Bill Text: NJ A4683 | 2018-2019 | Regular Session | Amended


Bill Title: Requires certain medical facilities to undertake end-of-life planning and training.*

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2019-12-16 - Substituted by S3116 (3R) [A4683 Detail]

Download: New_Jersey-2018-A4683-Amended.html

[First Reprint]

ASSEMBLY, No. 4683

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 29, 2018

 


 

Sponsored by:

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex)

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex)

 

Co-Sponsored by:

Assemblywoman Vainieri Huttle, Assemblymen Johnson and Calabrese

 

 

 

 

SYNOPSIS

     Requires certain medical facilities to undertake end-of-life planning and training.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Health and Senior Services Committee on December 5, 2019, with amendments.

  


An Act concerning end-of-life care 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.   Assisted living facilities, dementia care 1[facilities] homes, nursing homes, assisted living residences, comprehensive personal care homes, residential health care facilities1 , hospitals, and long-term care facilities 1licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)1 shall:

     (1)   require 1all administrative personnel and professional staff to complete an1 annual 1[education] training1 on advance care planning, end-of-life care 1,1 and 1[POLST] the use of advance directives and Physician Orders for Life-Sustaining Treatment (POLST)1 forms 1[for administrative and professional medical staff]1;

     (2)   provide patients 1and residents,1 and their families, as appropriate, 1with1 educational materials on POLST forms, advance directives, and hospice and palliative care; and

     (3)   1develop and1 implement policies to identify and address end-of-life 1care1 issues 1for patients and residents1 upon 1[patients']1 admission to 1the1 facility.

     b.    The 1[department may suspend the license of] Department of Health shall:

     (1)   issue a training manual via regulation to establish uniform policies and procedures that a facility, at a minimum, shall follow in order to comply with the requirements outlined in subsection a. of this section.  A facility may implement policies and procedures beyond those issued in the department's manual, provided that such policies and procedures do not conflict with the department's regulations; and

     (2)   require1 a facility that fails to comply with the provisions of this section 1to submit a plan of corrective action to the department for approval, and may impose additional penalties or administrative disciplinary action as shall be prescribed by the Commissioner of Health by regulation1 .

     1[c.    As used in this section:

     "Advance directive, department, and POLST form shall have the same meaning as prescribed for those terms in section 3 of P.L.2011, c.145 (C.26:2H-131).

     "Assisted living facility" means an assisted living residence or comprehensive personal care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     "Dementia care home" means a community residential facility

which: (1) provides services to residents with special needs, including, but not limited to, persons with Alzheimer's disease and related disorders or other forms of dementia; (2) is subject to the licensure authority of the Department of Health as a health care facility pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); (3) and meets the requirements of section 19 of P.L.2015, c.125 (C.26:2H-150).

     "Hospital" means an acute care hospital licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.).

     "Long-term care facility" means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).]1

 

     2.    The Department of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as are necessary to effectuate the provisions of section 1 of this act. 

 

     3.    This act shall take effect 180 days after the date of enactment 1, except that the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act1.

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