SENATE, No. 1677

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 18, 1996

By Senators SINGER and CONNORS

An Act concerning mobile intensive care units and amending P.L.1984, c.146 and P.L.1992, c.160.

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

    1. Section 6 of P.L.1984, c.146 (C.26:2K-12) is amended to read as follows:

    6. a. Only a hospital authorized by the commissioner with an accredited emergency service may develop and maintain a mobile intensive care unit, and provide advanced life support services utilizing licensed physicians, registered professional nurses trained in advanced life support nursing, and mobile intensive care paramedics.

    b. A hospital authorized by the commissioner pursuant to subsection a. of this section shall provide mobile intensive care unit services on a seven- day-a-week basis.

    c. The commissioner shall establish, in writing, criteria which a hospital shall meet in order to qualify for the authorization.

    d. The commissioner may withdraw his authorization if the hospital or unit violates any provision of this act or rules or regulations promulgated pursuant thereto.

    e. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, a hospital which is authorized by the commissioner to operate a mobile intensive care unit pursuant to subsection a. of this section, may expand the number of mobile intensive care units and hours of service which it provides, as the hospital determines necessary to meet the needs of the population in its geographic service area, without obtaining a certificate of need; provided that any additional unit and its staff shall comply with the provisions of P.L.1984, c.146 (C.26:2K-7 et seq.) and the regulations adopted by the commissioner pursuant thereto.

(cf: P.L.1985, c.351, s.2)

    2. 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;

    Changes in vehicles or hours of operation of a mobile intensive care unit authorized pursuant to P.L.1984, c.146 (C.26:2K-7 et seq.);

    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] Health and Senior Services' 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.

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

    3. This act shall take effect immediately.

STATEMENT

    This bill would permit a hospital which is authorized by the Commissioner of Health and Senior Services under P.L.1984, c.146 (C.26:2K-7 et seq.) to operate a mobile intensive care unit (MICU), to expand the number of MICU's and hours of service which it provides, as it determines necessary to meet the needs of the population in its geographic service area, without obtaining a certificate of need (CON), provided that any additional MICU and its staff comply with the provisions of P.L.1984, c.146 and the regulations of the commissioner with respect to the provision of advanced life support services pursuant to that law.

    This bill is intended to provide hospitals which are currently providing MICU services in accordance with standards required by the Department of Health and Senior Services (DHSS) with the flexibility to expand those services as they determine necessary to meet the growing demand for advanced life support services in their respective geographic service areas, without having to go through the CON process. By doing so, this bill addresses a growing need to increase the availability of advanced life support services for critically ill and injured New Jersey citizens who must rely upon MICU's to avert needless deaths and suffering, without changing the requirement that MICU services be provided in accordance with DHSS standards governing the operation of each MICU and its staff.

Permits a hospital authorized to operate a mobile intensive care unit to expand number of vehicles and hours of service without obtaining a certificate of need.