Bill Text: NJ A4739 | 2020-2021 | Regular Session | Introduced
Bill Title: Regulates allocation of health care resources during public emergencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-09-24 - Introduced, Referred to Assembly Health Committee [A4739 Detail]
Download: New_Jersey-2020-A4739-Introduced.html
Sponsored by:
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
SYNOPSIS
Regulates allocation of health care resources during public health emergencies.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the allocation of health care resources during public health emergencies and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. During a state of public health emergency, the Commissioner of Health shall, for such period as the state of public health emergency exists, require health care facilities and health care professionals to:
a. permit a patient, who is eligible for intensive care unit services and other critical care services during ordinary circumstances, to remain eligible for such services irrespective of the patient's age, disability, or other factors pertaining to the patient's identity;
b. provide patients individualized assessments based on the best available objective medical evidence;
c. ensure that no patient is denied care based on stereotypes, assessments of the patient's quality of life, or assessments related to whether the patient is disabled or other factors pertaining to the patient's identity;
d. ensure that decisions on the allocation of health care resources are not based on and, to the extent that it is possible, made with knowledge of a patient's age, race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership or civil union status, sex, affectional or sexual orientation, gender identity or expression, disability, place of residence, or socioeconomic or health insurance status;
e. distribute patients and critical care resources, including ventilators, among health care facilities in the State in a manner that reduces shortages of health care resources; and
f. implement and complete such training for health care professionals and other staff as is necessary to effectuate the provisions of this act.
2. The Commissioner of Health shall adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.
3. This act shall take effect immediately.
STATEMENT
This bill regulates the allocation of health care resources during public health emergencies. The bill provides that, during a state of public health emergency, the Commissioner of Health is to require health care facilities and health care professionals to: 1) permit a patient, who is eligible for intensive care unit services and other critical care services during ordinary circumstances, to remain eligible for such services irrespective of the patient's age, disability, or other factors pertaining to the patient's identity; 2) provide patients individualized assessments based on the best available objective medical evidence; 3) ensure that no patient is denied care based on stereotypes, assessments of the patient's quality of life, or assessments related to whether the patient is disabled or other factors pertaining to the patient's identity; 4) ensure that decisions on the allocation of health care resources are not based on and, to the extent that it is possible, made with knowledge of a patient's age, race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership or civil union status, sex, affectional or sexual orientation, gender identity or expression, disability, place of residence, or socioeconomic or health insurance status; 5) distribute patients and critical care resources, including ventilators, among health care facilities in the State in a manner that reduces shortages of health care resources; and 6) implement and complete such training for health care professionals and other staff as is necessary to effectuate the provisions of this bill.
