S2865 1R

An Act concerning certain health care workers ¹and health care facilities¹ and supplementing Title 26 of the Revised Statutes.

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

1. a. Notwithstanding any other provision of law to the contrary, an individual ¹[other than a physician]¹ who is employed by, or provides services at, a general acute care hospital, psychiatric hospital, nursing facility, group home, or assisted living facility shall disclose to that entity:

(1) the name of any other general acute care hospital, psychiatric hospital, nursing facility, group home, or assisted living facility at which the individual is employed or provides services, which disclosure shall be made no later than 30 days after the effective date of this act or 30 days after the date the individual commences employment with, or begins providing services at, the other general acute care hospital, psychiatric hospital, nursing facility, group home, or assisted living facility, whichever date is later; and

(2) any outbreak of an infectious disease occurring at a general acute care hospital, psychiatric hospital, nursing facility, group home, or assisted living facility at which the individual is employed or provides services ¹of which the individual receives notice pursuant to subsection c. of this section¹ , which disclosure shall be made as soon as practicable after the individual ¹[knows or reasonably should know] is provided notice¹ of the outbreak.

b. ¹[A] (1) Except as provided in paragraph (2) of this subsection, a¹ general acute care hospital, psychiatric hospital, nursing facility, group home, or assisted living facility that identifies an individual who fails to make a disclosure required under this section ¹[shall report the individual to the Department of Health and to the professional licensing board having jurisdiction over the individual, if any] may take appropriate action to respond to the nondisclosure, including taking disciplinary action against the individual, provided such action is in accordance with written policies established by the facility that have been furnished to individuals employed by, or providing services at, the facility.

(2) In no case may a general acute care hospital, psychiatric hospital, nursing facility, group home, assisted living facility, or any other entity take administrative or disciplinary action against an individual who fails to disclose an outbreak of an infectious disease occurring at a general acute care hospital, psychiatric hospital, nursing facility, group home, or assisted living facility at which the individual is employed or provides services, if the facility at which the outbreak is occurring did not provide notice of the outbreak as required under subsection c. of this section¹ .

c. ¹[An individual who fails to make a disclosure required under this section may be liable to up to a 30-day suspension of the individual’s professional licensure or certification, if any, a civil penalty of up to $1,000 for each violation, or both. A civil penalty assessed under this subsection shall be collected by and in the name of the Department of Health in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.199, c.274 (C.2A:58-10 et seq.)] Each general acute care hospital, psychiatric hospital, nursing facility, group home, and assisted living facility shall establish protocols to promptly notify individuals employed by or providing services at the facility of any outbreak of an infectious disease that occurs at the facility, which notice shall be provided as soon as practicable after the outbreak is detected and shall include details, to the extent they are available, concerning the name of disease, the known modes of transmission and the transmission rate for the virus or bacterium that causes the disease, and the extent of the outbreak at the facility. A general acute care hospital, psychiatric hospital, nursing facility, group home, or assisted living facility that fails to provide notice of an outbreak of an infectious disease as required under this subsection shall be subject to monetary penalties, adverse licensure action, or other disciplinary actions as shall be established by rules and regulations promulgated by the Commissioner of Health¹ .

¹2. The Commissioner of Health shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the provisions of this act.¹

¹[2.] 3.¹ This act shall take effect 30 days after the date of enactment.