to [P.L.1997, c.272 (C.30:4I-1 et seq.)] P.L.2005, c.156 (C.30:4J-8 et al.); (2) provide funding for federally qualified health centers pursuant to section 12 of P.L.1992, c.160 (C.26:2H-18.62); and  (3) provide for the payment in State fiscal year 2002 of appropriate Medicaid expenses, subject to the approval of the Director of the Division of Budget and Accounting.

     b.    The fund shall be administered by a person appointed by the commissioner.

     The administrator of the fund is responsible for overseeing and coordinating the collection and reimbursement of fund monies.  The administrator is responsible for promptly informing the commissioner if monies are not or are not reasonably expected to be collected or disbursed.

     c.     The commissioner shall adopt rules and regulations to ensure the integrity of the fund, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

     d.    The administrator shall establish separate accounts for the charity care component of the disproportionate share hospital subsidy, other uncompensated care component of the disproportionate share hospital subsidy, federally qualified health centers funding, and the payments for subsidies for insurance premiums to provide care in disproportionate share hospitals, known as the Health Access New Jersey subsidy account, respectively.

     e.     In the event that the charity care component of the disproportionate share hospital subsidy account has a surplus in a given year after payments are distributed pursuant to the methodology established in section 13 of P.L.1995, c.133 (C.26:2H-18.59b) and section 7 of P.L.1996, c.28 (C.26:2H-18.59e) and within the limitations provided in subsection e. of section 9 of P.L.1992, c.160 (C.26:2H-18.59), the surplus monies in calendar years 2002, 2003 and 2004 shall lapse to the unemployment compensation fund established pursuant to R.S.43:21-9, and each year thereafter shall lapse to the charity care component of the disproportionate share hospital subsidy account for distribution in subsequent years.

(cf: P.L.2005, c.237, s.1)

 

     224.  Section 6 of P.L.1997, c.263 (C.26:2H-18.58e) is amended to read as follows:

     6.    a.  The Commissioner of Health [and Senior Services] shall transfer to the Hospital Health Care Subsidy account, known as the Hospital Relief Fund, in the Division of Medical Assistance and Health Services in the Department of Human Services from the Health Care Subsidy Fund, $50.75 million in fiscal year  998 and $101.5 million each fiscal year thereafter, according to a schedule to be determined by the Commissioner of Health [and Senior Services] in consultation with the Commissioner of Human Services.  These funds shall be distributed to eligible disproportionate share hospitals according to a methodology adopted by the Commissioner of Human Services pursuant to N.J.A.C.10:52-8.2, using hospital expenditure data for the most recent calendar year available for reimbursements from these funds.

     b.    In fiscal year 1998 and each fiscal year thereafter, the Governor shall recommend and the Legislature shall appropriate to the Hospital Health Care Subsidy account for distribution to disproportionate share hospitals which are eligible for reimbursement pursuant to subsection a. of this section, those federal funds received in connection with the provision of hospital reimbursements from that account.

(cf: P.L.1997, c.263, s.6)

 

     225.  Section 8 of P.L.1997, c.263 (C.26:2H-18.58f) is amended to read as follows:

     8.    a. The Commissioner of Health [and Senior Services] shall transfer to the Division of Medical Assistance and Health Services in the Department of Human Services from the Health Care Subsidy Fund, $23.8 million in fiscal year 1998, $47.6 million in fiscal year 1999, and an amount in each succeeding fiscal year that is necessary to obtain the maximum amount of federal funds to which the State is entitled in order to provide children's health care coverage in the NJ FamilyCare Program pursuant to [P.L.1997, c.272 (C.30:4I-1 et seq.)] P.L.2005, c.156 (C.30:4J-8 et al.), according to a schedule to be determined by the Commissioner of Health [and Senior Services] in consultation with the Commissioner of Human Services.  These funds shall be expended to provide children's health care coverage in the NJ FamilyCare Program pursuant to [P.L.1997, c.272 (C.30:4I-1 et seq.)] P.L.2005, c.156.

     b.    In fiscal year 1999 and each fiscal year thereafter, the Governor shall recommend and the Legislature shall appropriate to the Division of Medical Assistance and Health Services for the purposes of subsection a. of this section, those federal funds received in connection with the provision of children's health care coverage in the NJ FamilyCare Program pursuant to [P.L.1997, c.272 (C.30:4I-1 et seq.)] P.L.2005, c.156.

(cf: P.L.1997, c.263, s.8)

 

     226.  Section 4 of P.L.1997, c.264 (C.26:2H-18.58g) is amended to read as follows:

     4.    Notwithstanding the provisions of any other law to the contrary,

     a.     commencing July 1, 1998 and ending June 30, 2006: after the deposit required pursuant to section 5 of P.L.1982, c.40 (C.54:40A-37.1), the first $150,000,000 of revenue collected annually from the cigarette tax imposed pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) and the first $5,000,000 of revenue collected annually from the "Tobacco Products Wholesale Sales and Use Tax Act," P.L.1990, c.39 (C.54:40B-1 et seq.), shall be deposited into the Health Care Subsidy Fund established pursuant to section 8 of P.L.1992, c.160 (C.26:2H-18.58); and the next $390,000,000 of revenue collected annually from the cigarette tax imposed pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) shall be appropriated annually for health programs, and the next $50,000,000 of revenue collected annually from the cigarette tax imposed pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) shall be appropriated annually to the New Jersey Economic Development Authority for payment of debt service incurred by the authority for school facilities projects and in fiscal years commencing July 1, 2002 and July 1, 2003, the next $30,000,000 of revenue collected annually from the cigarette tax imposed pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) shall be directed to the Department of Health [and Senior Services] to fund anti-smoking initiatives, except that the amount shall be $40,000,000 in the fiscal year commencing July 1, 2004 and $45,000,000 in the fiscal year commencing July 1, 2005; and

     b.    commencing with fiscal years beginning on and after July 1, 2006, after the deposit required pursuant to section 5 of P.L.1982, c.40 (C.54:40A-37.1), the first $150,000,000 of revenue collected annually from the cigarette tax imposed pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) and the first $5,000,000 of revenue collected annually from the "Tobacco Products Wholesale Sales and Use Tax Act," P.L.1990, c.39 (C.54:40B-1 et seq.), shall be deposited into the Health Care Subsidy Fund established pursuant to section 8 of P.L.1992, c.160 (C.26:2H-18.58).  In addition, commencing with fiscal years beginning on and after July 1, 2006 but before July 1, 2009, there shall be deposited $215,000,000 of revenue collected annually from the cigarette tax imposed pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) in accordance with the provisions of section 5 of P.L.2004, c.68 (C.34:1B-21.20), and, commencing with fiscal years beginning on and after July 1, 2009, there shall be deposited $241,500,000 of revenue collected annually from the cigarette tax imposed pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) in accordance with the provisions of section 5 of P.L.2004, c.68 (C.34:1B-21.20).

(cf: P.L.2009, c.70, s.3)

 

     227.  Section 9 of P.L.1997, c.263 (C.26:2H-18.59) is amended to read as follows:

     9.    a.  The commissioner shall allocate such funds as specified in subsection e. of this section to the charity care component of the disproportionate share hospital subsidy account.  In a given year, the department shall transfer from the fund to the Division of Medical Assistance and Health Services in the Department of Human Services such funds as may be necessary for the total approved charity care disproportionate share payments to hospitals for that year.

     b.    For the period January 1, 1993 to December 31, 1993, the commission shall allocate $500 million to the charity care component of the disproportionate share hospital subsidy account.  The Department of Health [and Senior Services] shall recommend the amount that the Division of Medical Assistance and Health Services shall pay to an eligible hospital on a provisional, monthly basis pursuant to paragraphs (1) and (2) of this subsection.  The department shall also advise the commission and each eligible hospital of the amount a hospital is entitled to receive.

     (1)   The department shall determine if a hospital is eligible to receive a charity care subsidy in 1993 based on the following:

 

Hospital Specific Approved Uncompensated Care-1991

     ____________________________________________________

 

Hospital Specific Preliminary Cost Base-1992

 

= Hospital Specific % Uncompensated Care (%UC)

 

     A hospital is eligible for a charity care subsidy in 1993 if, upon establishing a rank order of the %UC for all hospitals, the hospital is among the 80% of hospitals with the highest %UC. 

 

     (2)   The maximum amount of the charity care subsidy an eligible hospital may receive in 1993 shall be based on the following:

 

Hospital Specific Approved Uncompensated Care-1991

     ____________________________________________________

 

Total approved Uncompensated Care All Eligible Hospitals-1991

 

X $500 million

 

= Maximum Amount of Hospital Specific Charity Care Subsidy for 1993

 

     (3)   A hospital shall be required to submit all claims for charity care cost reimbursement, as well as demographic information about the persons who qualify for charity care, to the department in a manner and time frame specified by the Commissioner of Health [and Senior Services], in order to continue to be eligible for a charity care subsidy in 1993 and in subsequent years.

     The demographic information shall include the recipient's age, sex, marital status, employment status, type of health insurance coverage, if any, and if the recipient is a child under 18 years of age who does not have health insurance coverage or a married person who does not have health insurance coverage, whether the child's parent or the married person's spouse, as the case may be, has health insurance.

     (4)   A hospital shall be reimbursed for the cost of eligible charity care at the same rate paid to that hospital by the Medicaid program; except that charity care services provided to emergency room patients who do not require those services on an emergency basis shall be reimbursed at a rate appropriate for primary care, according to a schedule of payments developed by the commission. 

     (5)   The department shall provide for an audit of a hospital's charity care for 1993 within a time frame established by the department. 

     c.     For the period January 1, 1994 to December 31, 1994, a hospital shall receive disproportionate share payments from the Division of Medical Assistance and Health Services based on the amount of charity care submitted to the commission or its designated agent, in a form and manner specified by the commission.  The commission or its designated agent shall review and price all charity care claims and notify the Division of Medical Assistance and Health Services of the amount it shall pay to each hospital on a monthly basis based on actual services rendered. 

     (1)   (Deleted by amendment, P.L.1995, c.133.)

     (2)   If the commission is not able to fully implement the charity care claims pricing system by January 1, 1994, the commission shall continue to make provisional disproportionate share payments to eligible hospitals, through the Division of Medical Assistance and Health Services, based on the charity care costs incurred by all hospitals in 1993, until such time as the commission is able to implement the claims pricing system. 

     If there are additional charity care balances available after the 1994 distribution based on 1993 charity care costs, the department shall transfer these available balances from the fund to the Division of Medical Assistance and Health Services for an approved one-time additional disproportionate share payment to hospitals according to the methodology provided in section 12 of P.L.1995, c.133 (C.26:2H-18.59a).  The total payment for all hospitals shall not exceed $75.5 million. 

     (3)   A hospital shall be reimbursed for the cost of eligible charity care at the same rate paid to that hospital by the Medicaid program; except that charity care services provided to emergency room patients who do not require those services on an emergency basis shall be reimbursed at a rate appropriate for primary care, according to a schedule of payments developed by the commission. 

     (4)   (Deleted by amendment, P.L.1995, c.133.)

     d.    (Deleted by amendment, P.L.1995, c.133.)

     e.     The total amount allocated for charity care subsidy payments shall be: in 1994, $450 million; in 1995, $400 million; in 1996, $310 million; in 1997, $300 million; for the period January 1, 1998 through June 30, 1998, $160 million; and in fiscal year 1999 and each fiscal year thereafter through fiscal year 2004, $320 million. Total payments to hospitals shall not exceed the amount allocated for each given year.

     f.     Beginning January 1, 1995:

     (1)   The charity care subsidy shall be determined pursuant to section 13 of P.L.1995, c.133 (C.26:2H-18.59b). 

     (2)   A charity care claim shall be valued at the same rate paid to that hospital by the Medicaid program, except that charity care services provided to emergency room patients who do not require those services on an emergency basis shall be valued at a rate appropriate for primary care according to a schedule of payments adopted by the commissioner. 

     (3)   The department shall provide for an audit of a hospital's charity care within a time frame established by the commissioner. 

(cf: P.L.2004, c.113, s.1)

 

     228.  Section 9 of P.L.1996, c.28 (C.26:2H-18.59g) is amended to read as follows:

     9.    The Commissioner of Health [and Senior Services], in consultation with the State Treasurer, shall establish a technology infrastructure to support the provision of charity care pursuant to P.L.1992, c.160 (C.26:2H-18.51 et al.).

     The State Treasurer, in consultation with the Commissioners of Health [and Senior Services] and Human Services may, if deemed to be in the State's best interests, include system features and provisions in the technology infrastructure to satisfy the requirements of multiple programs and purposes, including, but not limited to, programs such as, Medicaid, food stamps, public assistance, and purposes such as the exchange and consolidation of health care information permitted by law, eligibility and identity verification, claims processing, the use of electronic patient identification technology, and electronic data interchange.

(cf: P.L.1998, c.37, s.3)

 

     229.  Section 3 of P.L.2004, c.113 (C.26:2H-18.59i) is amended to read as follows:

     3.    a.  Beginning July 1, 2004 and each year thereafter:

     (1)   Reimbursed documented charity care shall be equal to the Medicaid-priced amounts of charity care claims submitted to the Department of Health [and Senior Services] for the most recent calendar year, adjusted, as necessary, to reflect the annual audit results.  These amounts shall be augmented to reflect payments to hospitals by the Medicaid program for Graduate Medical Education and Indirect Medical Education based on the most recent Graduate Medical Education and Indirect Medical Education formulas utilized by the federal Medicare program.

     (2)   Hospital-specific reimbursed documented charity care shall be equal to the Medicaid-priced dollar amount of charity care provided by a hospital as submitted to the Department of Health [and Senior Services] for the most recent calendar year.  A sample of the claims submitted by the hospital to the department shall be subject to an annual audit conducted pursuant to applicable charity care eligibility criteria.

     b.    Beginning July 1, 2004 and each year thereafter, the charity care subsidy shall be determined according to the following methodology:

     (1)   Each hospital shall be ranked in order of its hospital-specific, relative charity care percentage, or RCCP, by dividing the amount of hospital-specific gross revenue for charity care patients by the hospital's total gross revenue for all patients.

     (2)   The nine hospitals with the highest RCCPs shall receive a charity care payment equal to 96% of each hospital's hospital-specific reimbursed documented charity care.  The hospital ranked number 10 shall receive a charity care payment equal to 94% of its hospital-specific reimbursed documented charity care, and each hospital ranked number 11 and below shall receive two percentage points less than the hospital ranked immediately above that hospital.

     (3)   Notwithstanding the provisions of paragraph (2) of this subsection to the contrary, each of the hospitals located in the 10 municipalities in the State with the lowest median annual household income according to the most recent census data, shall be ranked from the hospital with the highest hospital-specific reimbursed documented charity care to the hospital with the lowest hospital-specific reimbursed documented charity care.  The hospital in each of the 10 municipalities, if any, with the highest documented hospital-specific charity care shall receive a charity care payment equal to 96% of its hospital-specific reimbursed documented charity care.

     (4)   Notwithstanding the provisions of this subsection to the contrary, no hospital shall receive reimbursement for less than 43% of its hospital-specific reimbursed documented charity care.

     c.     To ensure that charity care subsidy payments remain viable and appropriate, the State shall maintain the charity care subsidy at an amount not less than 75% of the Medicaid-priced amounts of charity care provided by hospitals in the State. In addition, these amounts shall be augmented to reflect payments to hospitals by the Medicaid program for Graduate Medical Education and Indirect Medical Education based on the most recent Graduate Medical Education and Indirect Medical Education formulas utilized by the federal Medicare program.

     d.    Notwithstanding any other provisions of this section to the contrary, in the event that the change from the charity care subsidy formula in effect for fiscal year 2004 to the formula established pursuant to this section in effect for fiscal year 2005, reduces, for any reason, the amount of the charity care subsidy payment to a hospital below the amount that the hospital received under the formula in effect in fiscal year 2004, the hospital shall receive a payment equal to the amount it would have received under the formula in effect for fiscal year 2004.

(cf: P.L.2004, c.113, s.3)

 

     230.  Section 6 of P.L.2008, c.38 (C.26:2H-18.59j) is amended to read as follows:

     6.    Notwithstanding the provisions of section 3 of P.L.2004, c.113 (C.26:2H-18.59i) to the contrary, a hospital shall not submit charity care claims to the Department of Health [and Senior Services] for health care services provided to a child under 19 years of age who presents at a hospital for emergency care and who may be deemed presumptively eligible for NJ FamilyCare coverage pursuant to P.L.2005, c.156 (C.30:4J-8 et al.) or Medicaid coverage pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

(cf: P.L.2008, c.38, s.6)

 

     231.  Section 3 of P.L.2007, c.217 (C.26:2H-18.60c) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall require the use of procedures by hospitals to ensure their uniform collection from applicants for charity care pursuant to section 10 of P.L.1992, c.160 (C.26:2H-18.60) and the transmission to the Department of Health [and Senior Services] of [such] demographic and financial information as the commissioner requires pursuant to section 14 of P.L.1995, c.133 (C.26:2H-18.59c) and any other information that the commissioner determines necessary to ensure the efficient, cost-effective operation of the hospital charity care subsidy program and to prevent and detect fraudulent charity care claims.

(cf: P.L.2007, c.217, s.3)

 

     232.  Section 4 of P.L.2007, c.217 (C.26:2H-18.60d) is amended to read as follows:

     4.    a. The Commissioner of Health [and Senior Services] and the Medicaid Inspector General shall establish an inter-agency agreement under which the staff and resources of the Office of the Medicaid Inspector General are utilized to:

     (1)   investigate charity care claims, which that office or the Department of Health [and Senior Services] reasonably suspects may be fraudulent, with the same authority as that granted to the Medicaid Inspector General to investigate complaints related to Medicaid integrity, fraud, and abuse pursuant to P.L.2007, c.58 (C.30:4D-53 et al.); and

     (2)   recover monies from third party payers that were paid as charity care subsidies based upon fraudulent charity care claims.

     b.    The commissioner and the Medicaid Inspector General shall take such actions as are necessary to ensure that any monies recovered pursuant to subsection a. of this section are deposited in the Health Care Subsidy Fund and used for the purposes of providing charity care subsidies pursuant to P.L.1992, c.160 (C.26:2H-18.51 et al.).

(cf: P.L.2007, c.217, s.4)

 

     233.  Section 5 of P.L.2007, c.217 (C.26:2H-18.60e) is amended to read as follows:

     5.    The Commissioner of Health [and Senior Services] and the State Treasurer shall establish an inter-agency agreement under which the staff and resources of the Division of Taxation in the Department of the Treasury are utilized to conduct random checks of personal State income tax returns filed by persons determined eligible for charity care pursuant to section 10 of P.L.1992, c.160 (C.26:2H-18.60), in consultation with the commissioner, and with the Medicaid Inspector General pursuant to section 4 of P.L.2007, c.217 (C.26:2H-18.60d), for the purposes of determining the validity of charity care claims for health care services provided to those persons.

(cf: P.L.2007, c.217, s.5)

 

     234.  Section 7 of P.L.2007, c.217 (C.26:2H-18.60f) is amended to read as follows:

     7.    The Commissioner of Health [and Senior Services] shall establish a mechanism, by means of a toll-free telephone hotline or electronic mail, through which persons may confidentially report suspected incidents of fraudulent charity care claims to the Department of Health [and Senior Services].

(cf: P.L.2007, c.217, s.7)

 

     235.  Section 12 of P.L.1992, c.160 (C.26:2H-18.62) is amended to read as follows:

     12.  a. (Deleted by amendment, P.L.2005, c.237).

     b.    (Deleted by amendment, P.L.2005, c.237).

     c.     (1) Notwithstanding any law to the contrary, each general hospital and each specialty heart hospital shall pay .53% of its total operating revenue to the department for deposit in the Health Care Subsidy Fund.  The hospital shall make monthly payments to the department beginning July 1, 1993.  The commissioner shall determine the manner in which the payments shall be made.

     For the purposes of this subsection, "total operating revenue" shall be defined by the department in accordance with financial reporting requirements established pursuant to N.J.A.C.8:31B-3.3 and shall include revenue from any ambulatory care facility that is licensed to a general hospital as an off-site ambulatory care service facility.

     (2)   The commissioner shall allocate the monies paid by hospitals pursuant to paragraph (1) of this subsection as follows:

     (a)   In State fiscal years 2006 and 2007, $35 million of those monies shall be allocated to the support of federally qualified health centers in this State, and the remainder shall be allocated to the support of (i) the infant mortality reduction program in the Department of Health [and Senior Services], (ii) the primary care physician and dentist loan redemption program established in the Higher Education Student Assistance Authority by article 3 of P.L.1999, c.46 (C.18A:71C-32 et seq.), and (iii) the development and use of health information electronic data interchange technology pursuant to P.L.1999, c.154 (C.17B:30-23 et al.); and

     (b)   In State fiscal year 2008 and thereafter, $40 million of those monies shall be allocated to the support of federally qualified health centers in this State.

     Monies allocated to the support of federally qualified health centers in the State under this paragraph shall be used for the purpose of compensating them for health care services provided to uninsured patients.

     d.    The monies paid by the hospitals and allocated under subsection c. of this section for the support of federally qualified health centers shall be credited to the federally qualified health centers account.

     e.     (1) Monies paid by hospitals under subsection c. of this section in excess of $40 million, federal matching funds received on account of such monies, and interest received on such payments and funds shall be allocated exclusively to support funding to hospitals.

     (2)   In the event that any approval, application, or other condition necessary for the implementation of this subsection and the distribution of funds pursuant thereto consistent with the Fiscal Year 2011 annual appropriations act is not obtained, granted, or satisfied, the Departments of Health [and Senior Services] and Human Services shall jointly prepare a plan concerning charity care and related hospital funding, which shall be subject to the approval of the Joint Budget Oversight Committee.

(cf: P.L.2010, c.23, s.2)

 

     236.  Section 3 of P.L.2008, c.33 (C.26:2H-18.76) is amended to read as follows:

     3.    a. The Health Care Stabilization Fund is established as a nonlapsing, revolving fund in the Department of Health [and Senior Services].  The fund shall be administered by the Department of Health [and Senior Services] in consultation with the Department of the Treasury.  The fund shall be comprised of [such] revenues as are appropriated by the Legislature from time to time, along with any interest earned on monies in the fund.

     b.    Monies from the fund shall be disbursed solely as grants to qualifying licensed health care facilities pursuant to eligibility criteria, and subject to conditions, prescribed by the Commissioner of Health [and Senior Services] in accordance with the requirements of this act.

(cf: P.L.2008, c.33, s.3)

 

     237.  Section 4 of P.L.2008, c.33 (C.26:2H-18.77) is amended to read as follows:

     4.    The Commissioner of Health [and Senior Services], in consultation with the State Treasurer and the New Jersey Health Care Facilities Financing Authority, may award a grant to a hospital or other licensed health care facility from the fund if the commissioner determines that, due to extraordinary circumstances, the grant is necessary to maintain access to essential health care services or referral sources, as appropriate.  In determining whether to award a grant to a licensed health care facility, the commissioner shall consider whether, at a minimum, the following factors are present:

     a.     Extraordinary circumstances threaten access to essential health services for residents in a community;

     b.    Persons in a community will be without ready access to essential health care services in the absence of the award of a grant from the fund;

     c.     Funding is unavailable from other sources to preserve or provide essential health care services;

     d.    A grant from the fund is likely to stabilize access to the essential health care services;

     e.     There is a reasonable likelihood that the essential health care services will be sustainable upon the termination of the grant;

     f.     The proposed recipient of the grant agrees to conditions established by the commissioner for receipt of a grant; and

     g.     The hospital or other licensed health care facility serves a significant number of uninsured and underinsured persons.

(cf: P.L.2008, c.33, s.4)

 

     238.  Section 5 of P.L.2008, c.33 (C.26:2H-18.78) is amended to read as follows:

     5.    a. The Commissioner of Health [and Senior Services] shall set reasonable conditions for the receipt of a grant by a general hospital or other licensed health care facility, which conditions may include, but need not be limited to, requirements to assure the efficient and effective delivery of health care services.

     The facility shall agree to: the provision of essential health care services to the community as determined by the commissioner; facilitating the enrollment of individuals in appropriate government insurance programs; and providing the Department of Health [and Senior Services] with [such] quality of care, utilization, and financial information as determined by the commissioner to be reasonable and necessary.  In the case of a facility whose financial condition created or contributed to the extraordinary circumstances necessitating the award of the grant, the facility shall agree to such corrective steps to its governance, management, and business operations as the commissioner deems reasonable and appropriate in light of the facility's circumstances and the health care needs of the community.

     b.    Within one year of the award of a grant from the fund, the commissioner, in consultation with the State Comptroller, shall cause to be conducted an audit to evaluate:

     (1)   whether a grantee's use of the funds was consistent with the provisions of this act, the commissioner's regulations, and any conditions imposed upon the award of the grant; and

     (2)   whether a grantee's use of the funds furthered the purposes of this act.

     c.     The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this act.  The regulations shall specify eligibility criteria for, and conditions that must be met by, a health care facility to receive a grant from the fund.

     Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner may adopt immediately upon filing with the Office of Administrative Law such regulations as the commissioner deems necessary to implement the provisions of this act, which shall be effective for a period not to exceed 270 days following enactment of this act and may thereafter be amended, adopted, or readopted by the department in accordance with the requirements of P.L.1968, c.410.

     d.    The commissioner shall annually, by March 1 of each year, submit a report on the Health Care Stabilization Fund to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).  The commissioner shall include a copy of the report on the department's website.

     The report shall identify the health care facilities that received grants during the reporting period, the purpose for which the grant was allocated to the facility, and the extent to which the awarding of the grant furthered the purposes of this act.  The report shall include a copy of any audits conducted pursuant to subsection b. of this section.

(cf: P.L.2008, c.33, s.5)

 

     239.  Section 3 of P.L.1997, c.78 (C.26:2H-81) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the provisions of this act.

(cf: P.L.1997, c.78, s.3)

 

     240.  Section 2 of P.L.1997, c.100 (C.26:2H-83) is amended to read as follows:

     2.    a. The Department of Health [and Senior Services] shall not issue a nurse aide or personal care assistant certification to any applicant, except on a conditional basis as provided for in subsection d. of section 3 of P.L.1997, c.100 (C.26:2H-84), unless the Commissioner of Health [and Senior Services] first determines, consistent with the requirements of sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which would disqualify that person from being certified. A nurse aide or personal care assistant certified by the department prior to the effective date of P.L.2000, c.20 upon whom a criminal history record background check has not been conducted pursuant to sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87), shall be required to undergo that criminal history record background check as a condition of that individual's initial recertification following the effective date of P.L.2000, c.20.

     In addition, a follow-up criminal history record background check of federal records shall be conducted at least once every two years as a condition of recertification for every certified nurse aide and personal care assistant; except that the commissioner, in lieu of conducting follow-up criminal history record background checks for purposes of recertification, may provide for an alternative means of determining whether a certified nurse aide or personal care assistant has been convicted of a crime or disorderly persons offense which would disqualify that person from certification, including, but not limited to, a match of a person's Social Security number or other identifying information with records of criminal proceedings in this and other states.  If the commissioner elects to implement this alternative means of determining whether a certified nurse aide or personal care assistant has been convicted of a crime or disorderly persons offense which would disqualify that person from certification, the commissioner shall report to the Governor and the Legislature prior to its implementation on the projected costs and procedures to be followed with respect to its implementation and setting forth the rationale therefor.

     A person shall be disqualified from certification if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:

     (1)   In New Jersey, any crime or disorderly persons offense:

     (a)   involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or

     (b)   against the family, children, or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.; or

     (c)   involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or

     (d)   involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10.

     (2)   In any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph (1) of this subsection.

     b.    Notwithstanding the provisions of subsection a. of this section, no person shall be disqualified from certification on the basis of any conviction disclosed by a criminal history record background check performed pursuant to sections 2 through 6 and section 14 of P.L.1997, c.100 (C.26:2H-83 through 87 and C.53:1-20.9a) if the person has affirmatively demonstrated to the Commissioner of Health [and Senior Services] clear and convincing evidence of the person's rehabilitation.  In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered:

     (1)   the nature and responsibility of the position which the convicted person would hold, has held or currently holds, as the case may be;

     (2)   the nature and seriousness of the offense;

     (3)   the circumstances under which the offense occurred;

     (4)   the date of the offense;

     (5)   the age of the person when the offense was committed;

     (6)   whether the offense was an isolated or repeated incident;

     (7)   any social conditions which may have contributed to the offense; and

     (8)   any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.

     c.     If a person subject to the provisions of sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87) refuses to consent to, or cooperate in, the securing of a criminal history record background check, the commissioner shall, as applicable:

     (1)   not issue a nurse aide or personal care assistant certification and shall notify the applicant, and the applicant's employer if the applicant is conditionally employed as provided in subsection d. of section 3 of P.L.1997, c.100 (C.26:2H-84) or the applicant's prospective employer if known, of that denial; or

     (2)   revoke the person's current nurse aide or personal care assistant certification and notify the person, and the person's employer, if known, of that revocation.

(cf: P.L.2000, c.20, s.1)

 

     241.  Section 3 of P.L.1997, c.100 (C.26:2H-84) is amended to read as follows:

     3.    a. An applicant for certification, or a certified nurse aide or personal care assistant who is required to undergo a criminal history record background check pursuant to section 2 of P.L.1997, c.100 (C.26:2H-83), shall submit to the Commissioner of Health [and Senior Services] that individual's name, address, and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency.  The commissioner is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87).

     b.    Upon receipt of the criminal history record information for a person from the Federal Bureau of Investigation or the Division of State Police, the commissioner shall immediately notify, in writing, the applicant, and the applicant's employer if the applicant is conditionally employed as provided in subsection d. of this section or the applicant's prospective employer if known, or a certified nurse aide or personal care assistant who is required to undergo a criminal history record background check pursuant to section 2 of P.L.1997, c.100 (C.26:2H-83) and that person's employer, as applicable, of the person's qualification or disqualification for certification under sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87).  If the person is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the notice to the person, but shall not be identified in the notice to the person's employer or prospective employer.

     c.     The person who is the subject of the background check shall have 30 days from the date of the written notice of disqualification to petition the commissioner for a hearing on the accuracy of the person's criminal history record information or to establish the person's rehabilitation under subsection b. of section 2 of P.L.1997, c.100 (C.26:2H-83).  The commissioner shall notify the person's employer or prospective employer of the person's petition for a hearing within five days following the receipt of the petition from the person.  Upon the issuance of a final decision upon a petition to the commissioner pursuant to this subsection, the commissioner shall notify the person and the person's employer or prospective employer as to whether the person remains disqualified from certification under sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87).

     d.    An applicant for certification may be issued conditional certification and may be employed as a nurse aide or a personal care assistant conditionally for a period not to exceed 60 days, pending completion of a criminal history record background check required under sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87) by the Division of State Police in the Department of Law and Public Safety based upon an examination of its own files in accordance with section 14 of P.L.1997, c.100 (C.53:1-20.9a), and for an additional period not to exceed 60 days pending completion of a criminal history record background check by federal authorities as arranged for by the Division of State Police pursuant to section 14 of P.L.1997, c.100 (C.53:1-20.9a), if the person submits to the commissioner a sworn statement attesting that the person has not been convicted of any crime or disorderly persons offense as described in section 2 of P.L.1997, c.100 (C.26:2H-83).  A person who submits a false sworn statement shall be disqualified from certification as a nurse aide or a personal care assistant, as the case may be, and shall not have an opportunity to establish rehabilitation pursuant to subsection b. of section 2 of P.L.1997, c.100 (C.26:2H-83).

     A conditionally employed person, or an employed person certified as a nurse aide or a personal care assistant, who disputes the accuracy of the criminal history record information and who files a petition requesting a hearing pursuant to subsection c. of this section may remain employed by that person's employer until the commissioner rules on the person's petition but, pending the commissioner's ruling, the employer shall not permit the person to have unsupervised contact with patients, residents, or clients, as the case may be, who are 60 years of age or older.

     e. (1) A licensed health care facility or other entity that has received an application from or conditionally employs an applicant for nurse aide or personal care assistant certification, or employs a certified nurse aide or personal care assistant, and:

     (a)   receives notice from the Commissioner of Health [and Senior Services] that the applicant or certified nurse aide or personal care assistant, as applicable, has been determined by the commissioner to be disqualified from certification as a nurse aide or personal care assistant pursuant to sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87); or

     (b)   terminates its employment of a conditionally employed applicant for nurse aide or personal care assistant certification or a certified nurse aide or personal care assistant because the person was disqualified from employment at the health care facility or other entity on the basis of a conviction of a crime or disorderly persons offense as described in section 2 of P.L.1997, c.100 (C.26:2H-83) after commencing employment at the health care facility or other entity;

shall be immune from liability for disclosing that disqualification or termination in good faith to another licensed health care facility or other entity that is qualified by statute or regulation to employ the person as a nurse aide or personal care assistant.

     (2)   A licensed health care facility or other entity which discloses information pursuant to paragraph (1) of this subsection shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the health care facility or other entity acted with actual malice toward the person who is the subject of the information.

     f.     (1) A licensed health care facility or other entity, upon receiving notice from the Commissioner of Health [and Senior Services] that a person employed by it as a nurse aide or personal care assistant, including a conditionally employed person, has been convicted of a crime or disorderly persons offense as described in section 2 of P.L.1997, c.100 (C.26:2H-83) after commencing employment at the health care facility or other entity, shall:

     (a)   immediately terminate the person's employment as a nurse aide or personal care assistant; and

     (b)   report information about the termination to the Commissioner of Health [and Senior Services] in a manner prescribed by the commissioner, who shall thereupon deem the person to be disqualified from certification as a nurse aide or personal care assistant, subject to the provisions of paragraph (3) of this subsection.

     (2)   A licensed health care facility or other entity shall be immune from liability for any actions taken in good faith pursuant to paragraph (1) of this subsection and shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the health care facility or other entity acted with actual malice toward the employee.

     (3)   The person terminated from employment pursuant to paragraph (1) of this subsection shall have 30 days from the date of the termination to petition the commissioner for a hearing on the accuracy of the information about the conviction reported to the commissioner or to establish why the person should not be terminated from employment, and disqualified from certification, as a nurse aide or personal care assistant. The commissioner shall notify the person's employer of the person's petition for a hearing within five days following the receipt of the petition from the person.  Upon the issuance of a final decision upon a petition to the commissioner pursuant to this paragraph, the commissioner shall notify the person and the person's employer as to whether:

     (a)   the person is to be reinstated in [his] the person’s employment as a nurse aide or personal care assistant and retain [his] the person’s certification; or

     (b)   the person's termination from employment as a nurse aide or personal care assistant stands and the person remains disqualified from certification.

     g.     The commissioner shall provide for a registry of all persons who have successfully completed all training and competency evaluation requirements for certification as a nurse aide or personal care assistant and shall provide for the inclusion in the registry of information about the disqualification of any person from certification pursuant to sections 2 through 6 of P.L.1997, c.100 (C.26:2H-83 through 87); for which purposes, the commissioner may use an existing registry established pursuant to statute or regulation, subject to the requirements of federal law.  The registry shall include the specific documented findings constituting the basis for that disqualification, except that the information shall indicate that the person was convicted of a crime or disorderly persons offense as described in section 2 of P.L.1997, c.100 (C.26:2H-83), but shall not identify the conviction or convictions which constitute the basis for the disqualification.

(cf: P.L.2000, c.20, s.2)

 

     242.  Section 4 of P.L.1997, c.100 (C.26:2H-85) is amended to read as follows:

     4.    The Department of Health [and Senior Services] shall assume the cost of the criminal history record background check conducted on an applicant for nurse aide or personal care assistant certification, or a certified nurse aide or personal care assistant, as the case may be, pursuant to sections 2 through 6 and section 14 of P.L.1997, c.100 (C.26:2H-83 through 87 and C.53:1-20.9a).

(cf: P.L.2000, c.20, s.3)

 

     243.  Section 5 of P.L.1997, c.100 (C.26:2H-86) is amended to read as follows:

     5.    In accordance with 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 sections 1 through 4 and section 6 of P.L.1997, c.100 (C.26:2H-82 through C.26:2H-85 and C.26:2H-87).

(cf: P.L.1997, c.100, s.5)

 

     244.  Section 6 of P.L.1997, c.100 (C.26:2H-87) is amended to read as follows:

     6.    Any person submitting a false sworn statement pursuant to section 3 of P.L.1997, c.100 (C.26:2H-84) shall be subject to a fine
of not more than $1,000, which may be assessed by the Commissioner of Health [and Senior Services].

(cf:  P.L.1997, c.284, s.5)

 

     245.  Section 2 of P.L.1997, c.296 (C.26:2H-89) is amended to read as follows:

     2.    A PACE or Pre-PACE program shall operate in the State only in accordance with a contract with the Department of [Health and Senior] Human Services 1[, which shall be prepared in consultation with the Department of Human Services, and]1 pursuant to the provisions of this act.

     The programs shall not be subject to the requirements of P.L.1973, c.337 (C.26:2J-1 et seq.).

(cf: P.L.1997 c.296, s.2)

 

     246.  Section 3 of P.L.2003, c.105 (C.26:2H-94) is amended to read as follows:

     3.    As used in this act:

     "Commissioner" means the Commissioner of [Health and Senior Services] Human Services.

     "Department" means the Department of [Health and Senior Services] Human Services.

     "Director" means the Director of the Division of Taxation in the Department of the Treasury.

     "Fund" means the "Nursing Home Quality of Care Improvement Fund" established pursuant to this act.

     "Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     "Nursing home" means a long-term care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), as well as the distinct part of another health care facility or continuing care retirement community that is licensed to provide skilled nursing care services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).  For the purposes of this act, nursing home shall not include: an acute care hospital; assisted living facility; comprehensive personal care home; residential health care facility; adult day health care facility; alternate family care program; adult family care program; home health care agency; State psychiatric hospital; county health care facility, including, but not limited to, county geriatric center, county nursing home or other county long-term care facility; the New Jersey Firemen's Home; or a health care facility operated by the Department of Military and Veterans' Affairs.

(cf: P.L.2004, c.41, s.1)

 

     247.  Section 4 of P.L.2003, c.105 (C.26:2H-95) is amended to read as follows:

     4.    The "Nursing Home Quality of Care Improvement Fund" is established as a nonlapsing fund in the Department of the Treasury.  The fund shall be administered by the State Treasurer, in consultation with the Commissioner of [Health and Senior Services] Human Services or [his] the commissioner’s designee, who shall be responsible for the oversight, coordination, and disbursement of fund monies, and shall be credited with monies received pursuant to section 6 of this act, except for those monies which are deposited into the General Fund in accordance with the provisions of that section.

     a.     The fund shall be comprised of:

     (1)   revenues from assessments paid by nursing homes pursuant to section 5 of this act;

     (2)   matching federal funds received pursuant to Title XIX of the federal Social Security Act (42 U.S.C. s.1396 et seq.) that result from the expenditure of revenues from assessments collected pursuant to section 5 of this act;

     (3)   General Fund revenues, as necessary, to allow for the per diem add-on payments pursuant to subsection d. of section 6 of this act until the revenue from the assessment has been collected.  Upon collection of the revenue from the assessment, the General Fund shall be repaid within 90 days; and

     (4)   any interest or other income earned on monies deposited into the fund.

     b.    Any disbursement of monies from the fund shall be used solely for Medicaid nursing home add-ons as provided for under section 6 of this act, which shall not in any manner render the assessment mechanism set forth in section 5 of this act to be in violation of the hold harmless provisions of 42 C.F.R. s.433.68(f).

     c.     The State Treasurer shall provide by regulation for such measures as are required to ensure the integrity of the fund.

     d.    The State Treasurer shall establish separate accounts within the fund as are needed to efficiently manage and disburse fund monies.

     e.     Monies in the fund shall not be used to supplant appropriations from the General Fund to the department [or the Department of Human Services] for use in securing matching federal funds not otherwise provided for in this act.

     f.     The Director of the Division of Taxation shall be responsible for collecting the assessments.

(cf: P.L.2003, c.105, s.4)

 

     248.  Section 3 of P.L.2005, c.233 (C.26:2H-104) is amended to read as follows:

     3.    As used in this act:

     "Adult" means an individual 18 years of age or older.

     "Advance directive for mental health care" or "advance directive" means a writing executed in accordance with the requirements of this act.  An "advance directive" may include a proxy directive or an instruction directive, or both.

     "Decision-making capacity" means a patient's ability to understand and appreciate the nature and consequences of mental health care decisions, including the benefits and risks of each, and alternatives to any proposed mental health care, and to reach an informed decision.  A patient's decision-making capacity is evaluated relative to the demands of a particular mental health care decision.

     "Declarant" means a competent adult who executes an advance directive for mental health care.

     "Domestic partner" means a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3).

     "Instruction directive" means a writing which provides instructions and direction regarding the declarant's wishes for mental health care in the event that the declarant subsequently lacks decision-making capacity.

     "Mental health care decision" means a decision to accept or refuse any treatment, service, or procedure used to diagnose, treat, or care for a patient's mental condition.  "Mental health care decision" also means a decision to accept or refuse the services of a particular mental health care professional or psychiatric facility, including a decision to accept or to refuse a transfer of care.

     "Mental health care professional" means an individual licensed or certified by this State to provide or administer mental health care in the ordinary course of business or practice of a profession.

     "Mental health care representative" means the individual designated by a declarant pursuant to the proxy directive part of an advance directive for mental health care for the purpose of making mental health care decisions on the declarant's behalf, and includes an individual designated as an alternate mental health care representative who is acting as the declarant's mental health care representative in accordance with the terms and order of priority stated in an advance directive for mental health care. 

     "Patient" means an individual who is under the care of a mental health care professional. 

     "Proxy directive" means a writing which designates a mental health care representative in the event that the declarant subsequently lacks decision-making capacity. 

     "Psychiatric facility" means a State psychiatric facility listed in R.S.30:1-7, a county psychiatric hospital or the psychiatric unit of a county hospital, a short-term care facility, special psychiatric hospital or psychiatric unit of a general hospital or other health care facility licensed by the Department of Health [and Senior Services] pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or a hospital or community-based mental health center or other entity licensed or funded by the Department of Human Services to provide community-based mental health services.

     "Responsible mental health care professional" means a person licensed or certified by the State to provide or administer mental health care who is selected by, or assigned to, the patient and has primary responsibility for the care and treatment of the patient.

     "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(cf: P.L.2005 c.233, s.3)

 

     249.  Section 16 of P.L.2005, c.233 (C.26:2H-117) is amended to read as follows:

     16.  In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health [and Senior Services], in consultation with the Commissioner of Human Services, shall adopt rules and regulations, with respect to psychiatric facilities licensed by the Department of Health [and Senior Services],  to:

     a.     provide for the annual reporting by those psychiatric facilities to the Department of Health [and Senior Services], and the gathering of such additional data, as is reasonably necessary to oversee and evaluate the implementation of this act; except that the commissioner shall seek to minimize the burdens of record-keeping imposed by the rules and regulations and ensure the appropriate confidentiality of patient records; and

     b.    require those psychiatric facilities to adopt policies and practices designed to: 

     (1)   make routine inquiry, at the time of admission and at such other times as are appropriate under the circumstances, concerning the existence and location of an advance directive for mental health care;

     (2)   provide appropriate informational materials concerning advance directives for mental health care, including information about the registry of advance directives for mental health care established or designated pursuant to section 17 of this act, to all interested patients and their families and mental health care representatives, and to assist patients interested in discussing and executing an advance directive for mental health care, as well as to encourage declarants to periodically review their advance directives for mental health care as needed;

     (3)   inform mental health care professionals of their rights and responsibilities under this act, to assure that the rights and responsibilities are understood, and to provide a forum for discussion and consultation regarding the requirements of this act; and

     (4)   otherwise comply with the provisions of this act.

(cf: P.L.2005, c.233, s.16)


     250.  Section 18 of P.L.2005, c.233 (C.26:2H-118) is amended to read as follows:

     18.  The Department of Health [and Senior Services] 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 necessary, within five years after the effective date of this act.

(cf:  P.L.2005, c.233, s.18)

 

     251.  Section 19 of P.L.2005, c.233 (C.26:2H-119) is amended to read as follows:

     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 directive for mental health care.

     b.    A mental health care professional shall not be subject to criminal or civil liability, or to discipline by the psychiatric facility or the respective State licensing board for professional misconduct, for any actions performed to carry out the terms of an advance directive for mental health care in good faith and in accordance with:  the provisions of this act; any rules and regulations adopted by the Commissioner of Health [and Senior Services] or the Commissioner of Human Services pursuant to this act; and accepted professional standards.

     c.     A psychiatric facility 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 directive for mental health care.

(cf:  P.L.2005, c.233, s.19)

 

     252.  Section 1 of P.L.2006, c.75 (C.26:2H-126) is amended as follows:

     1.    a. Except as provided in subsection b. of this section, at least 60 days prior to the proposed date of the closing or relocation of a nursing home or assisted living residence licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), the nursing home or assisted living administrator shall notify, in writing, a resident of the facility, the resident's legal representative, if applicable, and the Department of Health [and Senior Services] of the closing or relocation of the facility.

     b.    The Commissioner of Health [and Senior Services] may waive the 60-day notice requirement in subsection a. of this section if the commissioner determines that an emergency situation warrants a more immediate closure or relocation of the nursing home or assisted living residence. In the case of such an emergency situation, the administrator of the facility shall notify, in writing, a resident, the resident's legal representative, if applicable, and the Department of Health [and Senior Services] of the closure or relocation as soon as practicable.

     As used in this section, an "emergency situation" may include:  the suspension or revocation of the facility license by the commissioner; decertification of the facility by the federal Medicare program established pursuant to Title XVIII of the "Social Security Act," Pub.L.89-97 (42 U.S.C. s.1395 et seq.), or the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); or any other event as prescribed by regulation of the commissioner.

(cf: P.L.2006, c.75, s.1)

 

     253.  Section 1 of P.L.2009, c.55 (C.26:2H-127) is amended to read as follows:

     1.    a.  An assisted living facility licensed by the Department of Health [and Senior Services] pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that requires a new resident, as a condition of admission to the facility, to pay a one-time security deposit, which is in addition to the regular monthly rental and services charges, shall provide that the deposit plus interest earned on the deposit is refundable to the resident or other designated person upon the resident's vacating the facility if the resident provides the facility with 30 days' notice that the resident intends to vacate the facility.

     b.    The facility may deduct an amount not to exceed one percent per annum of the amount of the invested or deposited security deposit for the cost of servicing and processing an account containing a security deposit.

(cf: P.L.2009, c.55, s.1)

 

     254.  Section 1 of P.L.2011, c.58 (C.26:2H-128) is amended to read as follows:

     1.    a. Each assisted living facility and comprehensive personal care home provider licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall distribute to each resident and post in a conspicuous, public place in the facility or home, as applicable, a statement of resident rights.  The statement of rights shall include, at a minimum, the rights set forth in subsection b. of this section.  Each resident, resident family member, and legally appointed guardian, as applicable, shall be informed of the resident rights, and provided with explanations if needed.  The provider shall ensure that each resident, or the resident's legally appointed guardian, as applicable, signs a copy of the statement of rights.

     b.    Every resident of an assisted living facility or comprehensive personal care home that is licensed in the State shall have the right to:

     (1)   receive personalized services and care in accordance with the resident's individualized general service or health service plan;

     (2)   receive a level of care and services that address the resident's changing physical and psychosocial status;

     (3)   have [his or her] the resident’s independence and individuality;

     (4)   be treated with respect, courtesy, consideration, and dignity;

     (5)   make choices with respect to services and lifestyle;

     (6)   privacy;

     (7)   have or not to have families' and friends' participation in resident service planning and implementation;

     (8)   receive pain management as needed, in accordance with Department of Health [and Senior Services] regulations;

     (9)   choose a physician, advanced practice nurse, or physician assistant;

     (10) appeal an involuntary discharge as specified in department regulations;

     (11)  receive written documentation that fee increases based on a higher level of care are based on reassessment of the resident and in accordance with department regulations;

     (12) receive a written explanation of fee increases that are not related to increased services, upon request by the resident;

     (13) participate, to the fullest extent that the resident is able, in planning [his or her] the resident’s own medical treatment and care;

     (14) refuse medication and treatment after the resident has been informed, in language that the resident understands, of the possible consequences of this decision;

     (15) refuse to participate in experimental research, including the investigations of new drugs and medical devices, and to be included in experimental research only when the resident gives informed, written consent to such participation;

     (16) be free from physical and mental abuse and neglect;

     (17) be free from chemical and physical restraints, unless a physician, advanced practice nurse, or physician assistant authorizes the use for a limited period of time to protect the resident or others from injury.  Under no circumstances shall a resident be confined in a locked room, or restrained, including with the use of excessive drugs, for punishment or for the convenience of staff;

     (18) manage the resident's own finances, and to delegate that responsibility to a family member, assigned guardian, facility administrator, or some other individual with power of attorney.  The resident's authorization delegating such authority shall be witnessed and in writing;

     (19) receive prior to or at the time of admission, and afterwards through addenda, an admission agreement that complies with all applicable State and federal laws, describes the services provided and the related charges, and includes the policies for payment of fees, deposits, and refunds;

     (20) receive a quarterly written account of the resident's funds, the itemized property deposited with the facility for the resident's use and safekeeping, and all financial transactions with the resident, next-of-kin, or guardian, which account shall show the amount of property in the account at the beginning and end of the accounting period, as well as a list of all deposits and withdrawals, substantiated by receipts given to the resident or the resident's guardian;

     (21) have daily access during specified hours to the money and property that the resident has deposited with the facility, and to delegate, in writing, this right of access to a representative;

     (22) live in safe and clean conditions that do not admit more residents than can safely be accommodated;

     (23) not be arbitrarily and capriciously moved to a different bed or room;

     (24) wear the resident's own clothes;

     (25) keep and use the resident's personal property, unless doing so would be unsafe, impractical, or an infringement on the rights of other residents;

     (26) reasonable opportunities for private and intimate physical and social interaction with other people, including the opportunity to share a room with another individual unless it is medically inadvisable;

     (27) confidential treatment with regard to information about the resident, subject to the requirements of law;

     (28) receive and send mail in unopened envelopes, unless the resident requests otherwise, and the right to request and receive assistance in reading and writing correspondence unless medically contraindicated;

     (29) have a private telephone in the resident's living quarters at the resident's own expense;

     (30) meet with any visitors of the resident's choice, at any time, in accordance with facility policies and procedures;

     (31) take part in activities, and to meet with and participate in the activities of any social, religious, and community groups, as long as these activities do not disrupt the lives of other residents;

     (32) refuse to perform services for the facility;

     (33) request visits at any time by representatives of the religion of the resident's choice and, upon the resident's request, to attend outside religious services at the resident's own expense;

     (34) participate in meals, recreation, and social activities without being subjected to discrimination based on age, race, religion, sex, marital status, nationality, or disability;

     (35) organize and participate in a resident council that presents residents' concerns to the administrator of the facility;

     (36) be transferred or discharged only in accordance with the terms of the admission agreement and with N.J.A.C. 8:36-5.1(d);

     (37) receive written notice at least 30 days in advance when the facility requests the resident's transfer or discharge, except in an emergency, which notice shall include the name and contact information for the New Jersey Office of the Ombudsman for the Institutionalized Elderly;

     (38) receive a written statement of resident rights and any regulations established by the facility involving resident rights and responsibilities;

     (39) retain and exercise all constitutional, civil, and legal rights to which the resident is entitled by law;

     (40) voice complaints without fear of interference, discharge, reprisal, and obtain contact information respecting government agencies to which residents can complain and ask questions, which information also shall be posted in a conspicuous place in the facility;

     (41) hire a private caregiver or companion at the resident's expense and responsibility, as long as the caregiver or companion complies with the facility's policies and procedures; and

     (42) obtain medications from a pharmacy of the resident's choosing, as long as the pharmacy complies with the facility's medication administration system, if applicable.

(cf: P.L.2011, c.58, s.1)

 

     255.  Section 3 of P.L.2011, c.145 (C.26:2H-131) is amended to read as follows:

     3.    As used in sections 1 through 12 of this act:

     "Advance directive" means an advance directive for health care as defined in section 3 of P.L.1991, c.201 (C.26:2H-55).

     "Advanced practice nurse" or "APN" means a person who is certified as an advanced practice nurse pursuant to P.L.1991, c.377 (C.45:11-45 et seq.).

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Decision-making capacity" means a patient's ability to understand and appreciate the nature and consequences of a particular health care decision, including the benefits and risks of that decision, and alternatives to any proposed health care, and to reach an informed decision.

     "Department" means the Department of Health [and Senior Services].

     "Emergency care" means the use of resuscitative measures and other immediate treatment provided in response to a sudden, acute, and unanticipated medical crisis in order to avoid injury, impairment, or death.

     "Emergency care provider" means an emergency medical technician, paramedic, or member of a first aid, ambulance, or rescue squad.

     "Health care decision" means a decision to accept, withdraw, or refuse a treatment, service, or procedure used to diagnose, treat, or care for a person's physical or mental condition, including life-sustaining treatment.

     "Health care institution" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a psychiatric facility as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), or a State developmental center listed in R.S.30:1-7.

     "Health care professional" means a health care professional who is licensed or otherwise authorized to practice a health care profession pursuant to Title 45 or 52 of the Revised Statutes and is currently engaged in that practice.

     "Life-sustaining treatment" means the use of any medical device or procedure, artificially provided fluids and nutrition, drugs, surgery, or therapy that uses mechanical or other artificial means to sustain, restore, or supplant a vital bodily function, and thereby increase the expected life span of a patient.

     "Patient" means a person who is under the care of a physician or APN.

     "Patient's representative" means an individual who is designated by a patient or otherwise authorized under law to make health care decisions on the patient's behalf if the patient lacks decision-making capacity.

     "Physician" means a person who is licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes.

     "Physician Orders for Life-Sustaining Treatment form" or "POLST form" means a standardized printed document that is uniquely identifiable and has a uniform color, which:

     a.     is recommended for use on a voluntary basis by patients who have advanced chronic progressive illness or a life expectancy of less than five years, or who otherwise wish to further define their preferences for health care;

     b.    does not qualify as an advance directive;

     c.     is not valid unless it meets the requirements for a completed POLST form as set forth in this act;

     d.    provides a means by which to indicate whether the patient has made an anatomical gift pursuant to P.L.2008, c.50 (C.26:6-77 et al.);

     e.     is intended to provide direction to emergency care personnel regarding the use of emergency care, and to a health care professional regarding the use of life-sustaining treatment, with respect to the patient, by indicating the patient's preference concerning the use of specified interventions and the intensity of treatment for each intervention;

     f.     is intended to accompany the patient, and to be honored by all personnel attending the patient, across the full range of possible health care settings, including the patient's home, a health care institution, or otherwise at the scene of a medical emergency; and

     g.     may be modified or revoked at any time by a patient with decision-making capacity or the patient's representative in accordance with the provisions of section 7 of this act.

     "Resuscitative measures" means cardiopulmonary resuscitation provided in the event that a patient suffers a cardiac or respiratory arrest.

(cf: P.L.2011, c.145, s.3)

 

     256.  Section 5 of P.L.2011, c.145 (C.26:2H-133) is amended to read as follows:

     5.    The Commissioner of Health [and Senior Services] shall designate a patient safety organization (PSO) operating in this State pursuant to the federal "Patient Safety and Quality Improvement Act of 2005," Pub.L.109-41, to carry out the following responsibilities, by mutual written agreement of the commissioner and that PSO:

     a.     prescribe a POLST form and the procedures for completion, modification, and revocation of the form;

     b.    seek to promote awareness among health care professionals, emergency care providers, and the general public in this State about the option to complete a POLST form;

     c.     provide ongoing training of health care professionals and emergency care providers about the use of the POLST form, in consultation with organizations representing, and educational programs serving, health care professionals and emergency care providers, respectively, in this State;

     d.    prescribe additional requirements for the completion of a POLST form that may be applicable in the case of a patient with mental illness or a developmental disability in consultation with organizations that represent persons with mental illness and developmental disabilities, respectively;

     e.     provide for ongoing evaluation of the design and use of POLST forms through the use of such data as the PSO determines reasonably necessary for that purpose, subject to the commissioner's written approval; and

     f.     seek to minimize any record-keeping burden imposed on a health care institution pursuant to this act and take such actions as are necessary to ensure the confidentiality of any [such] data furnished to the PSO that may contain patient-specific information.

(cf:  P.L.2011, c.145, s.5)

 

     257.  Section 11 of P.L.2011, c.145 (C.26:2H-139) is amended to read as follows:

     11.  a. A health care professional who intentionally fails to act in accordance with the requirements of this act is subject to discipline for professional misconduct pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).

     b.    A health care institution that intentionally fails to act in accordance with the requirements of this act shall be liable to a civil penalty of not more than $1,000 for each offense.  For the purposes of this subsection, each violation shall constitute a separate offense.  The civil penalty shall be collected in a summary proceeding, brought in the name of the State in a court of competent jurisdiction pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     c.     An emergency care provider subject to regulation by the Department of Health [and Senior Services] who intentionally fails to act in accordance with the requirements of this act is subject to such disciplinary measures as the commissioner deems necessary and within his statutory authority to impose.

     d.    A person who commits any of the following acts is guilty of a crime of the fourth degree:

     (1)   willfully concealing, canceling, defacing, obliterating, or withholding personal knowledge of a completed POLST form or a modification or revocation thereof, without the patient's consent;

     (2)   falsifying or forging a completed POLST form or a modification or revocation thereof of another person;

     (3)   coercing or fraudulently inducing the completion of a POLST form or a modification or revocation thereof; or

     (4)   requiring or prohibiting the completion of a POLST form or a modification or revocation thereof as a condition of coverage under any policy of health or life insurance or an annuity, or a public benefits program, or as a condition of the provision of health care.

     e.     The commission of an act identified in paragraph (1), (2), or (3) of subsection d. of this section, which results in the involuntary earlier death of a patient, shall constitute a crime of the first degree.

     f.     The provisions of this section shall not be construed to repeal any sanctions applicable under any other law.

(cf: P.L.2011, c.145, s.11)

 

     258.  Section 3 of P.L.1972, c.29 (C.26:2I-3) is amended to read as follows:

     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 this act or any board, body, commission, department, or officer succeeding to the principal functions thereof or to whom the powers conferred upon the authority by this act shall be given by law.

     "Bond" means bonds, notes, or other evidences of indebtedness of the authority issued pursuant to this act.

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Credit agreement" means a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, interest exchange agreement, insurance contract, surety bond, commitment to purchase bonds, purchase or sale agreement, or commitment or other contract or agreement authorized and approved by the authority in connection with the authorization, issuance, security or payment of bonds.

     "Health care organization" means an organization located in this State which is authorized or permitted by law, whether directly or indirectly through a holding corporation, partnership, or other entity, to provide health care-related services, including, but not limited to, hospital, outpatient, public health, home health care, residential care, assisted living, hospice, health maintenance organization, blood bank, alcohol or drug abuse, half-way house, diagnostic, treatment, rehabilitation, extended care, skilled nursing care, nursing care, intermediate care, tuberculosis care, chronic disease care, maternity, mental health, boarding or sheltered care or day care, services provided by a physician in his office, or any other service offered in connection with health care services or by an entity affiliated with a health care organization or an integrated delivery system.

     "Hospital asset transformation program" means the hospital asset transformation program established pursuant to subsection g. of section 7 of P.L.1972, c.29 (C.26:2I-7).

     "Integrated delivery system" means a group of legally affiliated health care organizations.

     "Public health care organization" means a State, county, or municipal health care organization.

     "Project" or "health care organization project" means the acquisition, construction, improvement, renovation, or rehabilitation of lands, buildings, fixtures, equipment, and articles of personal property, or other tangible or intangible assets that are necessary or useful in the development, establishment, or operation of a health care organization pursuant to this act, and "project" or "health care organization project" may include: the financing, refinancing, or consolidation of secured or unsecured debt, borrowings, or obligations, or the provision of financing for any other expense incurred in the ordinary course of business, all of which lands, buildings, fixtures, equipment, and articles of personal property are to be used or occupied by any person in the health care organization; the acquisition of an entity interest, including capital stock, in a corporation; or any combination thereof; and may include any combination of the foregoing undertaken jointly by any health care organization with one or more other health care organizations.

     "Project cost" or "health care organization project cost" means the sum total of all or any part of costs incurred or estimated to be incurred by the authority or by a health care organization which are reasonable and necessary for carrying out all works and undertakings and providing all necessary equipment for the development of a project, exclusive of the amount of any private or federal, State, or local financial assistance for and received by a health care organization for the payment of such project cost.  Such costs shall include, but are not necessarily limited to: interest prior to, during and for a reasonable period after such development; start-up costs and costs of operation and maintenance during the construction period and for a reasonable additional period thereafter; organization, administration, operation, and other expenses of the health care organization prior to and during construction; the cost of necessary studies, surveys, plans, and specifications, architectural, engineering, legal, or other special services; the cost of acquisition of land, buildings, and improvements thereon (including payments for the relocation of persons displaced by such acquisition), site preparation and development, construction, reconstruction, equipment, including  fixtures, equipment, and cost of demolition and removal, and articles of personal property required; the reasonable cost of financing incurred by a health care organization or the authority in the course of the development of the project; reserves for debt service; the fees imposed upon a  health care organization by the commissioner and by the authority;  other fees charged, and necessary expenses incurred in connection with the initial occupancy of the project; and the cost of such other items as may be reasonable and necessary for the development of a project; as well as provision or reserves for working capital, operating or maintenance or replacement expenses, or for payment or security of principal of, or interest on, bonds.

(cf: P.L.2000, c.98, s.2)

 

     259.  Section 4 of P.L.1972, c.29 (C.26:2I-4) is amended to read as follows:

     4.    a.  There is hereby established in the Department of Health [and Senior Services], a public body corporate and politic, with corporate succession, to be known as the "New Jersey Health Care Facilities Financing Authority."  The authority shall constitute a political subdivision of the State established as an instrumentality exercising public and essential governmental functions, and the exercise by the authority of the powers conferred by this act shall be deemed and held to be an essential governmental function.

     b.    The authority shall consist of seven members, three of whom shall be the commissioner, who shall be the chairman, the Commissioner of Banking and Insurance, and the Commissioner of Human Services, who shall serve during their terms of office, or when so designated by them, their deputies or other representatives, who shall serve at their pleasure, and four public members who are citizens of the State to be appointed by the Governor, with the  advice and consent of the Senate for terms of four years; provided that the four members first appointed by the Governor shall serve terms expiring on the first, second, third, and fourth, respectively, April 30 ensuing after the  enactment of this act.  Each member shall hold office for the term of [his] the member’s appointment and until [his] the member’s successor shall have been appointed and qualified.  Any vacancy among the public members shall be filled by appointment for the unexpired term only.

     c.     Any member of the authority appointed by the Governor may be removed from office by the Governor for cause after a public hearing.

     d.    The members of the authority shall serve without compensation, but the authority may reimburse its members for necessary expenses incurred in the discharge of their official duties.

     e.     The authority, upon the first appointment of its members and thereafter on or after April 30 in each year, shall annually elect from among its members a vice chairman who shall hold office until April 30 next ensuing and shall continue to serve during the term of his successor and until his successor shall have been appointed and qualified.  The authority may also appoint, retain, and employ, without regard to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, such officers, agents, and employees as it may require, and it shall determine their qualifications, terms of office, duties, services, and compensation.

     f.     The powers of the authority shall be vested in the members thereof in office from time to time and a majority of the total authorized membership of the authority shall constitute a quorum at any meeting thereof.  Action may be taken and motions and resolutions adopted by the authority at any meeting thereof by the affirmative vote of a majority of the members present, unless in  any case the bylaws of the authority shall require a larger number.  No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

     g.     Each member and the treasurer of the authority shall execute a bond to be conditioned upon the faithful performance of the duties of such member or treasurer, as the case may be, in such form and amount as may be prescribed by the Attorney General.  Such bonds shall be filed in the office of the Secretary of State.  At all times thereafter the members and treasurer of the authority shall maintain such bonds in full force and effect.  All costs of such bonds shall be borne by the authority.

     h.     No trustee, director, officer, or employee of a health care organization may serve as a member of the authority.

     i.      At least two true copies of the minutes of every meeting of the authority shall be forthwith delivered by and under the certification of the secretary thereof, to the Governor.  No action taken at such meeting by the authority shall have force or effect until 10 days, exclusive of Saturdays, Sundays, and public holidays, after such copies of the minutes shall have been so delivered or at such earlier time as the Governor shall sign a statement of approval thereof.  If, in said 10-day period, the Governor returns a copy of the minutes with veto of any action taken by the authority or any member thereof at such meeting, such action shall be null and of no effect.  If the Governor shall not return the minutes within said 10-day period, any action therein recited shall have force and effect according to the wording thereof.  At any time prior to the expiration of the said 10-day period, the Governor may sign a statement of approval of all or any such action of the authority.

     The powers conferred in this subsection upon the Governor shall be exercised with due regard for the rights of the holders of bonds of the authority at any time outstanding.

(cf: P.L.1997, c.435, s.4)

 

     260.  Section 5 of P.L.1972, c.29 (C.26:2I-5) is amended to read as follows:

     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 and alter the same at pleasure.

     c.     To maintain an office at such place or places within the State as it may designate.

     d.    To sue and be sued in its own name.

     e.     To borrow money and to issue bonds of the authority and to provide for the rights of the holders thereof as provided in this act.

     f.     To acquire, lease as lessee or lessor, hold and dispose of real and personal property or any interest therein, in the exercise of its powers and the performance of its duties under this act.

     g.     To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, any land or interest therein and other property which it may determine is reasonably necessary for any project; and to hold and use the same and to sell, convey, lease1,1 or otherwise dispose of property so acquired, no longer necessary for the authority's purposes, for fair consideration after public notice.

     h.     To receive and accept, from any federal or other public agency or governmental entity directly or through the Department of Health 1[and Senior Services]1 or any other agency of the State or any health care organization, grants or loans for or in aid of the acquisition or construction of any project, and to receive and accept aid or contributions from any other source, of either money, property, labor or other things of value, to be held, used1,1 and applied only for the purposes for which such grants, loans and1,1 contributions may be made.

     i.      To prepare or cause to be prepared plans, specifications, designs1,1 and estimates of costs for the construction and equipment of health care organization projects for health care organizations under the provisions of this act, and from time to time to modify such plans, specifications, designs1,1 or estimates.

     j.     By contract or contracts with and for health care organizations only, to construct, acquire, reconstruct, rehabilitate and improve, and furnish and equip health care organization projects.  The authority, in the exercise of its authority to make and enter into contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, shall adopt standing rules and procedures providing that, except as hereinafter provided, no contract on behalf of the authority shall be entered into for the doing of any work, or for the hiring of equipment or vehicles, where the sum to be expended exceeds the sum of 1[$7,500.00] $7,5001 or the amount determined as provided in this subsection, unless the authority shall first publicly advertise for bids therefor, and shall award the contract to the lowest responsible bidder; provided, however, that such advertising shall not be required where the contract to be entered into is one for the furnishing or performing of services of a professional nature or for the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the Board of Public Utilities, and tariffs and schedules of the charges, made, charged, or exacted by the public utility for any such products to be supplied or services to be rendered are filed with said board.  The Governor, in consultation with the Department of the Treasury, shall, no later than March 1 of each odd-numbered year, adjust the threshold amount set forth in this subsection, or subsequent to 1985 the threshold amount resulting from any adjustment under this subsection or section 17 of P.L.1985, c.469, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor.  The Governor shall, no later than June 1 of each odd-numbered year, notify the authority of the adjustment.  The adjustment shall become effective July 1 of each odd-numbered year.

     k.    To determine the location and character of any project to be undertaken, subject to the provisions of this act, and subject to State health and environmental laws, to construct, reconstruct, maintain, repair, lease as lessee or lessor, and regulate the same and operate the same in the event of default by a health care organization of its obligations and agreements with the authority; to enter into contracts for any or all such purposes; and to enter into contracts for the management and operation of a project in the event of default as herein provided.  The authority shall use its best efforts to conclude its position as an operator as herein provided as soon as is practicable.

     l.      To establish rules and regulations for the use of a project or any portion thereof and to designate a health care organization as its agent to establish rules and regulations for the use of a project undertaken by such a health care organization.

     m.    Generally to fix and revise from time to time and to charge and collect rates, rents, fees1,1 and other charges for the use of and for the services furnished or to be furnished by a project or any portion thereof and to contract with holders of its bonds and with any other person, party, association, corporation or other body, public or private, in respect thereof.

     n.     To enter into agreements, credit agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient1,1 or desirable for the purposes of the authority or to carry out any power expressly given in this act.

     o.    To invest any moneys held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, at the discretion of the authority, in such obligations as are authorized by resolution of the authority.

     p.    To obtain, or aid in obtaining, from any department or agency of the United States any insurance or guarantee as to, or of, or for the payment or repayment of interest or principal, or both, or any part thereof, on any loan or any instrument evidencing or securing the same, made or entered into pursuant to the provisions of this act; and notwithstanding any other provisions of this act, to enter into agreement, contract1,1 or any other instrument whatsoever with respect to any such insurance or guarantee, and accept payment in such manner and form as provided therein in the event of default by the borrower.

     q.    To obtain from any department or agency of the United States or a private insurance company any insurance or guarantee as to, or of, or for the payment or repayment of interest or principal, or both, or any part thereof, on any bonds issued by the authority pursuant to the provisions of this act; and notwithstanding any other provisions of this act, to enter into any agreement, contract1,1 or any other instrument whatsoever with respect to any such insurance or guarantee, except to the extent that such action would in any way impair or interfere with the authority's ability to perform and fulfill the terms of any agreement made with the holders of the bonds of the authority.

     r.     To receive and accept, from any department or agency of the United States or of the State or from any other entity, any grant, appropriation1,1 or other moneys to be used for or applied to any corporate purpose of the authority, including without limitation the meeting of debt service obligations of the authority in respect of its bonds.

     s.     Subject to the approval of the State Treasurer, to grant or loan all or any portion of the funds received pursuant to subsection g. of section 7 of P.L.1972, c.29 (C.26:2I-7) in connection with the hospital asset transformation program.

(cf:  P.L.2000, c.98, s.3)

 

     261.  Section 21 of P.L.1972, c.29 (C.26:2I-21) is amended to read as follows:

     21.  The Department of Health [and Senior Services], 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 such information and in such form as [such] the department or commissioner shall prescribe.

(cf: P.L.1997, c.435, s.8)

 

     262.  Section 23 of P.L.1972, c.29 (C.26:2I-23) is amended to read as follows:

     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 organizations or additions or improvements thereto or modernization thereof or for any one or more of said purposes but for no other purpose unless authorized by law, each of the following bodies shall have the powers hereafter enumerated to be exercised upon such terms and conditions, including the fixing of fair consideration or rental to be paid or received, as it shall determine by resolution as to such property and each shall be subject to the performance of the duties hereafter enumerated, that is to say, the Department of Health [and Senior Services] as to such as are located on land owned by, or owned by the State and held for, any State institution or on lands of the institutions under the jurisdiction of the Department of Health [and Senior Services] or of the Department of Human Services, or by the authority, the Commissioner of Human Services as to State institutions operated by that department, the board of  trustees or governing body of any public health care organization, the board of trustees of the University of Medicine and Dentistry of New Jersey, as to such as are located on land owned by the university, or by the State for the university, the State or by the particular public health care organization, respectively, namely:

     a.     The power to sell and to convey to the authority title in fee simple in any such land and any existing health care facility thereon owned by the State and held for any department thereof or of any of the institutions under the jurisdiction of the Department of Health [and Senior Services] or the power to sell and to convey to the authority such title as the State or the public health care organization, respectively, may have in any such land and any existing health care facility thereon.

     b.    The power to lease to the authority any land and any existing health care facility thereon so owned for a term or terms not exceeding 50 years each.

     c.     The power to lease or sublease from the authority, and to make available, any such land and existing health care facility conveyed or leased to the authority under subsections a. and b. of this section, and any new health care facility erected upon such land or upon any other land owned by the authority.

     d.    The power and duty, upon receipt of notice of any assignment by the authority of any lease or sublease made under subsection c. of this section, or of any of its rights under any such lease or sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by the authority.

(cf:  P.L.1997, c.435, s.9)

 

     263.  Section 6 of P.L.1991, c.279 (C.26:2J-4.4) is amended to read as follows:

     6.    Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of 1[Health]1 [and Senior Services] 1Banking and Insurance1 on or after the effective date of this act unless the health maintenance organization provides health care services to any enrollee for the conduct of: one baseline mammogram examination for women who are at least 35 but less than 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider.

     These health care services shall be provided to the same extent as for any other sickness under the enrollee agreement.

     The provisions of this section shall apply to all enrollee agreements in which the health maintenance organization has reserved the right to change the schedule of charges. 

(cf:  P.L.2004, c.86, s.6)

 

     264.  Section 8 of P.L.1993, c.327 (C.26:2J-4.6) is amended to read as follows:

     8.    a. Notwithstanding any provision of this act or any other law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of Health [and Senior Services] on or after the effective date of this act unless the health maintenance organization provides health care services to any enrollee which include a health promotion program providing health wellness examinations and [counselling] counseling, which program shall include, but not be limited to, the following tests and services:

     (1)   For all persons 20 years of age and older, annual tests to determine blood hemoglobin, blood pressure, blood glucose level, and blood cholesterol level or, alternatively, low-density lipoprotein (LDL) level, and blood high-density lipoprotein (HDL) level;

     (2)   For all persons 35 years of age or older, a glaucoma eye test every five years;

     (3)   For all persons 40 years of age or older, an annual stool examination for presence of blood;

     (4)   For all persons 45 years of age or older, a left-sided colon examination of 35 to 60 centimeters every five years;

     (5)   For all women 20 years of age or older, a pap smear pursuant to the provisions of section 5 of P.L.1995, c.415 (C.26:2J-4.12);

     (6)   For all women 40 years of age or older, a mammogram examination pursuant to the provisions of section 6 of P.L.1991, c.279 (C.26:2J-4.4);

     (7)   For all adults, recommended immunizations; and

     (8)   For all persons 20 years of age or older, an annual consultation with a health care provider to discuss lifestyle behaviors that promote health and well-being including, but not limited to, smoking control, nutrition and diet recommendations, exercise plans, lower back protection, weight control, immunization practices, breast self-examination, testicular self-examination, and seat belt usage in motor vehicles.

     Notwithstanding the provisions of this subsection to the contrary, if a physician or other health care provider recommends that it would be medically appropriate for an enrollee to receive a different schedule of tests and services than that provided for under this subsection, the health maintenance organization shall provide coverage for the tests or services actually provided, within the limits of the amounts listed in subsection b. of this section.

     b.    A health maintenance organization shall not be required to offer services to enrollees set forth in subsection a. of this section for which the value exceeds: $125 a year for each person between the ages of 20 to 39, inclusive; $145 a year for each man age 40 and over; and $235 a year for each woman age 40 and over; except that for persons 45 years of age or older, the value of a left-sided colon examination shall not be included in the above amount; however, no health maintenance organization shall be required to provide services to enrollees for a left-sided colon examination with a value in excess of $150.

     c.     The Commissioner of Health [and Senior Services], in consultation with the Department of the Treasury, shall annually adjust the threshold amounts provided by subsection b. of this section in direct proportion to the increase or decrease in the consumer price index for all urban consumers in the New York City and Philadelphia areas as reported by the United States Department of Labor.  The adjustment shall become effective on July 1 of the year in which it is reported.

     d.    Nothing in this act shall be construed to require that a health maintenance organization take any actions which conflict with the health benefits, underwriting and rating standards established by the federal government pursuant to subchapter XI of Pub.L.93-222 (42 U.S.C. s.300e et seq.).

     e.     This section shall apply to all health maintenance organization contracts in which the right to change the enrollee charge has been reserved.

     f.     The provisions of this section shall not apply to a health benefits plan subject to the provisions of P.L.1992, c.161 (C.17B:27A-2 et seq.) or P.L.1992, c.162 (C.17B:27A-17 et seq.).

(cf:  P.L.1999, c.339, s.6)

 

     265.  Section 4 of P.L.1995, c.316 (C.26:2J-4.10) is amended to read as follows:

     4.    A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.) unless the health maintenance organization offers health care services to any enrollee which include:

     a.     Screening by blood lead measurement for lead poisoning for children, including confirmatory blood lead testing as specified by the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1); and medical evaluation and any necessary medical follow-up and treatment for lead poisoned children.

     b.    All childhood immunizations as recommended by the Advisory Committee on Immunization Practices of the United States Public Health Service and the Department of Health [and Senior Services] pursuant to section 7 of P.L.1995, c.316 (C.26:2-137.1).  A health maintenance organization shall notify its enrollees, in writing, of any change in the health care services provided with respect to childhood immunizations and any related changes in premium.  [Such] The notification shall be in a form and manner to be determined by the Commissioner of Banking and Insurance.

     c.     Screening for newborn hearing loss by appropriate electrophysiologic screening measures and periodic monitoring of infants for delayed onset hearing loss, pursuant to P.L.2001, c.373 (C.26:2-103.1 et al.).  Payment for this screening service shall be separate and distinct from payment for routine new baby care in the form of a newborn hearing screening fee as negotiated with the provider and facility.

     The health care services provided pursuant to this section shall be provided to the same extent as for any other medical condition under the contract, except that a deductible shall not be applied for services provided pursuant to this section; however, with respect to a contract that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), a deductible shall not be applied for any services provided pursuant to this section that represent preventive care as permitted by that federal law, and shall not be applied as provided pursuant to section 12 of P.L.2005, c.248 (C.26:2J-4.29).  This section shall apply to all contracts under which the health maintenance organization has reserved the right to change the schedule of charges for enrollee coverage.

(cf:  P.L.2005, c.248, s.10)

 

     266.  Section 5 of P.L.1995, c.415 (C.26:2J-4.12) is amended to read as follows:

     5.    A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of this act unless the health maintenance organization offers health care services to any enrollee or other person covered thereunder which include a Pap smear.  The health care services shall be provided to the same extent as for any other medical condition under the contract.

     As used in this section, and notwithstanding the provisions of this section to the contrary, "Pap smear" means an initial Pap smear and any confirmatory test when medically necessary and as ordered by the covered person's physician and includes all laboratory costs associated with the initial Pap smear and any [such] confirmatory test.

     The provisions of this section shall apply to all contracts for health care services by health maintenance organizations under which the right to change the schedule of charges for enrollee coverage is reserved.

(cf:  P.L.2001, c.227, s.5)

 

     267.  Section 6 of P.L.1997, c.75 (C.26:2J-4.14) is amended to read as follows:

     6.    A certificate of authority to establish and operate a health maintenance organization in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) shall not be issued or continued by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of P.L.1997, c.75 unless the health maintenance organization provides health care services to any enrollee, following a mastectomy on one breast or both breasts, for reconstructive breast surgery, surgery to restore and achieve symmetry between the two breasts, and prostheses and, under any contract for health care services providing outpatient x-ray or radiation therapy, outpatient chemotherapy following surgical procedures in connection with the treatment of breast cancer shall be included as a part of the outpatient x-ray or radiation therapy.

     The health care services shall be provided to the same extent as for any other medical condition under the contract for health care services.

     The provisions of this section shall apply to all contracts for health care services by health maintenance organizations under which the right to change the schedule of charges for enrollee coverage is reserved.

(cf:  P.L.1997, c.75, s.6)

 

     268.  Section 8 of P.L.1997, c.149 (C.26:2J-4.15) is amended to read as follows:

     8.    a. Every enrollee agreement that provides hospital or medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) or approved for issuance or renewal in this State by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of this act shall provide health care services for a minimum of 72 hours of inpatient care following a modified radical mastectomy and a minimum of 48 hours of inpatient care following a simple mastectomy. The enrollee agreement shall not require a health care provider to obtain authorization from the health maintenance organization for prescribing 72 or 48 hours, as appropriate, of inpatient care as provided for in this section.

     The provisions of this section shall not be construed to: require a patient to receive inpatient care for 72 or 48 hours, as appropriate, if the patient in consultation with the patient's physician determines that a shorter length of stay is medically appropriate; or relieve a patient or a patient's physician, if appropriate, of any notification requirements to the health maintenance organization under the enrollee agreement.

     The health care services shall be provided to the same extent as for any other sickness under the enrollee agreement.

     The provisions of this section shall apply to enrollee agreements in which the health maintenance organization has reserved the right to change the schedule of charges.

     b.    The Commissioner of [Health] Banking and [Senior Services] Insurance shall adopt regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to implement the provisions of this section.

(cf:  P.L.1997, c.149, s.8)

 

     269.  Section 8 of P.L.1997, c.338 (C.26:2J-4.17) is amended to read as follows:

     8.    Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the  Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of this act unless the health maintenance organization provides health care services to each enrollee for the therapeutic treatment of inherited metabolic diseases, including the purchase of medical foods and low protein modified food products, when diagnosed and determined to be medically necessary by the enrollee's physician.

     For the purposes of this section, "inherited metabolic disease" means a disease caused by an inherited abnormality of body chemistry for which testing is mandated pursuant to P.L.1977, c.321 (C.26:2-110 et seq.); "low protein modified food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease, but does not include a natural food that is naturally low in protein; and "medical food" means a food that is intended for the dietary treatment of a disease or condition for which nutritional requirements are established by medical evaluation and is formulated to be consumed or administered enterally under direction of a physician.

     The health care services shall be provided to the same extent as for any other medical condition under the contract.

     The provisions of this section shall apply to all contracts for health care services by health maintenance organizations under which the right to change the schedule of charges for enrollee coverage is reserved.

(cf:  P.L.1997, c.338, s.8)

 

     270.  Section 6 of P.L.1999, c.49 (C.26:2J-4.19) is amended to read as follows:

     6.    a.  A certificate of authority to establish and operate a health maintenance organization in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), shall not be issued or continued by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of this amendatory and supplementary act unless the health maintenance organization provides health care services to an enrollee who is severely disabled or a child age five or under for:  (1) general anesthesia and hospitalization for dental services; or (2) a medical condition covered by the enrollee agreement which requires hospitalization or general anesthesia for dental services rendered by a participating dentist regardless of where the dental services are provided.

     b.    A health maintenance organization may require prior authorization of hospitalization for dental services in the same manner that prior authorization is required for hospitalization for other covered diseases or conditions.

     c.     This section shall apply to all contracts for health care services in which the health maintenance organization has reserved the right to change the schedule of charges.

(cf:  P.L.1999, c.49, s.6)

 

     271.  Section 8 of P.L.1999, c.108 (C.26:2J-4.20) is amended to read as follows:

     8.    a. Every enrollee agreement delivered, issued, executed, or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) or approved for issuance or renewal in this State by the Commissioner of [Health] Banking and [Senior Services] Insurance, on or after the effective date of this act shall provide health care services for biologically-based mental illness under the same terms and conditions as provided for any other sickness under the agreement. "Biologically-based mental illness" means a mental or nervous condition that is caused by a biological disorder of the brain and results in a clinically significant or psychological syndrome or pattern that substantially limits the functioning of the person with the illness, including but not limited to, schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, paranoia and other psychotic disorders, obsessive-compulsive disorder, panic disorder and pervasive developmental disorder, or autism. "Same terms and conditions" means that the health maintenance organization cannot apply different copayments, deductibles, or health care services limits to biologically-based mental health care services than those applied to other medical or surgical health care services.

     b.    Nothing in this section shall be construed to change the manner in which a health maintenance organization determines:

     (1)   whether a mental health care service meets the medical necessity standard as established by the health maintenance organization; or

     (2)   which providers shall be entitled to reimbursement or to be participating providers, as appropriate, for mental health services under the enrollee agreement.

     c.     The provisions of this section shall apply to enrollee agreements in which the health maintenance organization has reserved the right to change the premium.

(cf: P.L.1999, c.106, s.8)


     272.  Section 1 of P.L.1999, c.332 (C.26:2J-4.21) is amended to read as follows:

     1.    a. A certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of this act unless the health maintenance organization offers health care services in conformance with the provisions of subsection b. of this section.

     b.    If an enrollee is a resident of a skilled nursing facility, continuing care retirement community, or a retirement community which operates a skilled nursing facility on the premises of the community, regardless of whether the health maintenance organization is under contract with the skilled nursing facility or the skilled nursing facility at the continuing care retirement community or retirement community, the enrollee's primary care physician shall refer the enrollee to the skilled nursing facility or the community's Medicare-certified skilled nursing unit, as applicable, rather than to a skilled nursing facility separate from the facility or the  community of origin, if:

     (1)   the skilled nursing facility or the continuing care retirement community or retirement community with a skilled nursing facility has the capacity to provide the services the enrollee needs;

     (2)   the primary care physician, in consultation with the enrollee or a representative of the enrollee's family, determines that the referral is in the best interest of the enrollee;

     (3)   the skilled nursing facility or the continuing care retirement community or retirement community with a skilled nursing facility agrees to be reimbursed at the same contract rate negotiated by the health maintenance organization with similar providers for the same services and supplies in the same geographic area; and

     (4)   the skilled nursing facility or the continuing care retirement community or retirement community with a skilled nursing facility meets all applicable State licensing and certification requirements

     c.     For the purposes of this act, "continuing care retirement community" means a continuing care facility operating under a certificate of authority issued by the Department of Community Affairs pursuant to P.L.1986, c.103 (C.52:27D-330 et seq.), and "retirement community" means a retirement community which is registered with the Department of Community Affairs pursuant to P.L.1977, c.419 (C.45:22A-21 et seq.).

(cf: P.L.1999, c.332, s.1)

 

     273.  Section 8 of P.L.2001, c.295 (C.26:2J-4.24) is amended to read as follows:

     8.    Every enrollee agreement that provides hospital or medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), or approved for issuance or renewal in this State by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of this act, shall provide health care services to any enrollee or other person covered thereunder for expenses incurred in conducting colorectal cancer screening at regular intervals for persons age 50 and over and for persons of any age who are considered to be at high risk for colorectal cancer.  The methods of screening for which benefits shall be provided shall include: a screening fecal occult blood test, flexible sigmoidoscopy, colonoscopy, barium enema, or any combination thereof; or the most reliable, medically recognized screening test available.  The method and frequency of screening to be utilized shall be in accordance with the most recent published guidelines of the American Cancer Society and as determined medically necessary by the covered person's physician, in consultation with the covered person.

     As used in this section, "high risk for colorectal cancer" means a person has:

     a.     a family history of:  familial adenomatous polyposis; hereditary non-polyposis colon cancer; or breast, ovarian, endometrial, or colon cancer or polyps;

     b.    chronic inflammatory bowel disease; or

     c.     a background, ethnicity, or lifestyle that the physician believes puts the person at elevated risk for colorectal cancer.

     The health care services shall be provided to the same extent as for any other medical condition under the enrollee agreement.

     The provisions of this section shall apply to all enrollee agreements in which the health maintenance organization has reserved the right to change the schedule of charges.

(cf: P.L.2001, c.295, s.8)

 

     274.  Section 11 of P.L.2005, c.248 (C.26:2J-4.28) is amended to read as follows:

     11.  A certificate of authority to establish and operate a health maintenance organization, which organization offers a contract that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), shall not be issued or continued by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), unless the health maintenance organization offers health care services to any enrollee which include services provided in-network which represent medically necessary preventive care as permitted by that federal law.

     The services provided pursuant to this section shall be provided to the same extent as for any other medical condition under the contract, except that a deductible shall not be applied for services provided pursuant to this section.  This section shall apply to all contracts under which the health maintenance organization has reserved the right to change the schedule of charges for enrollee coverage.

(cf: P.L.2005, c.248, s.11)

 

     275.  Section 12 of P.L.2005, c.248 (C.26:2J-4.29) is amended to read as follows:

     12.  Notwithstanding the provisions of section 4 of P.L.1995, c.316 (C.26:2J-4.10) regarding deductibles for a high deductible health plan, a contract offered by a health maintenance organization, which certificate of authority to establish and operate is issued or continued by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.), that qualifies as a high deductible health plan for which qualified medical expenses are paid using a health savings account established pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223), shall not apply a deductible for any benefits in which a deductible is not applicable pursuant to any law enacted after the effective date of P.L.2005, c.248 (C.17:48E-35.27 et al.).

     This section shall apply to all contracts under which the health maintenance organization has reserved the right to change the schedule of charges for enrollee coverage.

(cf: P.L.2005, c.248, s.12)

 

     276.  Section 8 of P.L.2007, c.345 (C.26:2J-4.31) is amended to read as follows:

     8.    a. A certificate of authority to establish and operate a health maintenance organization in this State pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.) shall not be issued or continued by the Commissioner of [Health] Banking and [Senior Services] Insurance on or after the effective date of this act unless the health maintenance organization provides health care services for any person covered thereunder for expenses incurred in obtaining an orthotic or prosthetic appliance from any licensed orthotist or prosthetist, or any certified pedorthist, as determined medically necessary by the covered person's physician.

     As used in this section, "orthotic appliance," "prosthetic appliance," ["licensed orthotist"] "licensed orthotist," and "licensed prosthetist" have the meaning assigned to them in section 3 of P.L.1991, c.512 (C.45:12B-3) and "certified pedorthist" has the meaning assigned to it in subsection j. of section 18 of P.L.1991, c.512 (C.45:12B-18).

     b.    On and after the effective date of this act, a health maintenance organization shall reimburse for orthotic and prosthetic appliances at the same rate as reimbursement for such appliances under the federal Medicare reimbursement schedule.

     c.     The benefits shall be provided to the same extent as for any other medical condition under the enrollee agreement.

     d.    The provisions of this section shall apply to all enrollee agreements in which the health maintenance organization has reserved the right to change the schedule of charges.

(cf: P.L.2007, c.345, s.8)

 

     277.  Section 23 of P.L.1973, c.337 (C.26:2J-23) is amended to read as follows:

     23.  Every health maintenance organization subject to this act shall pay to the commissioner the following fees:

     a.     for filing an application for a certificate of authority or amendment thereto, $100.00;

     b.    for filing each annual report, $10.00; and

     c.     for the purpose of supporting the activities of the Department of [Health] Banking and [Senior Services] Insurance associated with the regulation of health maintenance organizations, $1.50 per life per year, with payment being made annually no later than July 15 for the preceding calendar year.  Payments made by a health maintenance organization pursuant to this act shall not in any way reduce payments that may be owed by a health maintenance organization pursuant to P.L.1995, c.156 (C.17:1C-19 et seq.) and subsequent amendments thereto.  No such payment shall be required for any per life per year that is funded through the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.)[, the "Children's Health Care Coverage Program" established pursuant to P.L.1997, c.272 (C.30:4I-1 et seq.),] or the ["FamilyCare Health Coverage Program"] NJ FamilyCare Program established pursuant to [P.L.2000, c.71 (C.30:4J-1 et seq.)] P.L.2005, c.156 (C.30:4J-8 et al.).

     In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner may promulgate rules and regulations directing that additional fees be paid.

     From fees collected under the provisions of subsection c. of this section, the Legislature shall in each fiscal year appropriate to the community health law project the sum of $100,000 to fund a grant in support of a program to provide any senior citizen resident of this State who is covered as an enrollee in or beneficiary of a health plan administered by a health maintenance organization with information concerning the person's rights under the program and assistance with the procedures for receiving the benefits to which the person is entitled under the program.

(cf:  P.L.2002, c.34, s.18)

 

     278.  Section 1 of P.L.1986, c.106 (C.26:2K-35) is amended to read as follows:

     1.    As used in this act:

     a.     "Commissioner" means the Commissioner of [the Department of] Health [and Senior Services].

     b.    "Dispatch" means the coordinated request for and dispatch of the emergency medical service helicopter response unit by a central communications center located in the service area, following protocols developed by the mobile intensive care hospital, the regional trauma or critical care center, the commissioner, and the superintendent.

     c.     "Emergency medical service helicopter response unit" means a specially equipped hospital-based emergency medical service helicopter staffed by advanced life support personnel and operated for the provision of advanced life support services under the medical direction of a mobile intensive care program and the regional trauma or critical care center authorized by the commissioner.

     d.    "Emergency medical transportation" means the prehospital or interhospital transportation of an acutely ill or injured patient by a dedicated emergency medical service helicopter response unit operated, maintained and piloted by the Division of State Police of the Department of Law and Public Safety, pursuant to regulations adopted by the commissioner under chapter 40 of Title 8 of the New Jersey Administrative Code.

     e.     "Medical direction" means the medical control and medical orders transmitted from the physician of the mobile intensive care hospital or from the physician at the regional trauma or critical care center to the staff of the helicopter.  The mobile intensive care unit coordinating center and regional trauma or critical care center shall have the ability to cross patch and consult with each other as approved by the commissioner.

     f.     "Mobile intensive care hospital" means a hospital authorized by the commissioner to develop and maintain a mobile intensive care unit to provide advanced life support services in accordance with P.L.1984, c.146 (C.26:2K-7 et al.).

     g.     "Regional trauma center" means a State designated level one hospital-based trauma center equipped and staffed to provide emergency medical services to an accident or trauma victim, including, but not limited to, the level one trauma centers at the University of Medicine and Dentistry of New Jersey-University Hospital in Newark, known as the "Eric Munoz Trauma Center," and at the Cooper Hospital/University Medical Center in Camden.

     h.     "Critical care center" means a hospital authorized by the commissioner to provide regional critical care services, such as trauma, burn, spinal cord, cardiac, poison, or neonatal care.

     i.      "Superintendent" means the Superintendent of the Division of State Police of the Department of Law and Public Safety.

(cf:  P.L.2010, c.80, s.1)


     279.  Section 1 of P.L.2003, c.1 (C.26:2K-47.1) is amended to read as follows:

     1.    As used in this act:

     "Commissioner" means the Commissioner of Health [and Senior Services];

     "Emergency medical service" means a program in a hospital staffed 24 hours-a-day by a licensed physician trained in emergency medicine;

     "Emergency medical technician" means a person trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health [and Senior Services] to provide that level of care.

(cf: P.L.2003, c.1. s.1)

 

     280.  Section 2 of P.L.2003, c.1 (C.26:2K-47.2) is amended to read as follows:

     2.    a.  An emergency medical technician who has been certified by the commissioner pursuant to subsection b. of this section to administer an epinephrine auto-injector device shall administer, maintain and dispose of the device in accordance with rules and regulations adopted by the commissioner.

     Each administration of an auto-injector device pursuant to this act shall be reported to the Department of Health [and Senior Services] in a manner determined by the commissioner.

     b.    The commissioner shall establish written standards and application procedures which an emergency medical technician shall meet in order to obtain certification.  The commissioner shall certify a candidate who: provides evidence of satisfactory completion of an educational program which is approved by the commissioner and includes training in the administration of epinephrine auto-injector devices; and passes an examination in the administration of the devices which is approved by the commissioner.

     c.     The commissioner shall maintain a registry of all persons certified pursuant to this section, which shall include, but not be limited to:

     (1)   the person's name and residence; and

     (2)   the date that certification was granted.

     d.    The commissioner shall annually compile a list of emergency medical technicians who have obtained certification to administer an epinephrine auto-injector device pursuant to this section, which shall be available to the public.

     e.     A fee may be charged to a person enrolled in an educational program approved by the department which includes training in the administration of an epinephrine auto-injector device in order to cover the cost of training and testing for certification pursuant to this section, if the entity that provides the educational program is not reimbursed for the cost of that training and testing from the "Emergency Medical Technician Training Fund" established pursuant to section 3 of P.L.1992, c.143 (C.26:2K-56).

(cf:  P.L.2003, c.1, s.2)

 

     281.  Section 10 of P.L.2003, c.1 (C.26:2K-47.9) is amended to read as follows:

     10.  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 to effectuate the purposes of this act, including medical protocols for the administration of epinephrine auto-injector devices, in consultation with the State [mobil] mobile intensive care advisory council and the New Jersey State First Aid Council, Inc.  The rules and regulations shall address age appropriateness in the administration of epinephrine.

(cf:  P.L.2003, c.1. s.10)

 

     282.  Section 1 of P.L.2009, c.174 (C.26:2K-63) is amended to read as follows:

     1.    Certification of a person as an emergency medical technician by the Commissioner of Health [and Senior Services], when that person meets the requirements therefor as prescribed by regulation of the commissioner, shall be valid for a period of five years.

(cf:  P.L.2009, c.174, s.1)

 

     283.  Section 2 of P.L.2009, c.174 (C.26:2K-64) is amended to read as follows:

     2.    The Commissioner of Health [and Senior Services], 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.

(cf:  P.L.2009, c.174, s.2)

 

     284.  Section 1 of P.L.2003, c.269 (C.26:2M-7.2) is amended to read as follows:

     1.    a.  The Commissioner of Health [and Senior Services] shall establish a mandatory training program for long-term care facility staff, as described in subsection b. of this section, in the specialized care of patients who are diagnosed by a physician as having Alzheimer's disease or a related disorder.  The training program shall include the causes and progression of Alzheimer's disease and related disorders and methods to deal with the specific problems encountered in the care of patients with Alzheimer's disease and related disorders, including, but not limited to: communicating with patients with Alzheimer's disease and related disorders; psychological, social and physical needs of patients with Alzheimer's disease and related disorders; and safety measures which need to be taken for a patient with Alzheimer's disease and related disorders.

     b.    A long-term care facility shall annually provide training, under the training program established pursuant to subsection a. of this section, to a certified nurse aide, licensed practical nurse, registered professional nurse, and other health care professionals, as appropriate, who provide direct care to a patient in the facility who is diagnosed as having Alzheimer's disease or a related disorder.

(cf: P.L.2003, c.269, s.1)

 

     285.  Section 2 of P.L.1988, c.114 (C.26:2M-10) is amended to read as follows:

     2.    As used in this act:

     a.     "Adult day care" means a community-based group program designed to meet the needs of functionally or cognitively impaired adults through an individual plan of care structured to provide a variety of health, social, and related support services in a protective setting during any part of a day but less than 24 hours.

     b.    "Alzheimer's Disease and related disorders" means forms of dementia characterized by a general loss of intellectual abilities of sufficient severity to interfere with social or occupational functioning.

     c.     "Care needs or behavioral problems" means the manifestations of dementia which may include, but need not be limited to, progressive memory loss, confusion, inability to communicate, extreme personality change, and eventual inability to perform the most basic tasks.

     d.    "Commissioner" means the Commissioner of [the State Department of Health and Senior] Human Services.

     e.     "Department" means the [State] Department of [Health and Senior] Human Services.

     f.     "Grantee" means a public agency, private for profit agency, or private nonprofit agency selected by the department to establish an adult day care program for participants pursuant to this act.

     g.     "Participant" means an individual with Alzheimer's disease or a related disorder, particularly those in the moderate to severe stages.  To be eligible for services, a participant shall have documentation from a physician that the participant has Alzheimer's disease or a related disorder.

(cf: P.L.1999, c.285, s.1)

 

     286.  Section 2 of P.L.2011, c.76 (C.26:2M-17) is amended to read as follows:

     2.    a. There is established the New Jersey Alzheimer's Disease Study Commission in the Department of [Health and Senior] Human Services.

     b.    The commission shall consist of 15 members as follows:

     (1)   the Commissioners of Health [and Senior Services] and Human Services, or their designees, who shall serve ex officio;

     (2)   two members of the Senate, to be appointed by the President of the Senate, who shall not be of the same political party;

     (3)   two members of the General Assembly, to be appointed by the Speaker of the General Assembly, who shall not be of the same political party; and

     (4)   nine members appointed by the Governor, as follows: two persons recommended by the Alzheimer's Association, one of whom shall be a representative of the Greater New Jersey Chapter and one of whom shall be a representative of the Alzheimer's Association Delaware Valley Chapter; three health care professionals who are currently involved in the provision of direct services, one of whom shall be a representative of an agency that provides home care services to persons with dementia, one of whom shall be a representative of an assisted living facility that provides specialized services to persons with dementia, and one of whom shall be a representative of a licensed nursing home that provides specialized services to persons with dementia; one representative from the clergy who has experience providing emotional and spiritual care and support for persons with Alzheimer's disease and their families; two persons who by reason of family relationship or legal guardianship bear or have borne responsibility in caring for a person with Alzheimer's disease; and one attorney who is currently licensed and practicing in New Jersey, has expertise in legal and financial planning and elder care issues, and has extensive community-based experience working with persons with Alzheimer's disease and their families.

     c.     Vacancies in the membership of the commission shall be filled in the same manner provided for the original appointments.

     d.    The commission shall organize as soon as practicable following the appointment of its members and shall select a chairperson from among the members.  The chairperson shall appoint a secretary who need not be a member of the commission.

     e.     Members of the commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as members of the commission, within the limits of funds appropriated or otherwise made available to the commission for its purposes.

     f.     The commission 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 to it for its purposes.

     g.     The Department of [Health and Senior Service] Human Services shall provide staff support to the commission, as necessary.

(cf: P.L.2011, c.76, s.2)


     287.  Section 2 of P.L.2003, c.257 (C.26:2N-9) is amended to read as follows:

     2.    a. Prior to administering a second dose of the measles-mumps-rubella (MMR) vaccine to a child, a health care provider may give the child's parent or guardian the option of consenting to the administration of an antibody titer to determine whether or not the child has already developed immunity to MMR in response to a previously administered dose of the vaccine and would not require the second dose.

     b.    Documented laboratory evidence of immunity from MMR shall exempt a child from further vaccination for MMR, as may be required pursuant to Department of Health [and Senior Services] regulations.

(cf: P.L.2003, c.257, s.2)

 

     288.  Section 3 of P.L.2003, c.257 (C.26:2N-10) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall prepare and make available to all health care providers in the State a pamphlet that explains the nature and purpose of the MMR vaccine and the antibody titer used to determine immunity pursuant to section 2 of this act.

     The commissioner shall send a copy of the pamphlet to every licensed health care provider in the State who administers the MMR vaccine, with a cover letter advising the health care provider that the pamphlet was prepared in accordance with the requirements of P.L.2003, c. 257 (C.26:2N-8 et seq.), known as "Holly's Law," and how the health care provider can obtain additional copies of the pamphlet from the Department of Health [and Senior Services].

(cf: P.L.2003, c.257, s.3)

 

     289.  Section 4 of P.L.2003, c.257 (C.26:2N-11) is amended to read as follows:

     4.    The Commissioner of Health [and Senior Services] shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this act.

(cf: P.L.2003, c.257, s.4)

 

     290.  Section 2 of P.L.1993, c.288 (C.26:2Q-2) is amended to read as follows:

     2.    As used in sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 through C.26:2Q-12):

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Department" means the Department of Health [and Senior Services].

     "Interim controls" means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs, or as the term is defined under 42 U.S.C.s.4851b.

     "Lead abatement" means a set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with standards promulgated by the appropriate federal agencies. Such term includes:

     a.     the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and

     b.    all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.

     "Lead evaluation" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

     "Lead hazard control work" means work to make housing lead-safe, or to mitigate, through the use of interim controls as permitted under federal law and as defined in 42 U.S.C.s.4851b, or to eliminate permanently lead-based paint hazards by abatement on a premises by a person certified to perform lead abatement work pursuant to sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 et seq.) and sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 et seq.).

     "Lead-based paint" means paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law.

     "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present in surfaces, that would result in adverse human health effects.

     "Lead-based paint hazard inspection" means an inspection of residential housing and the structure's interior common areas and exterior surface for the presence of lead-based paint hazards.

     "Lead safe maintenance work" means those maintenance activities which are necessary to maintain surfaces in a lead safe condition and to prevent lead-based paint hazards from occurring or reoccurring.

     "Surface" means an area such as an interior or exterior wall, ceiling, floor, door, door frame, window sill, window frame, porch,
stair, handrail and spindle, or other abradable surface, soil, furniture, a carpet, a radiator or a water pipe.

(cf: P.L.2003, c.311, s.17)

 

     291.  Section 2 of P.L.1997, c.191 (C.26:2R-2) is amended to read as follows:

     2.    As used in this act:

     "Commissioner" means the Commissioner of [Health and Senior] Human Services.

     "Council" means the Interagency Council on Osteoporosis established pursuant to this act.

     "Department" means the Department [of Health and Senior] Human Services.

     "Program" means the osteoporosis prevention and education program established pursuant to this act.

(cf: P.L.1997, c.191, s.2)

 

     292.  Section 3 of P.L.1997, c.191 (C.26:2R-3) is amended to read as follows:

     3.    a. The Commissioner of [Health and Senior] Human Services shall establish an osteoporosis prevention and education program in the Department of [Health and Senior] Human Services.  The purpose of the program is to promote:  public awareness of the causes of osteoporosis; options for prevention; the value of early detection; and possible treatments, including the benefits and risks of those treatments.  The department may accept, for that purpose, any special grant of money, services, or property from the federal government or any of its agencies, or from any foundation, organization, or medical school.

     b.    The program shall include the following:

     (1)   Development of a public education and outreach campaign to promote osteoporosis prevention and education, including, but not limited to, the following subjects:

     (a)   The cause and nature of the disease;

     (b)   Risk factors;

     (c)   The role of hysterectomy;

     (d)   Prevention of osteoporosis, including nutrition, diet, and physical exercise;

     (e)   Diagnostic procedures and appropriate indications for their use;

     (f)    Hormone replacement, including the benefits and risks;

     (g)   Environmental safety and injury prevention; and

     (h)   Availability of osteoporosis diagnostic treatment services in the community.

     (2)   Development of educational materials to be made available for consumers, particularly targeted to high-risk groups, through local boards of health, physicians, other health care providers, including, but not limited to, health maintenance organizations, hospitals, and clinics, and women's organizations.

     (3)   Development of professional education programs for health care providers to assist them in understanding research findings and the subjects set forth in paragraph (1) of this subsection.

     (4)   Development and maintenance of a list of current providers of specialized services for the prevention and treatment of osteoporosis.  Dissemination of the list shall be accompanied by a description of diagnostic procedures, appropriate indications for their use, and a cautionary statement about the current status of osteoporosis research, prevention, and treatment.  The statement shall also indicate that the department does not license, certify, or in any other way approve osteoporosis programs or centers in this State.

(cf: P.L.1997, c.191, s.3)

 

     293.  Section 1 of P.L.1999, c.330 (C.26:2R-3.1) is amended to read as follows:

     1.    The Department of [Health and Senior] Human Services shall prepare an informational pamphlet which describes the causes and nature of osteoporosis as well as methods which may be used to prevent and treat osteoporosis, including nutrition, diet, physical exercise, and medications.  The department shall make a supply of these pamphlets available to all pharmacies registered with the New Jersey Board of Pharmacy for distribution to the public.

(cf: P.L.1999, c.330, s.1)

 

     294.  Section 2 of P.L.1997, c.192 (C.26:2S-2) is amended to read as follows:

     2.    As used in sections 2 through 19 of this act:

     "Behavioral health care services" means procedures or services rendered by a health care provider for the treatment of mental illness, emotional disorders, or drug or alcohol abuse.  "Behavioral health care services" does not include:  any quality assurance or utilization management activities or treatment plan reviews conducted by a carrier, or a private entity on behalf of the carrier, pertaining to these services, whether administrative or clinical in nature; or any other administrative functions, including, but not limited to, accounting and financial reporting, billing and collection, data processing, debt or debt service, legal services, promotion and marketing, or provider credentialing.

     "Carrier" means an insurance company, health service corporation, hospital service corporation, medical service corporation1,1 or health maintenance organization authorized to issue health benefits plans in this State.

     "Commissioner" means the Commissioner of [Health] Banking and [Senior Services] Insurance.

     "Contract holder" means an employer or organization that purchases a contract for services.

     "Covered person" means a person on whose behalf a carrier offering the plan is obligated to pay benefits or provide services pursuant to the health benefits plan.

     "Covered service" means a health care service provided to a covered person under a health benefits plan for which the carrier is obligated to pay benefits or provide services.

     "Department" means the Department of [Health] Banking and 1[1 Senior Services] Insurance.

     "Health benefits plan" means a benefits plan which pays or provides hospital and medical expense benefits for covered services, and is delivered or issued for delivery in this State by or through a carrier.  Health benefits plan includes, but is not limited to, Medicare supplement coverage and risk contracts to the extent not otherwise prohibited by federal law.  For the purposes of this act, health benefits plan shall not include the following plans, policies1,1 or contracts:  accident only, credit, disability, long-term care, CHAMPUS supplement coverage, coverage arising out of a workers' compensation or similar law, automobile medical payment insurance, personal injury protection insurance issued pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.)1,1 or hospital confinement indemnity coverage.

     "Health care provider" means an individual or entity which, acting within the scope of its licensure or certification, provides a covered service defined by the health benefits plan.  Health care provider includes, but is not limited to, a physician and other health care professionals licensed pursuant to Title 45 of the Revised Statutes, and a hospital and other health care facilities licensed pursuant to Title 26 of the Revised Statutes.

     "Independent utilization review organization" means an independent entity comprised of physicians and other health care professionals who are representative of the active practitioners in the area in which the organization will operate and which is under contract with the department to provide medical necessity or appropriateness of services appeal reviews pursuant to this act.

     "Managed behavioral health care organization" means an entity, other than a carrier, which contracts with a carrier to provide, undertake to arrange, or administer behavioral health care services to covered persons through health care providers employed by the managed behavioral health care organization or otherwise make behavioral health care services available to covered persons through contracts with health care providers.  "Managed behavioral health care organization" does not include a person or entity that, for an administrative fee only, solely arranges a panel of health care providers for a carrier for the provision of behavioral health care services on a discounted fee-for-service basis.

     "Managed care plan" means a health benefits plan that integrates the financing and delivery of appropriate health care services to covered persons by arrangements with participating providers, who are selected to participate on the basis of explicit standards, to furnish a comprehensive set of health care services and financial incentives for covered persons to use the participating providers and procedures provided for in the plan.

     "Subscriber" means, in the case of a group contract, a person whose employment or other status, except family status, is the basis for eligibility for enrollment by the carrier or, in the case of an individual contract, the person in whose name the contract is issued.

     "Utilization management" means a system for reviewing the appropriate and efficient allocation of health care services under a health benefits plan according to specified guidelines, in order to recommend or determine whether, or to what extent, a health care service given or proposed to be given to a covered person should or will be reimbursed, covered, paid for, or otherwise provided under the health benefits plan.  The system may include:  preadmission certification, the application of practice guidelines, continued stay review, discharge planning, preauthorization of ambulatory care procedures1,1 and retrospective review.

(cf: P.L.2005, c.172, s.1)

 

     295.  Section 1 of P.L.2001, c.88 (C.26:2S-7.1) is amended to read as follows:

     1.    The Commissioner of [Health] Banking and [Senior Services] Insurance, in consultation with the New Jersey Association of Health Plans, the Health Insurance Association of America, the Medical Society of New Jersey, the New Jersey Hospital Association, and such other representatives of managed care plans as the commissioner deems appropriate, shall adopt by regulation, a universal physician application for participation form for use by carriers which offer managed care plans for the purpose of credentialing physicians who seek to participate in a carrier's provider network and for the purpose of credentialing physicians who are employed by hospitals or other health care facilities which seek to participate in a carrier's provider network.

     The commissioner, in consultation with the New Jersey Association of Health Plans, the Health Insurance Association of America, the Medical Society of New Jersey, the New Jersey Hospital Association and such other representatives of managed care plans as the commissioner deems appropriate, shall also adopt by regulation a form for renewal of credentialing, which shall be an abbreviated version of the universal application form. The renewal form shall be designed to enable a physician to indicate changes in the information provided in the application form.

     The commissioner shall revise the universal application and renewal forms, as necessary, to conform with industry-wide, national standards for credentialing.

     In developing the forms, the commissioner shall consult with the Commissioner of Human Services to ensure that the credentialing requirements for participation in the Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), [the health care coverage program for children, established pursuant to P.L.1997, c.272 (C.30:4I-1 et seq.)] and the NJ FamilyCare [Health Coverage] Program established pursuant to [P.L.2000, c.71 (C.30:4J-1 et seq.)] P.L.2005, c.156 (C.30:4J-8 et al.) are adequately reflected on the application and renewal forms.

(cf:  P.L.2001, c.88, s.1)

 

     1296.  Section 3 of P.L.2001, c.88 (C.26:2S-7.3) is amended to read as follows:

     3.    The Commissioner of [Health] Banking and [Senior Services] Insurance shall adopt regulations within 180 days of the date of enactment of this act, 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.1

(cf:  P.L.2001, c.88, s.3)

 

     1[296.] 297.1  Section 1 of P.L.2000, c.121 (C.26:2S-10.1) is amended to read as follows:

     1.    A carrier which offers a managed care plan that provides benefits or health care services, as applicable, for the home treatment of bleeding episodes associated with hemophilia, including the purchase of blood products and blood infusion equipment, shall comply with the provisions of this section.

     a.     For the purpose of providing home treatment services for bleeding episodes associated with hemophilia, the carrier shall be required to contract with, and exclusively use, providers that comply with standards adopted by regulation of the Department of [Health] Banking and [Senior Services] Insurance in consultation with the Hemophilia Association of New Jersey.  At a minimum, the standards shall require that each provider:

     (1)   provide services pursuant to a prescription from the covered person's attending physician and not make any substitutions of blood products without prior approval of the attending physician;

     (2)   provide all brands of clotting factor products in low, medium and high-assay range levels to execute treatment regimens as prescribed by a covered person's attending physician, and all needed ancillary supplies for the treatment or prevention of bleeding episodes, including, but not limited to, needles, syringes, and cold compression packs;

     (3)   have the ability to deliver prescribed blood products, medications, and nursing services within three hours after receipt of a prescription for an emergent situation, and  maintain 24-hour on-call service to accommodate this requirement;

     (4)   demonstrate experience with and knowledge of bleeding disorders and the management thereof;

     (5)   demonstrate the ability for appropriate and necessary record keeping and documentation, including the ability to expedite product recall or notification systems and the ability to assist covered persons in obtaining third party reimbursement;

     (6)   provide for proper removal and disposal of hazardous waste pursuant to State and federal law;

     (7)   provide covered persons with a written copy of the agency's policy regarding discontinuation of services related to loss of health benefits plan coverage or inability to pay; and

     (8)   provide covered persons, upon request, with information about the expected costs for medications and services provided by the  agency that are not otherwise covered by the covered person's health benefits plan.

     b.    The Department of [Health] Banking and [Senior Service] Insurance shall compile a list of providers who meet the minimum standards established pursuant to this section and shall make the list available to carriers and covered persons, upon request.

     c.     As used in this section: "blood product" includes, but is not limited to, Factor VIII, Factor IX and cryoprecipitate; and "blood infusion equipment" includes, but is not limited to, syringes and needles.

(cf:  P.L.2000, c.121, s.1)

 

     1[297.] 298.1  Section 11 of P.L.2000, c.121 (C.26:2S-10.3) is amended to read as follows:

     11.  The Department of [Health] Banking and [Senior Services] Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to carry out the provisions of sections 1 and 2 of this act.

(cf:  P.L.2000, c.121, s.11)

 

     1[298.] 299.1  Section 1 of P.L.2011, c.190 (C.26:2S-14.1) is amended to read as follows:

     1.    A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be required, as prescribed by regulation of the Commissioner of Health [and Senior Services], to:

     (1)   post, in a conspicuous place in each of its waiting rooms for members of the general public, a notice, as prescribed pursuant to section 3 of P.L.2011, c.190 (C.26:2S-14.2), which provides information about the operation of, and how to apply for, the Independent Health Care Appeals Program established pursuant to section 11 of P.L.1997, c.192 (C.26:2S-11); and

     (2)   ensure that appropriate hospital staff, including direct patient care providers, staff that are concerned with billing for hospital services or provide financial counseling to patients, and staff otherwise engaged in providing patient advocacy or patient relations services, are made aware of the program and are able to provide information to patients and their family members, or other persons on the patient's behalf, about how to contact the program.

(cf:  P.L.2011, c.190, s.1)

 

     1[299.] 300.1  Section 3 of P.L.2011, c.190 (C.26:2S-14.2) is amended to read as follows:

     3.    The Commissioner of Banking and Insurance, in consultation with the Commissioner of Health [and Senior Services] and the State Board of Medical Examiners, shall prescribe the size, content, and format of the notice about the Independent Health Care Appeals Program to be posted in general hospitals pursuant to section 1 of P.L.2011, c.190 (C.26:2S-14.1) and in physicians' medical offices pursuant to section 2 of P.L.2011, c.190 (C.45:9-22.26), and shall make the notice available to general hospitals and physicians, and to members of the general public, by posting it on the Internet website of the Department of Banking and Insurance.

(cf:  P.L.2011, c.190, s.3)

 

     1[300.] 301.1  Section 4 of P.L.2011, c.190 (C.26:2S-14.3) is amended to read as follows:

     4.    The Commissioner of Health [and Senior Services] and the State Board of Medical Examiners, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in consultation with each other and the Commissioner of Banking and Insurance, shall adopt rules and regulations to effectuate the purposes of this act.

(cf:  P.L.2011, c.190, s.4)

 

     1[301.] 302.1  Section 2 of P.L.2001, c.14 (C.26:2S-20) is amended to read as follows:

     2.    As used in this act:

     "Carrier" means a carrier as defined in section 2 of P.L.1997, c.192 (C.26:2S-2).

     "Commissioner" means the Commissioner of [Health] Banking and [Senior Services] Insurance.

     "Department" means the Department of [Health] Banking and [Senior Services] Insurance.

     "Managed care plan" means a managed care plan as defined in section 2 of P.L.1997, c.192 (C.26:2S-2).

     "Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     "Medicare" means the federal Medicare program established pursuant to the federal Social Security Act, Pub.L.89-97 (42 U.S.C. s.1395 et seq.).

     "NJ FamilyCare" means the FamilyCare Health Coverage Program established pursuant to [P.L.2000, c.71 (C.30:4J-1 et seq.)] P.L.2005, c.156 (C.30:4J-8 et al.).

     "Program" means the Managed Health Care Consumer Assistance Program established pursuant to this act.

(cf: P.L.2001, c.14, s.2)

 

     1[302.] 303.1  Section 3 of P.L.2001, c.14 (C.26:2S-21) is amended to read as follows:

     3.    a.  There is established the Managed Health Care Consumer Assistance Program in the Department of [Health] Banking and [Senior Services] Insurance.  The commissioner shall make agreements to operate the program as necessary, in consultation with the Commissioner of Human Services [and the Commissioner of Banking and Insurance], to assure that citizens have reasonable access to services in all regions of the State.

     b.    The program shall:

     (1)   create and provide educational materials and training to consumers regarding their rights and responsibilities as enrollees in managed care plans, including materials and training specific to Medicaid, NJ FamilyCare, Medicare, and commercial managed care plans;

     (2)   assist and educate individual enrollees about the functions of the State and federal agencies that regulate managed care products, assist and educate enrollees about the various complaint, grievance, and appeal processes, including State fair hearings, provide assistance to individuals in determining which process is most appropriate for the individual to pursue when necessary, maintain and provide to individual enrollees the forms that may be necessary to submit a complaint, grievance or appeal with the State or federal agencies, and provide assistance to individual enrollees in completion of the forms, if necessary;

     (3)   maintain and provide information to individuals upon request about advocacy groups, including legal services programs Statewide and in each county that may be available to assist individuals, and maintain lists of State and Congressional representatives and the means by which to contact representatives, for distribution upon request;

     (4)   maintain a toll-free telephone number for consumers to call for information and assistance.  The number shall be accessible to the deaf and hard of hearing, and staff or translation services shall be available to assist non-English proficient individuals who are members of language groups that meet population thresholds established by the department;

     (5)   ensure that individuals have timely access to the services of, and receive timely responses from, the program;

     (6)   provide feedback to managed care plans, beneficiary advisory groups and employers regarding enrollees' concerns and problems;

     (7)   provide nonpartisan information about federal and State activities relative to managed care, and provide assistance to individuals in obtaining copies of pending legislation, statutes, and regulations; and

     (8)   develop and maintain a data base monitoring the degree of each type of service provided by the program to individual enrollees, the types of concerns and complaints brought to the program and the entities about which complaints and concerns are brought.

     c.     In order to meet its objectives, the program shall have access to:

     (1)   the medical and other records of an individual enrollee maintained by a managed care plan, upon the specific written authorization of the enrollee or his legal representative;

     (2)   the administrative records, policies, and documents of managed care plans to which individuals or the general public have access; and

     (3)   all licensing, certification, and data reporting records maintained by the State or reported to the federal government by the State that are not proprietary information or otherwise protected by law, with copies thereof to be supplied to the program by the State upon the request of the program.

     d.    The program shall take such actions as are necessary to protect the identity and confidentiality of any complainant or other individual with respect to whom the program maintains files or records. Any medical or personally identifying information received or in the possession of the program shall be considered confidential and shall be used only by the department, the program and such other agencies as the commissioner designates and shall not be subject to public access, inspection or copying under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records.  This subsection shall not be construed to limit the ability of the program to compile and report non-identifying data pursuant to paragraph (8) of subsection b. of this section.

     e.     The program shall seek to coordinate its activities with consumer advocacy organizations, legal assistance providers serving low-income and other vulnerable health care consumers, managed care and health insurance counseling assistance programs, and relevant federal and State agencies to assure that the information and assistance provided by the program are current and accurate.

     f.     Until such time as the program is developed, the commissioner shall make agreements with two independent, private nonprofit consumer advocacy organizations, which shall be the Community Health Law Project and New Jersey Protection and Advocacy, Inc. to operate the program on an interim basis.  The interim program shall be in effect for one year from the effective date of this act.  Any appropriation in this act for the program may be allocated for the interim program.

(cf: P.L.2001, c.14, s.3)

 

     1[303.] 304.1  Section 8 of P.L.2001, c.14 (C.26:2S-25) is amended to read as follows:

     8.    The Commissioner of [Health] Banking and [Senior Services] Insurance, 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.

(cf: P.2001, c.14, s.8)

 

     1[304.] 305.1  Section 1 of P.L.1998, c.116 (C.26:2T-1) is amended to read as follows:

     1.    The Commissioner of Health [and Senior Services]  shall provide for the inclusion of all newly diagnosed cases of hepatitis C among those communicable diseases which are required to be reported by health care providers or other designated persons to the Department of Health [and Senior Services]  pursuant to N.J.A.C.8:57-1.4 and 8:57-1.5.  The commissioner shall require that such information be reported directly to the department, rather than to local health departments, as [he] the commissioner determines necessary to assist the department to develop hepatitis C disease control measures, and shall revise these requirements as necessary to reflect technological advances which improve the ability to diagnose and treat the disease.

(cf: P.L.2001, c.357, s.6)

 

     1[305.] 306.1  Section 2 of P.L.1998, c.116 (C.26:2T-2) is amended to read as follows:

     2.    The Commissioner of Health [and Senior Services] shall provide written guidance regarding screening for the hepatitis C virus to licensed physicians and public health officers which reflects current and accepted standards of medical and public health practice, consistent with the recommendations of the federal Centers for Disease Control and Prevention, and encourages appropriate screening and diagnosis of all persons at high risk for hepatitis C infection as defined by the federal centers, including, but not limited to:

     (1)   veterans of the United States armed forces;

     (2)   women who underwent a caesarian section or a premature delivery prior to 1990;

     (3)   persons who received blood or blood products prior to 1992;

     (4)   persons who received an organ or tissue transplant prior to 1990;

     (5)   persons who have received invasive cosmetic procedures, including body piercing and tattooing;

     (6)   persons who have a history of multiple sexually transmitted diseases or multiple partners;

     (7)   persons with a history of intravenous drug use; and

     (8)   such other categories of persons at high risk for hepatitis C infection as may be determined by the commissioner.

(cf: P.L.1998, c.116, s.2)

 

     1[306.] 307.1  Section 3 of P.L.1998, c.116 (C.26:2T-3) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services] shall make available to licensed physicians and public health officers, in printed and electronic format, hepatitis C education and prevention information materials which reflect the recommendations of the federal Centers for Disease Control and Prevention and other relevant entities, including, but not limited to, the American Liver Foundation, for distribution to persons at high risk for hepatitis C infection as described in section 2 of this act.

(cf: P.L.1998, c.116, s.3)

 

     1[307.] 308.1   Section 4 of P.L.1998, c.116 (C.26:2T-4) is amended to read as follows:

     4.    The Commissioner of Health [and Senior Services], 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.

(cf: P.1998, c.116, s.4)

 

     1[308.] 309.1  Section 2 of P.L.2001, c.357 (C.26:2T-6) is amended to read as follows:

     2.    As used in this act:

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "HCV" means the hepatitis C virus.

     "Program" means the hepatitis C education, prevention, and screening program established pursuant to this act.

(cf: P.L.2001, c.357, s.2)

 

     1[309.] 310.1  Section 3 of P.L.2001, c.357 (C.26:2T-7) is amended to read as follows:

     3.    In consultation with the hepatitis C advisory board established pursuant to section 4 of this act, the Commissioner of Health [and Senior Services] shall establish a hepatitis C education, prevention, and screening program that includes, but is not limited to, measures directed to physicians and other health care workers, police officers, correctional officers, firefighters, emergency services personnel, employees of the State's developmental centers, and the general public.  The program shall be established in accordance with accepted public health practice and recommendations of the federal Centers for Disease Control and Prevention, the Surgeon General of the United States, the American Association for the Study of Liver Diseases, the National Institutes of Health and the American Liver Foundation and within the limits of resources available for the purposes thereof.

     a.     For the purposes of this program, the commissioner shall develop and implement the following:

     (1)   public education and outreach to raise awareness of hepatitis C among persons at high risk for hepatitis C as described in section 2 of P.L.1998, c.116 (C.26:2T-2), which includes police officers, firefighters, persons employed by correctional facilities, emergency response personnel, and other high-risk groups, including, but not limited to, health care professionals and persons employed in primary care settings or health care facilities, which shall include, at a minimum, information on risk factors, the value of early detection and the options available for treating hepatitis C;

     (2)   measures to promote public awareness about the availability of hepatitis C screening, prevention and treatment services among persons at high risk for hepatitis C as determined by the commissioner based upon data provided by the federal Centers for Disease Control and Prevention, the Surgeon General of the United States, the American Association for the Study of Liver Diseases, the National Institutes of Health and the American Liver Foundation, and any other nationally recognized liver societies;

     (3)   educational activities for health care professionals in regard to the epidemiology, natural history, detection, and treatment of hepatitis C, which shall include information about coinfection with HCV and HIV and the implications of coinfection for HIV or AIDS treatment;

     (4)   educational and informational measures targeted at specific groups, including, but not limited to, activities designed to educate youth about the long-term consequences of infection with HCV;

     (5)   measures to prevent further transmission of HCV and to prevent onset of chronic liver disease caused by hepatitis C through outreach to detect and treat chronic HCV infection; and

     (6)   a collaborative effort with the Department of Corrections to develop screening services to identify inmates at risk for hepatitis C upon admission, and to provide education and counseling about treatment options to reduce the potential health risk to the community from these persons.

     b.    The commissioner shall evaluate existing hepatitis C support services in the community and assess the need for improving the quality and accessibility of these services.

     c.     The commissioner shall seek to establish public-private partnerships to promote outreach and increase awareness for the purposes of this act among employers, organized labor, health care providers, health insurers, and community-based organizations, and coalitions.

     d.    The commissioner shall take such actions as are reasonably necessary to ensure that the program established pursuant to this act provides clear, complete, and accurate hepatitis C education, information, and referral services in a multiculturally competent manner that is designed to provide appropriate linkages to health care services for persons in need thereof.

     e.     The commissioner shall seek to secure the use of such funds or other resources from private nonprofit or for-profit sources or the federal government to effectuate the purposes of this act as may be available therefor, which shall be used to supplement and shall not supplant State funds used to carry out the purposes of this act.

     f.     The commissioner shall seek, to the maximum extent practicable, to coordinate the activities of the program, as applicable, with services provided separately to specific populations, including, but not limited to, veterans of the United States armed forces, persons participating in private or public drug abuse or alcohol treatment programs, and persons with HIV.

(cf: P.L.2001, c.357, s.3)

 

     1[310.] 311.1  Section 1 of P.L.1999, c.366 (C.26:2U-1) is amended to read as follows:

     1.    The Commissioner of Health [and Senior Services] shall establish  a Statewide network of resources to provide the following services to persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome:  physician training and patient education programs, and a public awareness campaign.

(cf: P.L.1999, c.66, s.1)

 

     1[311.] 312.1  Section 2 of P.L.1999, c.66 (C.26:2U-2) is amended to read as follows:

     2.    The Department of Health [and Senior Services], in consultation with the New Jersey Chronic Fatigue Syndrome Association, Inc., the Academy of Medicine of New Jersey, and the University of Medicine and Dentistry of New Jersey, shall prepare and make available to all health care providers in the State, upon request, a manual which provides information about the clinical significance, diagnosis and treatment of chronic fatigue syndrome.  The manual may contain any other information which the Commissioner of Health [and Senior Services] deems necessary and may be revised by the department whenever new information about chronic fatigue syndrome becomes available.  The department
shall publicize and make available the manual to the maximum extent possible.

(cf: P.L.1999, c.66, s.2)

 

     1[312.] 313.1  Section 3 of P.L.1999, c.66 (C.26:2U-3) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services], 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.

(cf: P.L.1999, c.66, s.3)

 

     1[313.] 314.1  Section 3 of P.L.1999, c.72 (C.26:2V-3) is amended to read as follows:

     3.    As used in this act:

     "Commissioner" means the Commissioner of [Health and Senior] Human Services.

     "Department" means the Department of [Health and Senior] Human Services.

     "Initiative" means the arthritis quality of life initiative established pursuant to this act.

     "Arthritis" means any of the more than 130 types of arthritis and rheumatic diseases.

(cf: P.L.1999, c.72, s.3)

 

     1[314.] 315.1  Section 5 of P.L.1999, c.72 (C.26:2V-5) is amended to read as follows:

     5.    There is established an Advisory Council on Arthritis in the department to advise the commissioner on the development and implementation of the initiative.  The council shall include:  two members of the Senate, to be appointed by the President of the Senate, who shall not be of the same political party; two members of the General Assembly, to be appointed by the Speaker of the General Assembly, who shall not be of the same political party; the Senior Assistant Commissioner, Public Health Prevention and Protection and the [Assistant Commissioner,] Director of the Division of [Senior] Aging Services in the [department] Department of Human Services; the Director of the Division on Women in the Department of Community Affairs, and a member of the Interagency Council on Osteoporosis, as ex officio members; and 15 public members to be appointed by the commissioner who may include representatives of persons with arthritis, arthritis health organizations, public health educators, experts in arthritis research, prevention, and treatment and health care strategic planning, and health care providers including physicians and nurses. The public members of the council shall serve without compensation and may be reimbursed for any expenses incurred by them in the performance of their duties.

     Legislative members shall serve during their terms of office.  Public members shall serve for a term of three years from the date of their appointment and until their successors are appointed and qualified; except that of the first appointments made:  five shall be for a term of one year, five for two years, and five for three years.

     Vacancies shall be filled in the same manner as the original appointments were made.

     The advisory council shall organize as soon as may be practicable after the appointment of its members and shall select a chairman from among its members and a secretary who need not be a member of the council.

(cf: P.L.1999, c.72, s.5)

 

     1[315.] 316.1  Section 1 of P.L.1999, c.361 (C.26:2W-1) is amended to read as follows:

     1.    The Commissioner of Health [and Senior Services] shall establish a Cancer Awareness, Education and Research Program to provide the following: support for cancer medical research; physician education and awareness; and patient education and screening services, particularly for members of minority groups.

(cf: P.L.1999, c.361, s.1)

 

     1[316.] 317.1  Section 2 of P.L.1999, c.361 (C.26:2W-2) is amended to read as follows:

     2.    The Commissioner of Health [and Senior Services], 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.

(cf: P.L.1999, c.361, s.2)

 

     1[317.] 318.1  Section 1 of P.L.2001, c.196 (C.26:2W-3) is amended to read as follows:

     1.    a. The Commissioner of Health [and Senior Services] shall establish a breast cancer public awareness campaign, as a component of the Cancer Awareness, Education and Research Program established pursuant to P.L.1999, c.361 (C.26:2W-1 et seq.), to promote awareness and outreach throughout the State in regard to breast cancer screening services. The public awareness campaign shall be established in accordance with accepted public health practice and recommendations of the federal Centers for Disease Control and Prevention, and within the limits of funds appropriated pursuant to this act and any other resources available for the purposes thereof.

     b.    For the purposes of this act, the commissioner shall, at a minimum:

     (1)   develop and implement a Statewide plan to promote public awareness among members of the public, community-based organizations, and health care providers, and encourage more referrals to breast cancer screening services;

     (2)   distribute promotional incentives for free or discounted items to be provided to women by local retail businesses that will encourage them to undergo mammography and become educated about breast cancer;

     (3)   provide for the use of public service announcements and printed materials in both English and Spanish;

     (4)   seek to disseminate information through a variety of entities, including, but not limited to, primary care sites, health care facilities, local health departments and clinics, county offices on the aging, pharmacies, libraries, YWCAs and YMCAs, senior centers, houses of worship, programs that serve victims of domestic violence, other community-based outreach programs and organizations, and the Internet;

     (5)   consult and seek to collaborate with at least the following entities to effectuate the public awareness campaign:  the New Jersey Primary Care Association, the American Cancer Society, the Medical Society of New Jersey, the New Jersey Hospital Association, Planned Parenthood, AARP, the New Jersey Advisory Commission on the Status of Women, the New Jersey State Commission on Cancer Research, The Cancer Institute of New Jersey, the New Jersey Pharmacists Association, the Health Research and Educational Trust of New Jersey, and The Peer Review Organization of New Jersey, Inc.;

     (6)   establish and publicize the availability of a toll-free telephone number operated by the Department of Health [and Senior Services] to provide information and referral to members of the general public about breast screening services, with particular emphasis on facilitating free and reduced charge screening for low-income and uninsured women; and

     (7)   seek to secure the use of such funds or other resources from private nonprofit or for-profit sources or the federal government to effectuate the purposes of this act as may be available therefor, which shall be used to supplement and shall not supplant State funds used to carry out the purposes of this act.

(cf: P.L.2001, c.196, s.1)

 

     1[318.] 319.1  Section 1 of P.L.2000, c.25 (C.26:2X-1) is amended to read as follows:

     1.    The Commissioner of Health [and Senior Services] shall establish a public awareness campaign to inform the general public about the clinical significance of meningitis and its public health implications, including its causes and the most effective means of prevention and treatment.

(cf:  P.L.2000, c.25, s.1)

     1[319.] 320.1  Section 3 of P.L.2000, c.25 (C.26:2X-2) is amended to read as follows:

     3.    The Commissioner of Health [and Senior Services], 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.

(cf: P.L.2000, c.25, s.3)

 

     1[320.] 321.1  Section 1 of P.L.2006, c.64 (C.26:2X-3) is amended to read as follows:

     1.    The Commissioner of Health [and Senior Services], in consultation with the Commissioner of Education, shall develop an educational fact sheet concerning meningococcal meningitis for distribution to parents or guardians of students in grades 6 through 12, pursuant to section 2 of P.L.2006, c.64 (C.18A:40-21.2).  The educational fact sheet shall include, but need not be limited to, the following information:

     a.     the causes, symptoms, and means of transmission of meningococcal meningitis;

     b.    the availability, effectiveness, and risks of the meningitis vaccine; and

     c.     where additional information concerning the disease can be obtained.

(cf: P.L.2006, c.64, s.1)

 

     1[321.] 322.1  Section 2 of P.L.2001, c.304 (C.26:2Y-2) is amended to read as follows:

     2.    The Legislature finds and declares that:

     a.     In the absence of appropriate housing with supportive services, many elders or people with physical disabilities are often subject to inappropriate, premature, or overextended institutionalization.  This results in the overutilization of costly services and the negative impact of the institutional environment on the individual's emotional and physical well-being.  A need exists to fill this gap in the housing continuum between independent living and institutionalization for those elders and physically disabled citizens who are in need of shelter and services to remain in the community.

     b.    Adult family care has proven to be a successful and cost-effective means of fulfilling basic shelter and everyday service needs of elders and physically disabled adults, thereby enabling them to preserve their independence, choice and dignity in a secure environment.

     c.     Therefore, it is the policy of this State to promote the health, safety and welfare of its elderly and physically disabled citizens by encouraging the development of adult family care homes for elders and physically disabled adults and to provide for the licensing of caregivers and regulation of such adult family care homes by the Department of Health [and Senior Services].

(cf: P.L.2001, c.304, s.2)

 

     1[322.] 323.1  Section 3 of P.L.2001, c.304 (C.26:2Y-3) is amended to read as follows:

     3.    As used in this act:

     "Activities of daily living" or "ADL" means functions and tasks for self-care which are performed either independently or with supervision or assistance, which include, but are not limited to, mobility, transferring, walking, grooming, bathing, dressing and undressing, eating, and toileting.

     "Adult family care" means a 24-hour per day living arrangement for persons who, because of age or physical disability, need assistance with activities of daily living, and for whom services designed to meet their individual needs are provided by licensed caregivers in approved adult family care homes.

     "Adult family care caregiver" means a person licensed to provide care and services in the daily operation of an adult family care home, but does not include the owner or lessor of the building in which the adult family care home is situated unless the owner or lessor is also the provider of care and services in the adult family care home.

     "Adult family care home" means a residence regulated by the department and housing no more than three clients, in which personal care and other supportive services are provided by an individual who has been licensed by the department as an adult family care caregiver.   "Adult family care home" shall not include a rooming or boarding house used and operated under license of the Department of Community Affairs pursuant to P.L.1979, c.496 (C.55:13B-1 et seq.).

     "Adult family care sponsor agency" means an entity licensed by the department to administer an adult family care program within a given area, which provides essential administrative and clerical support services to two or more caregivers, and which shall not be considered to be a health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2).

     "Client" means an elder or person with physical disabilities enrolled in adult family care.

     "Commissioner" means the Commissioner of Health [and Senior Services].

     "Department" means the Department of Health [and Senior Services].

     "Elder" means a person sixty years of age or older.

(cf: P.L.2001, c.304, s.3)


     1[323.] 324.1  Section 13 of P.L.2001, c.304 (C.26:2Y-11) is amended to read as follows:

     13.  The Commissioner of Health [and Senior Services], 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.

(cf: P.L.2001, c.304, s.13)

 

     1[324.] 325.1  Section 2 of P.L.2005, c.274 (C.26:2MM-2) is amended to read s follows:

     2.    As used in this act:

     "Alcohol and drug counselor" means a person who is a certified alcohol and drug counselor or a licensed clinical alcohol and drug counselor pursuant to P.L.1997, c.331 (C.45:2D-1 et seq.).

     "Attempted suicide" means destructive behavior intended by the actor to result in the actor's harm or death.

     "Completed suicide" means a death that is known or reasonably suspected to have resulted from an intentional act of the deceased, regardless of whether it has been ruled a suicide by a medical examiner.

     "Council" means the New Jersey Elderly Person Suicide Prevention Advisory Council established pursuant to section 3 of this act.

     "Department" means the Department of [Health and Senior] Human Services.

     "Elderly person" means a person 65 years of age and older.

     "Licensed clinical social worker" means a person who holds a current, valid license issued pursuant to subsection a. of section 6 or subsection a. or d. of section 8 of P.L.1991, c.134 (C.45:15BB-1 et seq.).

(cf: P.L.2005, c.274, s.2)

 

     1[325.] 326.1  Section 3 of P.L.2005, c.274 (C.26:2MM-3) is amended to read as follows:

     3.    There is established in the Department of [Health and Senior] Human Services the New Jersey Elderly Person Suicide Prevention Advisory Council.

     a.     The purpose of the council shall be to examine existing needs of and services for elderly persons at risk of suicide and make recommendations to the department for suicide prevention and intervention strategies to help reduce the incidence of attempted and completed suicides among elderly persons.

     b.    The council shall consist of nine members as follows:

     (1)   the Commissioners of Health [and Senior Services] and Human Services and the chairman of the Community Mental Health Citizens Advisory Board established pursuant to P.L.1957, c.146 (C.30:9A-1 et seq.), or their designees, who shall serve ex officio;

     (2)   two public members appointed by the Governor, one of whom shall be a person with personal or family experience with suicide of an elderly person and one of whom shall be an alcohol and drug counselor;

     (3)   two public members appointed by the Speaker of the General Assembly, who are not members of the same political party, one of whom shall be a registered professional nurse and one of whom shall be a licensed clinical social worker; and

     (4)   two public members appointed by the President of the Senate, who are not members of the same political party, one of whom shall be a physician who has been specially trained in caring for elderly persons and has a certificate of added qualifications in geriatrics and one of whom shall be a geropsychiatrist.

     c.     The public members shall be appointed no later than 60 days after the enactment of this act.

     d.    The public members shall serve for a term of five years; but, of the members first appointed, two shall serve for a term of three years, two shall serve for a term of four years and two shall serve for a term of five years.  Members are eligible for reappointment upon the expiration of their terms.  Vacancies in the membership of the council shall be filled in the same manner provided for the original appointments.

     e.     The council shall organize as soon as practicable following the appointment of its members and shall select a chairperson and vice-chairperson from among the members.  The chairperson shall appoint a secretary who need not be a member of the council.

     f.     The public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the council.

     g.     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 to it for its purposes.

     h.     The Department of [Health and Senior Service] Human Services shall provide staff support to the council.

(cf: P.L.2005, c.274, s.3)

 

     1[326.] 327.1  Section 115 of P.L.2008, c.29 (C.26:2NN-1) is amended to read as follows:

     115.  a. The Department of [Health and Senior] Human Services shall maintain a toll-free information "Law Enforcement Officer Crisis Intervention Services" telephone hotline on a 24-hour basis.

     The hotline shall receive and respond to calls from law enforcement officers and sheriff's officers who have been involved in any event or incident which has produced personal or job-related depression, anxiety, stress, or other psychological or emotional tension, trauma, or disorder for the officer and officers who have been wounded in the line of duty.  The operators of the hotline shall seek to identify those officers who should be referred to further debriefing, and counseling services, and to provide such referrals.  In the case of wounded officers, those services may include peer counseling, diffusing, debriefing, group therapy and individual therapy as part of a coordinated assistance program, to be known as the "Blue Heart Law Enforcement Assistance Program," designed and implemented by the University of Medicine and Dentistry of New Jersey's University Behavioral Healthcare Unit.

     b.    The operators of the hotline shall be trained by the Department of [Health and Senior] Human Services and, to the greatest extent possible, shall be persons, who by experience or education, are:  (1) familiar with post trauma disorders and the emotional and psychological tensions, depressions, and anxieties unique to law enforcement officers and sheriff's officers; or (2) trained to provide counseling services involving marriage and family life, substance abuse, personal stress management, and other emotional or psychological disorders or conditions which may be likely to adversely affect the personal and professional well-being of a law enforcement officer and a sheriff's officer.

     c.     To ensure the integrity of the telephone hotline and to encourage officers to utilize it, the commissioner shall provide for the confidentiality of the names of the officers calling, the information discussed by that officer and the operator, and any referrals for further debriefing or counseling; provided, however, the commissioner may, by rule and regulation, (1) establish guidelines providing for the tracking of any officer who exhibits a severe emotional or psychological disorder or condition which the operator handling the call reasonably believes might result in harm to the officer or others and (2) establish a confidential registry of wounded New Jersey law enforcement officers.

(cf: P.L.2008, c.29, s.115)

 

     1[327.] 328.1  Section 16 of P.L.2008, c.39 (C.26:2NN-2) is amended to read as follows:

     116. The Commissioner of [Health and Senior] Human Services shall prepare a list of appropriately licensed or certified psychiatrists, psychologists, and social workers; other appropriately trained and qualified counselors; and experienced former law enforcement officers who are willing to accept referrals and to participate in the debriefing and counseling offered law enforcement officers and sheriff's officers under the provisions of sections 115 to 116 of P.L.2008, c.29 (C.26:2NN-1 to C.26:2NN-2).

(cf: P.L.2008, c.29, s.116)

 

     1[328.] 329.1  Section 2 of P.L.2005, c.3 (C.26:3A2-36) is amended to read as follows:

     2.    a. The Department of Environmental Protection, with the concurrence of the Department of Health [and Senior Services]and the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, shall develop a comprehensive plan for the standardization and coordination of county hazardous material response programs to effectively address all incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents.

     The plan shall include procedures for State, county, and local response to incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents, and planning, training, exercising, and equipment requirements designed to assure that local responders have the capacity, competency and capability to protect the public from exposure to those materials, and shall include the adoption of environmental health performance standards and standards of administrative procedures for county hazardous materials response.

     b.    The certified local health agency in each county shall develop, in consultation with their county office of emergency management, a comprehensive, coordinated county-wide emergency response program for incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents for the county that is consistent with the plan developed by the department pursuant to subsection a. of this section.

     c.     In any county in which there is no certified local health agency, the board of chosen freeholders shall designate a local health agency from the county to develop, in consultation with the county office of emergency management and the Department of Health [and Senior Services], a comprehensive, coordinated county-wide emergency response program for incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents for the county that is consistent with the plan developed by the department pursuant to subsection a. of this section.

(cf: P.L.2005, c.3, s.2)

 

     1[329.] 330.1  Section 4 of P.L.2005, c.3 (C.26:3A2-38) is amended to read as follows:

     4.    a. The Department of Environmental Protection, with the concurrence of the Department of Health [and Senior Services] and the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, and in consultation with representatives of certified local health agencies, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that:

     (1)   establish criteria and procedures for the award of grants to certified local health agencies, or local health agencies, as appropriate, pursuant to section 3 of P.L.2005, c.3 (C.26:3A2-37);

     (2)   establish environmental health performance standards and standards of administrative procedures for county hazardous materials response for incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents; and

     (3)   establish criteria and procedures for the development of inter-local agreements to facilitate the creation of a Statewide mutual aid network for responding to incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents

     b.    Prior to the adoption of rules and regulations pursuant to subsection a. of this section, and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Environmental Protection may, immediately upon filing the proper notice with the Office of Administrative Law, adopt such temporary rules and regulations as the commissioner determines are necessary to implement the provisions of P.L.2005, c.3 (C.26:3A2-36 et al.).  The temporary rules and regulations shall be in effect for a period not to exceed 270 days after the date of the filing, except that in no case shall the temporary rules and regulations be in effect one year after the effective date of P.L.2005, c.3 (C.26:3A2-36 et al.).  The temporary rules and regulations shall thereafter be amended, adopted or readopted by the commissioner as the commissioner determines is necessary in accordance with the requirements of the "Administrative Procedure Act."

(cf: P.L.2005, c.3, s.4)

 

     1[330.] 331.1  Section 8 of P.L.2005, c.383 (C.26:3D-62) is amended to read as follows:

     8.    a.  The person having control of an indoor public place or workplace shall order any person smoking in violation of this act to comply with the provisions of this act.  A person, after being so ordered, who smokes in violation of this act is subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense.  A penalty shall be recovered in accordance with the provisions of subsections c. and d. of this section.

     b.    The Department of Health [and Senior Services] or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that an indoor public place or workplace covered by the provisions of this act is or may be in violation of the provisions of this act, shall, by written notification, advise the person having control of the place accordingly, and order appropriate action to be taken.  A person receiving that notice who fails or refuses to comply with the order is subject to a fine of not less than $250 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense.  In addition to the penalty provided herein, the court may order immediate compliance with the provisions of this act.

     c.     A penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health [and Senior Services] or by and in the name of the local board of health.  When the plaintiff is the Commissioner of Health [and Senior Services], the penalty recovered shall be paid by the commissioner into the treasury of the State.  When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.

     d.    A municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this act if the violation has occurred within the territorial jurisdiction of the court.  The proceedings shall be summary and in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health [and Senior Services], or the local board of health, as the case may be, as plaintiff.

     e.     The penalties provided in subsections a. and b. of this section shall be the only civil remedy for a violation of this act, and there shall be no private right of action against a party for failure to comply with the provisions of this act.

(cf: P.L.2005, c.383, s.8)

 

     1[331.] 332.1  Section 10 of P.L.2005, c.383 (C.26:3D-64) is amended to read as follows:

     10. The Commissioner of Health [and Senior Services], 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.

(cf: P.L.2005, c.383, s.10)

 

     1[332.] 333.1  Section 1 of P.L.2005, c.26 (C.26:3E-14) is amended to read as follows:

     1.    The Commissioner of Health [and Senior Services], in consultation with the New Jersey Restaurant Association, shall prepare a fact sheet, to be directed to restaurant managers and staff, which is designed to explain nut allergies and the health-related consequences to persons with [such] nut allergies who are exposed to food items that contain or are prepared with nut products, and includes a recommendation that restaurants identify such food items on their menus.  The commissioner shall make this fact sheet available to local boards of health by electronic or other means of distribution, and local health officers shall furnish this information to restaurants at the time of inspection.

     As used in this section:

     "Nut" means[:] peanuts and tree nuts, including, but not limited to, almonds, brazil nuts, cashews, hazelnuts, filberts, macadamia nuts, pecans, pistachios, and walnuts; and

     "Restaurant" means an establishment in which the principal business is the sale of food for consumption on the premises.