Bill Text: NJ S551 | 2010-2011 | Regular Session | Introduced


Bill Title: Requires certain ambulatory care facilities to provide services to patients without regard to ability to pay or source of payment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S551 Detail]

Download: New_Jersey-2010-S551-Introduced.html

SENATE, No. 551

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Senator  SANDRA B. CUNNINGHAM

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Requires certain ambulatory care facilities to provide services to patients without regard to ability to pay or source of payment.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning ambulatory care facilities 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. A qualified ambulatory care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall not deny appropriate services to a patient on the basis of that patient's ability to pay or source of payment.

     b.    As used in this act, "qualified ambulatory care facility" means a licensed ambulatory care facility:

     (1)   that primarily provides cancer-related diagnostic and treatment services including, but not limited to, radiation, chemotherapy, diagnostic radiology and medical and surgical consultation;

     (2)   with respect to which the majority of interest is not owned by a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); and

     (3)   that has a total square footage in excess of 20,000 square feet.

     c.     A facility that violates the provisions of this section shall be liable to a civil penalty of $10,000 for each violation. The Commissioner of Health and Senior Services shall recover any penalty provided for in this subsection in an administrative proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58‑10 et seq.).

     d.    A facility subject to the provisions of this act shall report to the Commissioner of Health and Senior Services on an annual basis the number of patients provided services that were not able to pay for those services in whole or in part, and the value of the services provided for which payment or reimbursement was not received.  In addition, the report shall specify the number of patients provided services that were uninsured, and the number of patients provided services under the Medicare and Medicaid programs and private health insurance plans.

 

     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.

 

     3.    This act shall take effect on the 60th day following enactment.


STATEMENT

 

     This bill prohibits a qualified ambulatory care facility from denying appropriate services to a patient on the basis of that patient's ability to pay or source of payment.

     The bill defines "qualified ambulatory care facility" to mean a licensed ambulatory care facility:

C   that primarily provides cancer-related diagnostic and treatment services including, but not limited to, radiation, chemotherapy, diagnostic radiology and medical and surgical consultation;

C   with respect to which the majority of interest is not owned by a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); and

C   that has a total square footage in excess of 20,000 square feet.

     A facility that violates the provisions of the bill is liable to a civil penalty of $10,000 for each violation.  The Commissioner of Health and Senior Services is to recover the penalty in an administrative proceeding in accordance with the "Penalty Enforcement Law of 1999" (N.J.S.A.2A:58-10 et seq.).

     The bill requires a qualified ambulatory care facility to report to the Commissioner of Health and Senior Services on an annual basis the number of patients provided services that were not able to pay for those services in whole or in part, and the value of the services provided for which payment or reimbursement was not received.  In addition, the report is to specify the number of patients provided services that were uninsured, and the number of patients provided services under the Medicare and Medicaid programs and private health insurance plans.

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