SENATE, No. 1620
STATE OF NEW JERSEY
INTRODUCED OCTOBER 28, 1996
By Senator SINAGRA
An Act concerning the licensure of hospices and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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 public agency or private organization, or subdivision of either of these entities, 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 certified or 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. a. A hospice care program shall not operate in this State unless it possesses a valid license issued by the Department of Health and Senior Services pursuant to this act.
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.
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. The department shall only issue a license to a hospice care program that provides written documentation that it is 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.).
d. 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.
e. 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.).
3. 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.
4. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill establishes a licensing program in the Department of Health and Senior Services for hospice care programs. Only those hospice care programs that are certified as meeting conditions for Medicare participation will qualify for licensure under the bill.
A "hospice care program" is defined as a coordinated program of home, outpatient and inpatient care and services that provides care and services 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 will be required to provide the following care and services: nursing care; physical, occupational, or speech or language therapy; medical social services; home health aide services; medical supplies and the use of medical appliances; physician's services; short-term inpatient care; counseling services; services of volunteers; and bereavement services.
Pursuant to the bill, a hospice care program will not be permitted to operate in the State without a valid license from the Department of Health and Senior Services. Also, an agency or organization will not be permitted to assume, represent itself as or use the word "hospice" or any modification or derivative thereof, unless the agency or organization is licensed by the department.
In addition, the bill provides that hospice care programs licensed under the bill are not subject to the State's certificate of need requirement for health care facilities.
Establishes a licensing program for hospice care programs.