Title 26.

Chapter 2H.

Part V. Hospices

§§1-3 - C.26:2H-79 to 26:2H-81

§4-Note to §§1-3

P.L. 1997, CHAPTER 78, approved April 24, 1997

Assembly, No. 2259 (First Reprint)





An Act concerning the licensure of hospices1[, amending P.L.1992, c.160]1 and supplementing Title 26 of the Revised Statutes.


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


    1. 1[(New section)]1 As used in this act, "hospice care program" means a coordinated program of home, outpatient, and inpatient care and services that is operated by a 1[person or]1 public agency 1or private organization, or subsidivision of either of these entities,1 and that provides care and services to hospice patients and to hospice patients' families, through a medically directed interdisciplinary team, under interdisciplinary plans of care in order to meet the physical, psychological, social, spiritual, and other special needs that are experienced during the final stages of illness, dying, and bereavement. A hospice care program shall provide the following care and services:

     a. Nursing care by or under the supervision of a registered professional nurse;

    b. Physical, occupational, or speech or language therapy;

    c. Medical social services by a 1certified or1 licensed social worker under the direction of a physician;

    d. Services of a certified home health aide;

    e. Medical supplies, including drugs and biologicals, and the use of medical appliances related to terminal diagnosis;

    f. Physician's services;

    g. Short-term inpatient care, including both palliative and respite

 care and procedures;

    h. Spiritual and other counseling for hospice patients and hospice patients' families;

    i. Services of volunteers under the direction of the provider of the hospice care program; and

    j. Bereavement services for hospice patients' families.


    2. 1[(New section)]1 a. A hospice care program shall not operate in this State unless it possesses a valid license issued by the Department of Health 1and Senior Services1 pursuant to this act.

    1 No public agency or private organization shall assume, represent itself as or use the word "hospice" or any modification or derivative thereof, unless the agency or organization is licensed pursuant to this act.1

    b. Application for a license for a hospice care program shall be made upon forms prescribed by the department. The department shall charge such nonrefundable fees for the filing of an application for a license and any renewal thereof, as it shall from time to time fix in regulations, except the amount of this fee shall not exceed $2,000. The application shall contain the name of the hospice care program and such other information as the department may require.

    c. 1[The department shall issue a license to a hospice care program, subject to the provisions of subsection d. of this section, upon its finding that the personnel, including principals and management, finances, rules and bylaws, and standards of hospice care are fit and adequate and there is reasonable assurance the hospice care program will be operated in the manner required by this act and rules and regulations adopted by the department.

    d.]1 The department shall 1[not] only1 issue a license to a hospice care program 1[unless the program] that1 provides written documentation that it is 1[currently]1 certified for participation in the federal Medicare program established pursuant to the federal Social Security Act, Pub. L. 89-97 (42 U.S.C. §1395 et seq.).

    1[e.] d.1 A nursing home licensed pursuant to the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.) that does not hold itself out to be a hospice, does not hold itself out as providing a hospice care program, does not use the term hospice to describe or refer to its activities or facilities, and does not provide all of the services enumerated in section 1 of this act is not subject to the licensing provisions of this act.

    1e. A hospice care program licensed pursuant to this act shall not be subject to the certificate of need requirements of P.L.1971, c.136 (C.26:2H-1 et seq.).1


    3. 1[Section 19 of P.L.1992, c.160 (C.26:2H-7a) is amended to read as follows:

    19. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, the following are exempt from the certificate of need requirement:

    Community-based primary care centers;

    Outpatient drug and alcohol services;

    Ambulance and invalid coach services;

    Mental health services which are non-bed related outpatient services;

    Changes in residential health care facility services;

    Mandatory renovations to existing facilities;

    Mandatory replacement of fixed or moveable equipment;

    Transfer of ownership interest except in the case of an acute care hospital, or a long-term care facility in which the owner does not satisfy the Department of Health's review of the owner's prior operating experience as well as any requirements established by the federal government pursuant to Titles XVIII and XIX of the Social Security Act;

    Change of site for approved certificate of need within the same county;

    Relocation or replacement of a health care facility within the same county, except for an acute care hospital;

    Continuing care retirement communities authorized pursuant to P.L.1986, c.103 (C.52:27D-330 et seq.);

    Acquisition by a hospital of a magnetic resonance imager that is already in operation in the State by another health care provider or entity;

    Adult day health care facilities;

    Pediatric day health care facilities; [and]

    Chronic renal dialysis facilities ; and

    Hospice care programs licensed pursuant to section 2 of P.L. , c.     (C. )(pending before the Legislature as this bill).

(cf: P.L.1992, c.160, s.19)]

    The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the provisions of this act.1


    4. This act shall take effect on the 180th day after the date of enactment.




Establishes a licensing program for hospice care programs.