Bill Text: NJ S369 | 2010-2011 | Regular Session | Amended

---

Bill Title: Requires each hospital board of trustees to adopt a written policy governing conflicts of interest.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-06-10 - Senate Amendment (35-0) (Weinberg) [S369 Detail]

Download: New_Jersey-2010-S369-Amended.html

---

[First Reprint]

SENATE, No. 369

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  ROBERT M. GORDON

District 38 (Bergen)

 

 

 

 

SYNOPSIS

     Requires each hospital board of trustees to adopt a written policy governing conflicts of interest.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Health, Human Services and Senior Citizens Committee on February 4, 2010, with amendments.

  

An Act concerning hospital boards of trustees 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.  The board of trustees of a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall adopt a written policy and procedures governing conflicts of interest on the part of board members¹[, in accordance with standards to be prescribed by regulation of the Commissioner of Health and Senior Services]¹.  Each general hospital shall ¹[file the] maintain its board's¹ written policy and procedures governing conflicts of interest ¹[with] in its administrative records, which policy and procedures shall be available to¹ the Department of Health and Senior Services¹[, which].

     The written policy and procedures shall be updated annually.

     Each general hospital shall post on its website its most current written policy and procedures governing conflicts of interest, and¹ shall make them publicly available upon request.

     b.    The written policy and procedures adopted pursuant to subsection a. of this section shall include, at a minimum, requirements for:

     (1)   the disclosure by a board member of any perceived or actual conflict of interest on the member's part with respect to any matter pending before the board;

     (2)   a prohibition on the board member voting on any such matter, or participating in the discussion relating to the awarding of a contract concerning any such matter by the members of the board; ¹[and]¹

     (3)   the maintenance by the board of a record of the disclosure by the board member of the perceived or actual conflict of interest¹; and 

     (4) public disclosure of all perceived or actual conflicts of interest involving board members, and of any matter involving the awarding of a contract between a general hospital and a board member¹.

     c.     Each hospital board of trustees shall disseminate the written policy ¹and procedures¹ to all current board members upon its adoption and to each new board member upon appointment to the board.

     d.    In the case where a board member has a perceived or actual conflict of interest in a matter involving the awarding of a contract in an amount greater than $25,000, a general hospital shall solicit at least three bids or proposals, as appropriate, with respect to that contract.

     ¹e.  Compliance with the provisions of this section shall be a condition of licensure pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).¹

 

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

 

     ¹[3.] 2.¹     This act shall take effect on the 180th day after enactment¹[, but the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of the act]¹.