S1150

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) The Department of Health, in consultation with the Department of Labor, shall develop a pamphlet and other informational materials for distribution to patients by health care professionals and licensed health care facilities concerning the availability of programs developed pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.). The department shall make the pamphlet and other informational materials available to all health care professionals and licensed health care facilities, as well as on its Internet website, and shall distribute the pamphlet to health care professionals and health care facilities that provide maternity care services. Health care professionals and licensed health care facilities that provide maternity care services shall make the pamphlets and informational materials available in patient waiting areas and shall distribute the pamphlet and informational materials to maternity care patients upon discharge.

2. 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) A copy of the pamphlet and other informational materials prepared pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning 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)

3. 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 requiring licensed health care facilities providing maternity care services to provide maternity patients with the pamphlet and other informational materials prepared pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) upon discharge.

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

STATEMENT

This bill requires the Department of Health to develop, in consultation with the Department of Labor, a pamphlet and informational materials for patients concerning the availability of programs developed pursuant to the “Family Leave Act,” P.L.1989, c.261 (C.34:11B-1 et seq.). The department is to make the pamphlet and informational materials available to all health care professionals and licensed health care facilities, as well as through its Internet website, and will be required to distribute the pamphlet and informational materials to health care professionals and health care facilities that provide maternity care services. Health care professionals and facilities providing maternity care services will be required to make the pamphlet and informational materials available in their patient waiting areas, and to distribute the pamphlet and informational materials to maternity care patients upon discharge.

The bill additionally requires hospitals providing a discharge plan to a patient caregiver pursuant to section 5 of P.L.2014, c.68 (C.26:2H-5.28) to include a copy of the pamphlet and informational materials in with the discharge plan.