[Second Reprint]

SENATE, No. 2384

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED MAY 4, 2020

 


 

Sponsored by:

Senator† LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator† NIA H. GILL

District 34 (Essex and Passaic)

Assemblyman† WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

Assemblywoman† VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman† RAJ MUKHERJI

District 33 (Hudson)

 

Co-Sponsored by:

Senators Addiego, O'Scanlon, Diegnan, Assemblywoman Tucker, Assemblyman Giblin, Assemblywoman Downey, Assemblymen Benson, Danielsen and Houghtaling

 

 

 

 

SYNOPSIS

†††† Requires health care facilities to report certain coronavirus disease 2019 (COVID-19) data related to health care workers and certain first responders.

 

CURRENT VERSION OF TEXT

†††† As reported by the Assembly Appropriations Committee on December 15, 2020, with amendments.

††


An Act concerning data reporting related to the coronavirus disease 2019 pandemic.

 

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

 

††††† 1.†† a.† (1)† The Commissioner of Health shall require general acute care hospitals, special hospitals, ambulatory care facilities, ambulatory surgical centers, 1assisted living facilities, home health agencies,1 and nursing homes licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) 1, as well as hospice programs licensed pursuant to P.L.1997, c.78 (C.26:2H-79 et seq.),1 to report to the Department of Health 2, either directly or through a non-profit trade association, on a bi-monthly basis, de-identified2 data on the number of health care professionals, ancillary health care workers, and emergency medical services personnel 2[affiliated with] employed by2 the facility who 1[:]1 tested positive for the coronavirus disease 2019 1[;] and who1 died from the coronavirus disease 2019 1[; and were admitted for treatment for the coronavirus disease 2019]1

††††† (2)† 1The information required pursuant to this subsection shall be filed in a form and manner 2[, and at such frequencies,]2 as shall be required by the department.† To ensure the integrity and accuracy of the information reported pursuant to this subsection, the department shall seek to identify and minimize duplicative reporting from multiple facilities concerning the same individual in the event that the individual is employed by, or affiliated with, more than one facility that is subject to the reporting requirements set forth in this section.†

††††† 2[(3)† The department shall issue guidance concerning the specific health care professionals, ancillary health care workers, and emergency medical services personnel for whom reporting shall be required pursuant to this subsection.†

††††† (4)† The department may require the reporting of any additional information as shall be appropriate to maximize the utility of the information reported pursuant to this subsection, including, but not limited to, requiring specific information be reported concerning the professional licensure or certification or specific job title or category of the individual who is the subject of the report.

††††† (5)1The commissioner shall compile the data reported pursuant to this subsection 1in the manner the commissioner determines to be the most effective and utilitarian means of compiling and analyzing the data, which may, but shall not be required to, include compiling the data1 by facility type and by professional license or certification type, if any, or by job title or category.]2

††††† b.†† The department shall 2[publish on its Internet website] issue a report concerning2 the occupational data received pursuant to subsection a. of this section 2[.† The department shall update its Internet website 1[on a daily basis]1 by publishing the latest data received by the department pursuant to subsection a. of this section 1as those data become available1 .† To the extent possible, the data reported by the department pursuant to this subsection may be merged and cross-referenced with the data published by the department pursuant to subsection b. of section 1 of P.L.2020, c.28] no later than 12 months after the end of both the state of emergency and public health emergency declared in response to the coronavirus disease 2019 pandemic2 .

††††† 1c.† Nothing in this section shall be construed to require disclosure of any private health information or personal identifying information in violation of any State or federal law, including the federal "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191 and any regulations promulgated thereunder by the Secretary of the U.S. Department of Health and Human Services.1

 

†††† 2[12.††† a.† The Commissioner of Health shall require general acute care hospitals, special hospitals, ambulatory care facilities, ambulatory surgical centers, assisted living facilities, home health agencies, and nursing homes licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), as well as hospice programs licensed pursuant to P.L.1997, c.78 (C.26:2H-79 et seq.), to adopt standards, procedures, and protocols that incorporate current guidance issued by the Department of Health and by the federal Centers for Disease Control and Prevention to evaluate and mitigate the risk of exposure to, and spread of, coronavirus disease 2019 (COVID-19) in healthcare settings.†

†††† b.††† No later than 60 days after the end of both the state of emergency and the public health emergency declared in response to the COVID-19 pandemic, general acute care hospitals, special hospitals, ambulatory care facilities, ambulatory surgical centers, assisted living facilities, home health agencies, nursing homes, and hospice programs shall complete an analysis of COVID-19 exposures identified throughout their workforces during each month in which the state of emergency and public health emergency in response to COVID-19 were in effect, along with the measures taken by the facility to respond to or mitigate the risk of exposure, and shall submit a report of that analysis to the Department of Health concerning recommended best practices and protocols to mitigate the risk of exposure and spread of communicable disease among health care facility staff and personnel during a communicable disease outbreak, epidemic, or pandemic. †Reports submitted to the department pursuant to this subsection, and any supporting data submitted with or in relation to a report, shall be held as confidential and shall only be used by the department in the development of strategies, plans, protocols, and best practices to improve the Stateís response in the event of future communicable disease outbreaks, as well as for the purposes of preparing the report required pursuant to subsection c. of this section.† To this end, reports and supporting data submitted pursuant to this subsection shall not be subject to public disclosure, shall not be considered a public record 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.), and shall not be used in any adverse licensure action or administrative disciplinary action against the facility submitting the report or data.

†††† c.†††† No later than 120 days after the end of both the state of emergency and the public health emergency declared in response to the COVID-19 pandemic, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, outlining the aggregated data and findings reported by general acute care hospitals, special hospitals, ambulatory care facilities, ambulatory surgical centers, assisted living facilities, home health agencies, nursing homes, and hospice programs pursuant to subsection b. of this section and outlining the commissionerís findings and recommendations for legislation or other action to mitigate the risk of exposure and spread of communicable disease among health care facility staff and personnel during a communicable disease outbreak, epidemic, or pandemic.1]2

 

††††† 1[2.] 2[3.1] 2.2This act shall take effect immediately and shall expire one 1[month] 2[year1 after the end of both the state of emergency and the public health emergency declared in response to the coronavirus disease 2019 pandemic] month after issuance of the report required pursuant to subsection b. of section 1 of this act2 .