Bill Text: NJ S2489 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes communication and notification requirements for long-term care facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-14 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2489 Detail]
Download: New_Jersey-2020-S2489-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Establishes communication and notification requirements for long-term care facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning long-term 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. Subject to the provisions of subsection c. of this section, each long-term care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall provide daily updates to a resident's guardian or, if the resident does not have a guardian, to a family member of the resident who requests such information, concerning the health status of the resident, including any changes in the resident's health status that do not necessitate the provision of intensive or emergent medical care, unless the guardian or family member has opted out of receiving daily updates pursuant to subsection b. of this section.
b. A guardian or family member who entitled to receive notice about changes in a resident's health status who does not wish to receive daily updates concerning the resident as provided in subsection a. of this section may opt out of the daily updates, which opt out shall be valid for up to six months and may be renewed by the guardian or family member. Subject to the provisions of subsection c. of this section, a guardian or family member who has opted out of daily updates concerning the resident's health status shall be provided with notice of any clinically-significant changes in the resident's health status no later than 5:00 p.m. on the day following the date on which the change occurred.
c. In all cases, if a resident of a long-term care facility experiences a change in health status that necessitates the provision of intensive or emergency care, the long-term care facility shall provide notice of the change to the resident's guardian or, if the resident does not have a guardian, to a family member of the resident who requests such information, within four hours after the onset of the change.
d. A long-term care facility that fails to provide daily updates or notice of a change in a resident's health status as required under this section shall be liable to a civil penalty of up to $500 for each day during which the required update or notice is not provided. A civil penalty imposed under this subsection shall be collected by and in the name of the Department of Health in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). A long-term care facility shall not be liable to a civil penalty under this subsection if the facility demonstrates that it made reasonable attempts to contact the guardian or family member prior to the deadline for providing the required update or notice but was unable to reach the guardian or family member, and that the facility continued to make reasonable attempts to contact the guardian or family member on at least a daily basis thereafter until the facility was able to reach the guardian or family member.
2. This act shall take effect 30 days after the date of enactment.
STATEMENT
This bill establishes communication and notification requirements for long-term care facilities. Specifically, the bill requires that long-term care facilities provide daily updates concerning the resident's health status to a resident's guardian, or if the resident does not have a guardian, to a family member who requests such information. The daily update is to include notice of any clinically-significant changes in the resident's health status that do not necessitate the provision of intensive or emergency care.
A guardian or family member may opt out of receiving daily updates, which opt out will be valid for up to six months and may be renewed by the guardian or family member. A guardian or family member who opts out of daily updates is to be provided with notice of any clinically-significant changes in the resident's health status no later than 5:00 p.m. on the day after the change occurred.
In all cases, if a resident experiences a change in health status that necessitates the provision of intensive or emergent medical care, the facility will be required to provide guardians and families with notice of the change within four hours after the onset of the change, regardless of whether the guardian or family member is receiving or has opted out of daily updates concerning the resident.
A long-term care facility that fails to provide daily updates or notice of changes in a resident's health status as required under bill will be liable to a civil penalty of up to $500 for each day during which the required update or notice is not provided. However, a civil penalty will not be assessed against the facility if the facility demonstrates that it made reasonable attempts to contact the guardian or family member prior to the deadline for providing the update or notice but was unable to reach the guardian or family member, and that the facility continued to make reasonable attempts to contact the guardian or family member on at least a daily basis thereafter until the facility was able to reach the guardian or family member.
