ASSEMBLY HEALTH COMMITTEE

STATEMENT TO

ASSEMBLY, No. 434

with committee amendments

STATE OF NEW JERSEY

DATED: MARCH 11, 1996

      The Assembly Health Committee favorably reports Assembly Bill No. 434 with committee amendments.

      As amended by the committee, this bill requires a long-term care facility to accept a do not resuscitate order from an attending physician when a resident who has not executed an advance directive for health care is transferred from a hospital where the order was issued to the long-term care facility.

      The committee amended the bill to require that if a resident covered under the provisions of this bill is discharged to a hospital and returns to the facility within 30 days of discharge, a do not resuscitate order issued by the resident's attending physician in the hospital shall be indicated on the hospital transfer form and shall be operative for no more than 48 hours or until the resident's attending physician has had the opportunity to review the appropriateness of the transfer order.

      Religiously-affiliated long-term care facilities would be permitted to develop policies and practices defining circumstances in which they would decline to accept the do not resuscitate order from the transferring hospital. In that regard, the committee amended the bill to provide that:

      -- the facility would be required to inform the resident and his family and, if appropriate, the resident's legal representative, of its policies and practices in this area prior to admission; and

      -- if the policies and practices conflict with the legal rights of the resident, the facility would attempt to resolve the conflict through the dispute resolution process established by the facility pursuant to section 14 of P.L.1991, c.201 (C.26:2H-66) and, if an accommodation could not be made, transfer the resident to an appropriate facility.

      The committee amendments also provide that a do not resuscitate order issued by the resident's attending physician may be revoked at any time by the resident or the resident's legal representative.

      In addition, the committee amendments provide immunity from criminal or civil liability to a long-term care facility or its trustees, directors, officers, employees, agents, servants or volunteers for actions performed in good faith and in accordance with the provisions of the bill.

      This bill was prefiled for introduction in the 1996-97 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.