ASSEMBLY, No. 4739

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED SEPTEMBER 24, 2020

 


 

Sponsored by:

Assemblywoman† JOANN DOWNEY

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

†††† Regulates allocation of health care resources during public health emergencies.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning the allocation of health care resources during public health emergencies and supplementing Title 26 of the Revised Statutes.

 

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

 

†††† 1.† During a state of public health emergency, the Commissioner of Health shall, for such period as the state of public health emergency exists, require health care facilities and health care professionals to:

†††† a. †permit a patient, who is eligible for intensive care unit services and other critical care services during ordinary circumstances, to remain eligible for such services irrespective of the patientís age, disability, or other factors pertaining to the patientís identity;

†††† b. †provide patients individualized assessments based on the best available objective medical evidence;

†††† c. †ensure that no patient is denied care based on stereotypes, assessments of the patientís quality of life, or assessments related to whether the patient is disabled or other factors pertaining to the patientís identity;

†††† d. †ensure that decisions on the allocation of health care resources are not based on and, to the extent that it is possible, made with knowledge of a patientís age, race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership or civil union status, sex, affectional or sexual orientation, gender identity or expression, disability, place of residence, or socioeconomic or health insurance status;

†††† e.†††† distribute patients and critical care resources, including ventilators, among health care facilities in the State in a manner that reduces shortages of health care resources; and

†††† f.†††† implement and complete such training for health care professionals and other staff as is necessary to effectuate the provisions of this act.

 

†††† 2.††† The Commissioner of Health shall adopt rules and regulations, in accordance with the ďAdministrative Procedure Act,Ē P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.

 

†††† 3.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill regulates the allocation of health care resources during public health emergencies.† The bill provides that, during a state of public health emergency, the Commissioner of Health is to require health care facilities and health care professionals to: 1) permit a patient, who is eligible for intensive care unit services and other critical care services during ordinary circumstances, to remain eligible for such services irrespective of the patientís age, disability, or other factors pertaining to the patientís identity; 2) provide patients individualized assessments based on the best available objective medical evidence; 3) ensure that no patient is denied care based on stereotypes, assessments of the patientís quality of life, or assessments related to whether the patient is disabled or other factors pertaining to the patientís identity; 4) ensure that decisions on the allocation of health care resources are not based on and, to the extent that it is possible, made with knowledge of a patientís age, race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership or civil union status, sex, affectional or sexual orientation, gender identity or expression, disability, place of residence, or socioeconomic or health insurance status; 5) distribute patients and critical care resources, including ventilators, among health care facilities in the State in a manner that reduces shortages of health care resources; and 6) implement and complete such training for health care professionals and other staff as is necessary to effectuate the provisions of this bill.