S3210

An Act concerning family leave, supplementing Title 26 of the Revised Statutes, and amending P.L.2014, c.68.

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

1. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“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 maternity care.

"Hospital" means an acute care hospital licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) that provides maternity care.

2. (New section) The Department of Health, in consultation with the Department of Labor, shall develop a pamphlet and other informational materials and distribute to hospitals and health care providers to inform patients on the availability of programs developed pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.).

3. (New section) Hospitals and health care providers shall make available in their respective patient waiting areas pamphlets and other informational materials distributed to the hospitals and health care providers pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. Section 5 of P.L.2014, c.68 (C.26:2H-5.28) is amended to read as follows:

5. a. As soon as possible prior to a patient's discharge from a hospital to the patient's residence, the hospital shall consult with the designated caregiver and issue a discharge plan that describes a patient's after-care assistance needs, if any, at the patient's residence. The consultation and issuance of a discharge plan shall occur on a schedule that takes into consideration the severity of the patient's condition, the setting in which care is to be delivered, and the urgency of the need for caregiver services. In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient. The hospital shall promptly document the attempt in the patient's medical record. At a minimum, the discharge plan shall include:

(1) The name and contact information of the caregiver designated under this act;

(2) A description of all after-care assistance tasks necessary to maintain the patient's ability to reside at home; [and]

(3) Contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient's discharge plan, and contact information for a hospital employee who can respond to questions about the discharge plan after the instruction provided pursuant to subsection b. of this section ; and

(4) Pamphlets and other informational materials distributed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) to inform patients on the availability of programs developed pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.).

b. The hospital issuing the discharge plan must provide caregivers with instructions in all after-care assistance tasks described in the discharge plan. Training and instructions for caregivers may be conducted in person or through video technology, at the discretion of the caregiver. Any training or instructions provided to a caregiver shall be provided in non-technical language, to the extent possible. At a minimum, this instruction shall include:

(1) A live or recorded demonstration of the tasks performed by an individual designated by the hospital, who is authorized to perform the after-care assistance task, and is able to perform the demonstration in a culturally-competent manner and in accordance with the hospital's requirements to provide language access services under State and federal law;

(2) An opportunity for the caregiver to ask questions about the after-care assistance tasks; and

(3) Answers to the caregiver's questions provided in a culturally-competent manner and in accordance with the hospital's requirements to provide language access services under State and federal law.

c. Any instruction required under this act shall be documented in the patient's medical record, including, at a minimum, the date, time, and contents of the instruction.

(cf: P.L.2014, c.68, s.5)

5. The Department of Health shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules or regulations necessary to effectuate the provisions of this act, including rules and regulations to require hospitals to provide maternity patients pamphlets and other informational materials distributed to the hospitals pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) upon patients’ discharge from the hospital.

6. This act shall take effect 180 days after the date of enactment.

STATEMENT

This bill requires distribution of family leave informational materials to certain patients. Under the bill, the Department of Health, in consultation with the Department of Labor, is to develop a pamphlet and other informational materials for distribution to hospitals and health care providers to inform patients on the availability of programs developed pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.). Hospitals and health care providers are to make the pamphlets and other informational materials available to their patients.

The bill provides that hospitals are to distribute the pamphlets and other informational materials to caregivers and maternity care patients and upon patients’ discharge from the hospital.